Terms of Service
1. Your Acceptance
This is an agreement between Ok Dating LTD, the owner and operator of “Dating” mobile application including the okdating.mobi sites (collectively “Ok Dating LTD Services”, “Dating Service”, “Service” or “service”) and you (“you” or “You”), a user of the Service.
2. Dating Service
These Terms of Service apply to all users of the Dating Service. Information provided by users through the Dating Service may contain links to third party services and websites that are not owned, endorsed or controlled by Ok Dating LTD.
Ok Dating LTD has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party services including but not limited to applications, software or websites.
Moreover, Ok Dating LTD will not and cannot censor or edit the content of any third-party services. By using the Service, you expressly acknowledge and agree that Ok Dating LTD shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party services.
B. You agree not to use or launch any automated system that accesses the Service or create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, wget, crawler, scraper or any similar software, code or program. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, spyware, viruses, malware or any other code of a destructive or disruptive nature. You are forbidden from ripping the content of the Service. Notwithstanding the forgoing, Ok Dating LTD grants the operators of public search engines permission to use spiders to copy materials from the websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ok Dating LTD reserves the right to revoke these exceptions either generally or in specific cases.
C. We do prohibit any efforts to reverse engineer our systems, our protocols, or explore outside the boundaries of the normal requests made by Dating users. We prohibit using request modification tools such as fiddler or whisker, or any other tools or activities that are meant to explore, harm, penetrate or test the site or application. You must secure our permission by written consent before you measure, test, and health check or otherwise monitor any network equipment, servers or assets hosted on our domain or server.
D. You agree not to collect or harvest any personally identifiable information, including email, phone number and content from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, harass or solicit for commercial purposes, any users of the Service.
E. You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms of Service.
F. You are responsible for any activity that occurs on your account. You agree that you will not create an account for anyone other than yourself and that you are responsible for keeping your password secret and secure.
G. You may receive links from the Service or users to third-party web sites, applications or features. You expressly acknowledge and agree that Dating and Ok Dating LTD are in no way responsible or liable for any such third-party service or functionality.
H. Some features of the Service allow you to interact with third-party applications or websites that connect to the Service or to your profile on the Service. The Service also includes third-party content that we do not control, maintain or endorse. Some features allow you to share content from the Service to third-party applications which may be publically posted on the third-party applications or service. By using these features, you expressly agree and acknowledge doing so at your own discretion and risk. If you choose to use applications that connects the Service or your profile on the Service to third-party service which may interact with, connect to or obtain information from and to your Service profile, then you agree and acknowledge that: (i) you are consenting to information about your profile may be shared and that personally identifying information may be publicly disclosed and may be associated with you; (ii) your use of third-party applications is at your own choice and risk and that you acknowledge and will not hold Dating Service and Ok Dating LTD liable for any harm or damage resulting from your use of such third-party applications.
4. Intellectual Property Rights
The design of the Dating Service along with created text, scripts, graphics, interactive features and functionality and the like, and the trademarks, service marks and logos contained therein are owned by or licensed to Ok Dating LTD. The Service is provided to you as is for your information and personal use only. Ok Dating LTD reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of users’ personal identification, information, submissions, posted and shared user content to third parties obtained through the Service for any commercial purposes.
5. User Submissions
A. The Dating Service allows users to upload profile photos and submit username or name and other communications submitted by you (collectively “Submissions). Submissions do not include your email or posted content. Submissions (name or username and profile picture) may be shared and/or published as part of the Dating Service and may be visible to other users of the Service who have your email on their mobile device and which you have not expressly blocked. By using the Service, you acknowledge and agree that Submissions may be globally viewed by all users who have your email on their mobile device. You understand that Dating does not guarantee any confidentiality with respect to Submissions.
B. You are solely responsible for your own Submission and the consequences of uploading or posting them. Because Dating is only a repository of data, Dating Service cannot and will not verify or guarantee as to the validity, accuracy or legal status of any Submissions. User Submissions do not represent the views or opinions of Dating Service and of Ok Dating LTD. By using the Service, you expressly acknowledge and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dating to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any Submissions to enable inclusion and use of the Submissions in the manner intended by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submissions to use the name, username, photo or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner intended by the Service and these Terms of Service; and (iii) you grant Dating a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with Dating Service, including without limitation for promoting and redistributing part or all of the Dating Service (and derivative works) in any media formats and through any media channels; and (iv) you grant each user who has your email on their mobile device a non-exclusive license to access your Submissions through the Service. The forgoing license granted by you terminates once you remove or delete a Submission from the Dating Service.
C. Moreover, you further agree that you will not: (i) submit or post content or material including your Submissions, photos, videos or any content (together referred to as “Content” or “content”) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dating all the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dating, Ok Dating LTD or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii)attempt to gain unauthorized access to the Service or its related systems or networks.
D. Dating Service and Ok Dating LTD do not endorse any Content or any opinion, recommendation, or advice expressed therein, Dating Service and Ok Dating LTD expressly disclaim any and all liability in connection with Submissions. Dating and Ok Dating LTD do not permit copyright infringing activities and infringement of intellectual property rights through the Service, and Ok Dating LTD Service will remove all content and Submissions if properly notified that such content or Submissions infringes on another’s intellectual property rights.
To file a copyright infringement notification, please send a written communication that includes the following: (i) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or in case multiple copyrighted works, a representative list of such works; (iii) identification of the material that is claimed to be the subject of infringing activity and that is to be removed and/or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Pych user allegedly infringing the copyrighted work; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number or an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. Dating and Ok Dating LTD reserve the right to remove any inappropriate Content, Submissions or infringing activity without prior notice. Moreover, Dating and Ok Dating LTD may terminate a user’s access to the Service for any reason, including but not limited to infringing activity and violation of the Terms of Service, without prior notice and at their sole discretion.
F. You also expressly acknowledge that when using the Service, you will be exposed to Submissions and Content from other users of the Service, and that the Service is not responsible for the accuracy, appropriateness, safety and intellectual property rights of such Submissions and Content. You also acknowledge that by using the Service you might be exposed to Content submitted by other users of the Service and which you might find offensive, indecent, objectionable and therefore by using the Service, you do waive any legal or equitable rights or remedies you have or may have against Dating and Ok Dating LTD with respect thereto, and agree to indemnify and hold Dating and Ok Dating LTD, their directors, employee, owners, agents, affiliates, contractors and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
G. You expressly acknowledge to use the Service of personal purposes only. Dating reserves the right to discontinue any aspect of the Service and/or the Terms of Service at any time.
6. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Dating SERVICE WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Dating AND Ok Dating LTD, THEIR DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Dating AND Ok Dating LTD MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY VIRUSES, TROJAN HORSES, BUGS OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY; (VI) ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR VIA THE SERVICE; AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. Dating AND Ok Dating LTD DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THE DATING SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSIONS OR OTHER ADVERTISING, AND Dating AND Ok Dating LTD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
MOREOVER, YOU EXPRESSLY ACKNOWLEDGE THAT Dating AND Ok Dating LTD SHALL NOT BE LIABLE FOR USER SUBMISSIONS, CONTENT OR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FORGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Dating and Ok Dating LTD, their directors, employee, owners, agents, affiliates, contractors from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to attorney’s fees, arising from: (i) your use of and access to Dating Service; (ii) your violation of any term(s) of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Dating Service.
This arbitration agreement will survive the termination of your relationship with the Service.
10. Ability to Accept Terms of Service
You affirm that you are 13 years of age or older, possess parental or legal guardian consent, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with these Terms of Service. If you are younger than 13 year of age or, if required, you do not possess consent to use the Service by a parent or legal guardian, you are not permitted to use the Service.
These Terms of Services, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dating and Ok Dating LTD without restriction.
Moreover, you agree that any cause of action arising out of or related to use of Dating Service must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred.
Information the Service Collects
Dating and Ok Dating LTD may obtain the following information from you or your mobile phone device, which may include information that can be used to identify you as specified below:
User Provided Information: When you sign up and register to the Service, you provide Personally Identifiable Information, such as your name or username, email, gender (if applicable), push notification name (if applicable), location (if applicable) and mobile device information to Dating Service. In order to provide you the Service, Dating will periodically access your address book or contact list on your mobile phone device to locate the phone numbers of other Dating users and update your contact list within the app.
Cookies Information: When you access the Dating or Ok Dating LTD site (collectively referred to as “Site”) we may send one or more cookies to your computer that uniquely identifies your browser. The Site uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the “Site” may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
Information the Service Does Not Collect
The Service does not collect any information users post, send, and receive including user messages, content, photos, videos or any media. The Service is a repository of data and does not store any user information for data mining purposes or sharing or selling any such information or data. Information is stored on our servers only to provide you the service and full functionality of the application.
The Service does not collect names, emails or addresses; however the Service will store on the server your username, password, profile picture (if applicable) associated with your phone number in order to identify users and provide the service, operate, maintain and provide you the features and functionality of the Dating. This information is essential to your use of the Service. However this information will not be shared, sold or used for solicitation, and it will not be used to send you commercial or marketing messages without your consent or except as part of a specific program or feature for which you have the choice to opt-in or opt-out. Location based data (if applicable) and gender (if applicable) is used for analytical purposes and not for solicitation. However any content or information shared through posting or messaging will not be used for collecting information about users and will not be shared, sold or used for solicitation.
Any information or content you voluntarily post on the Service becomes publicly available and may be used by other users with whom you have shared this information.
We may however send you messages for non-marketing administrative or customer service purposes such as notifying you of updates or changes to our Terms of Service.
Moreover, we may collect user usage data for analyzing user preference and trends in order to improve the quality of the design and functionality of the Service, introduce new features and functionalities or remove non used features and provide users continuous satisfaction with the Service.
Information may be disclosed
The Service may collect and release Personally Identifiable Information and/or other information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws, international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. The Service also reserves the right to disclose Personally Identifiable Information and/or other information that the Service believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Service and its servers, and to protect the rights, property, or personal safety of our users or others.
Acceptance of Service
The Service uses commercially available physical, managerial, and technical safeguards to preserve the integrity and security of our users’ personal information. However the Service cannot ensure or warrant the security of any information you share or post on the Service and by using the Service you explicitly acknowledge that you are doing so at your own risk; the is no guarantee that any information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
In Case of Sale, Merger or Bankruptcy
In case Dating and/or Ok Dating LTD is acquired by or merged with a third party entity, we reserve the right to transfer the Service including your stored Personal Identifying Information as part of such merger, acquisition, sale, or other change of control.
In the event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Last updated November 25, 2016.