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Welcome to DateTrade

TERMS OF USE AGREEMENT DEFINITIONS

"You" refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below.

DateTrade, Inc. ("DateTrade") is the exclusive owner and operator of www.DateTrade.com (the website).

As used in this Agreement, "we" and "us" means DateTrade or any successor or assign of DateTrade.

"Service" and "Services" refers to the services available on www.DateTrade.com and your use of those services and/or the use of www.DateTrade.com for any purpose whatsoever.

TERMS OF USE AGREEMENT

This Terms of Use Agreement (the "Agreement") constitutes your agreement with DateTrade with respect to your use of the Services. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.

SUMMARY OF TERMS

This Agreement sets forth the terms and conditions which apply to your use of the www.DateTrade.com website and all Services offered by DateTrade. By completing the registration process you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

We reserve the right, at any time, to change or modify this Terms of Use Agreement. Such changes will become effective upon posting and your continued use of the Service after such posting. As a courtesy, we may send you, but are not obligated to send you, notice of any changes by email. Whether or not an email or other notification is sent, your continued use of the Services after such change or modification has been posted shall be deemed to constitute acceptance by you of any such change, modification, additions or deletions. You agree to review this Agreement periodically to become aware of any such change, modification, addition, or deletion.

SERVICES

DateTrade is an online meeting place where persons can view the photos and personal profiles of other persons and bid for a date with those persons. Individuals who are interested in offering a date for auction can post their photos and/or personal information. DateTrade supervises an online auction in which persons can bid for the chance to meet the persons offering a date for auction. Once bidding is closed and a winner is selected, the parties arrange to meet. DateTrade does not facilitate or guarantee payment of the winning bid amount.

See a more detailed description of the Services and the DateTrade system below under "The DateTrade System."

NO GUARANTEE OF SATISFACTION OR RESULTS

DateTrade does not guarantee that a winning bidder will be satisfied with his/her date, nor does DateTrade promise any particular result or outcome of the date. Bidders are bidding for the chance to meet with the person offering the date for auction, and the person offering the date for auction must meet with the bidder in order to receive the winning bid money. (See below for further details.)

DateTrade does not guarantee that the web site will be up and running at all times. We reserve the right to restrict or suspend access to allow for repairs, maintenance, or upgrades. We will try to keep these interruptions to a minimum.

ELIGIBILITY TO USE SERVICES

You must be 18 years of age or older to visit or use this website in any manner. By using the Services through www.DateTrade.com or accepting these Terms of Use, you represent and warrant to DateTrade that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to DateTrade that you will use this website in a manner consistent with any and all applicable laws and regulations.

RIGHT TO USE

Your right to use the Services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

CODE OF CONDUCT FOR USERS

By using the Services, you agree to use the Services in accordance with the following Code of Conduct:

  1. you will keep all information provided to you through the Service as private and confidential, and will not give such information to anyone without the permission of the person who provided it to you;
  2. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
  3. you will not forward chain letters through the Service;
  4. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
  5. you will not post messages, pictures or recordings or use the Service in any way which does either of the following activities:
    1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
    2. constitutes fraud or otherwise is unlawful or violates any law.
  6. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for charity funds or charitable contributions, nor use the Service for advertising or solicitation for commercial businesses, or to promote or solicit goods or services other than those contemplated in the DateTrade model of bidding for dates. This prohibition includes but is not limited to sending emails to other users that are not for a purpose connected to DateTrade's business model, which is bidding for dates in an auction format.
  7. you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, DateTrade systems, or to other members' systems in any way.
  8. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information. (You may exchange contact information with other persons in a private manner as described herein, but you may not disseminate such information to the public.)
  9. you will supply only accurate personal information about yourself to DateTrade and to other users of the Service. MONITORING OF YOUR INFORMATION

MONITORING OF YOUR INFORMATION

We reserve the right to monitor and control all public postings and messages to ensure that they conform to our content guidelines (see Code of Conduct above). These guidelines are monitored by us and subject to change from time to time.

REMOVAL OF INFORMATION

We do not and cannot review every message or other material posted or sent by users of the Service, and we are not responsible for any content of these messages or materials. However, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, personal information, public postings, and messages, that we, in our sole discretion, believe violate the Code of Conduct set out above or any other applicable content guidelines or laws, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

TERMINATION OF ACCESS TO SERVICE

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, for breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

You may also terminate this Agreement at any time and cease to use the Services. To do so, visit the Account Settings page, select "Disable Account" and follow the instructions there.

PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY

The Service and the web site contain information which is proprietary to us, our partners, and our affiliates. We assert full copyright protection in the Service. We assert full trademark protection in our mark(s) and the material on the web site. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information. By using the Service, you warrant that the information that you post is your property and that no other person has an ownership interest in that information that would be violated by your posting of it. You agree not to post, distribute, or reproduce any copyrighted material, trademarks, trade secrets, or other proprietary information if you do not have the prior written consent of the legal owner of such items. You assign to us all copyright in the information as it is used on our site. You waive all moral rights to your image and rights to be identified as the author of your profile.

You agree to keep confidential and not use, except as set out herein, any information relating to the Service which is disclosed to you or of which you may learn, except where disclosure is legally required or where the information has come into the public domain through no fault on your part. You agree not to copy, modify, publish, transmit, distribute, perform, display, use or sell any of DateTrade's proprietary and intellectual property.

If you believe that your own work has been copied and posted on the Service in a way that violates the copyright law, please contact us in writing with an explanation of the material, your rights in the material, and why you think a violation has occurred. (See "Contact Us.")

NO RESPONSIBILITY FOR SUSPENSION OF SERVICE

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

SECURITY OF YOUR ACCOUNT

Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.

EXTERNAL LINKS

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We recommend that you review the terms of use and the privacy statements of such External Links prior to using them.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any material or content distributed by DateTrade constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOU USE DATETRADE.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. DATETRADE'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

DATETRADE PROVIDES ON-LINE PERSONAL DATING-RELATED SERVICES AND AUCTIONS OF DATES THROUGH THE DATETRADE.COM WEBSITE. DATETRADE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION CONTAINED ON DATETRADE.COM, NOR DOES DATETRADE ENDORSE ANY INFORMATION CONTAINED ON DATETRADE.COM.

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY DATETRADE IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DO NOT VERIFY, REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER OR USER PROFILE, PERSONAL INFORMATION, ADVICE, OPINIONS, STATEMENTS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY DATERADE, OUR PARTNERS OR ANY USER OF THE SERVICE, OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON OR USE OF ANY SUCH OPINION, MEMBER PROFILE, PERSONAL INFORMATION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS OR AMENDMENTS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL DATERADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY DATETRADE AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE DATETRADE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE DATETRADE.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER DATETRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless DateTrade and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, losses, expenses, claims, actions, and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any use by you of the Services or the web site, or any breach by you of this Agreement or the representations, warranties and covenants you make by agreeing to this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. DateTrade reserves the right, at its own expense, to assume the exclusive defense and control of any legal matter subject to indemnification by you.

MISCELLANEOUS

This Agreement, with the agreements incorporated by reference, represents the entire agreement between you and DateTrade regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of California, U.S.A..

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of DateTrade. DateTrade may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

This Agreement is for the benefit of the parties to it only, and not for the benefit of any third parties.

Any waiver by us of the breach of any provision of this Agreement shall not act as a waiver of any subsequent breach of the same provision or any other provision.

This is the entire agreement between you and us. If any provision of this Agreement is held to be invalid, the rest of the Agreement shall continue to be valid and shall be read to give meaning to the rest without the invalidated provision.

This Agreement shall be governed and interpreted under California law, to the exclusion of conflicts of laws principles. Venue for any legal dispute shall lie exclusively in the courts with jurisdiction over Alameda County, California, U.S.A.

DateTrade shall not be responsible for any internet or telecommunications charges you may incur in connecting to the Service or the web site.

MODIFICATIONS TO THIS AGREEMENT

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

DISCLOSURE AND OTHER COMMUNICATIONS

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any DateTrade-related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

PAYMENT

All prices are stated in U.S. Dollars. If you have concerns about our payment system, please contact us. If you submit false or wrong information in the payment process, DateTrade will not be responsible for any delays or damages that result. Payment is not deemed made until we receive cash or cleared funds through our payment processor.

 

SAFETY

WARNING: MEETING SOMEONE ONLINE MAY BE DANGEROUS.  We do not run background checks on any of our members.  There may be DateTrade members who have a criminal history, possibly even sex offenders.  There have been numerous cases where victims of heinous crimes have met their perpetrator online.  Please be safe and aware of the fact that WE DO NOT RUN CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS.

  1. Don't share your bank or credit card information with people you meet online.
  2. Don't send money to strangers you meet online or to someone who claims to be in an emergency. Wire transfers are especially risky as wiring money is like sending cash; the sender has no protections against loss. Scammers often insist that people wire money, especially overseas, because it’s nearly impossible to reverse the transaction or trace the money.
  3. Don't share personal information such as SSN, address or phone number.
  4. When meeting someone for the first time, always meet in a public, populated place. And stay in a public place for the duration of your time together.
  5. Inform friends and family members where you're going and when you'll be there.
  6. Stay sober. Don't do anything that could impair your judgement.
  7. Be responsible for your own transportation to and from the first meeting. Drive yourself, get a ride from a friend or take public transportation. Don't get in a car with someone you're meeting for the first time.
  8. Don't leave personal items unattended. You don't want to risk having personal information or belongings stolen. If you are drinking, keep your drink with you at all times, so it can't be tampered with.
  9. If something doesn't feel right, trust your instincts. End the date. Leave.

PRIVACY POLICY

The California Online Privacy Protection Act of 2003 ("the Act") regulates the way private sector organizations within California, U.S.A. collect, use, keep, secure and disclose personal information. "Personal Information" means all information about an identifiable individual. DateTrade recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our Services.

DateTrade collects personal information from you in order to facilitate the use of our Services. DateTrade will not use or disclose your personal information for purposes other than those described in this policy. By using the Service, you are promising to provide us with accurate personal information about yourself. Failure to do so will nullify any responsibility we may have with regard to protecting your accurate personal information.

We may use your personal information to provide you with the Service, verify your identity, check your qualifications, follow up with transactions initiated on the web site, or comply with the law. We may also use the information to contact you about changes or offer Services.

DateTrade may also use third-party companies to provide various services (including but not limited to advertising and money transfers) when you use www.DateTrade.com. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes (including but not limited to age and gender) that you provide in your public profile to display relevant ads to you. DateTrade is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites if you leave our website.

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request a correction of your personal information as you see it displayed on the site and you cannot correct it yourself, please contact us via the "Contact" link in the footer of our web site. Aside from the edit function on the Profile page which users can access themselves, we do not maintain procedures for you to review or request the information we collect about you or historic information from the past that you have provided, except that you may request that we remove all information about you from our database. Please note that we are required by law to maintain certain information about customers for a period after our contract terminates, and we also maintain certain information for our own legal protection.

By using the Services on www.DateTrade.com, you acknowledge the following:

  1. Although DateTrade complies with industry standards for data protection, DateTrade cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use, misuse, losses, or alteration of such information by other parties;
  2. DateTrade is not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in providing personal information you to others through the Service; and
  3. DateTrade assumes no responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We do not guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Services. Therefore, you should take whatever actions you deem necessary to verify any information provided by other users before meeting with them. You meet with other persons through DateTrade at your own risk. You should take reasonable precautions, for example meet in a public and well-lit place, inform others of your whereabouts and schedule, and carry a cell phone with you.
  4. You agree to carefully control any password or other secret access data that we provide to you to use the Service and the site, and to inform us without delay if it has been compromised.
You may not use the Service for any unlawful purpose. If you use this service unlawfully, we will pass along all information to law enforcement and cooperate with them. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

 

DateTrade is only for use by persons 18 years of age and older. If a minor is found using the Service or the site, or we suspect that a minor is involved, we will promptly delete any personal information in that user's account. We reserve the right to require verification of age if we suspect that a minor is involved.

In addition, our servers automatically recognize visitors' domain names and IP addresses. No personal information is revealed in this process. This information may be used to analyze site traffic and trends, diagnose problems with our server, or display content according to your preferences. We may use the standard "cookies" of the major browser applications that allows us to store a small piece of data on your computer about your visit. We do not set any personally identifiable information in cookies. You can decide whether to accept cookies. (Check your browser settings.) However, if you choose not to accept cookies, some of the Service and website functions may be limited or not function at all.

We may disclose your personal information if legally required to do so or in the good faith belief that such action is necessary to protect and defend the rights or property of DateTrade or its users, or to protect the safety of the public of site users.

We may sell or buy portions of our company or other companies or assets, including the information collected on our web site. If the company is sold, customer information will be one of the assets sold.

The web site may contain links to other sites. We are not responsible for their privacy policies. You should review their policies. If you establish a credit account with us to pay fees, we may collect some additional information, including but not limited to billing address, credit/debit card number, expiration date, and security code on the back.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities in connection with the Service, we may collect such information into a file specific to you.

You agree that we may use your personal information to contact you and deliver information to you that is targeted to your interests. By accepting this Privacy Policy, you agree that we can send you this information.

You may change your personal data on the site by using your User ID and password.

Your User ID is displayed on the site and can be seen by the public. Other people can see your bids and your postings on the web site. If you reveal your personal name as associated with your User ID, the public will know it is you.

If you wish to deactivate your account and are unable to do so yourself, notify us immediately. See the link "Contact" toward the bottom of every page. We will retain some of your information in our accounts to comply with the law and because our "backup" systems will keep some information. Therefore, you should not expect that all of your personal information will be removed from our databases.

We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change and without any other notice. Any such change will be effective immediately upon posting. If we change our Privacy Policy, we may, in our discretion, notify you via email. You agree to keep your email updated with us.

This Privacy Policy only governs the use and handling of personal information we collect from you. If you disclose your information to other parties (e.g. bidders, auctioning persons, or others) different rules may apply. To the extent we use third-party advertisers, they have their own policies, which we do not control. You should review the privacy policy of each web site you use.

The effective date of this Privacy Policy is: December 5, 2017