Terms of use

Welcome to BlackDarling!

 

1 Acceptance of Terms of Use

The use of this website is conditional upon your acceptance of these Terms of Use and our Privacy Statement. You will be deemed to have accepted these Terms of Use and our Privacy Statement by continuing to use this website, regardless of whether or not you register as a member. We may change these Terms of Use and our Privacy Statement at any time. If we do, an amended version of the Terms of Use and Privacy Statement will be posted on the website. You are responsible for ensuring that you regularly review the Terms of Use and Privacy Statement. If you are a member of the website and the changes to the Terms of Use and Privacy Statement are material, we will use our best endeavors to notify you of the changes directly using the contact information you have provided.

 

If you do not agree to these Terms of Use you must not use this website.

 

2 Terms of Use dependent on residency

 

(a) If you are a resident of an EU Country clause 16.7 and clause 18.8(a) will apply to you (but not clause 18.8(b)).

(b) If you are a resident of a country that is not an EU Country clause 18.8(b) will apply to you (but not clause 18.8(a)).

(c) If you reside in any of the following states of the USA, then clause 16.3(a) applies to you: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin.

(d) If you reside in any of the following states of the USA, then clause 16.3(b) applies to you: California, Illinois, New York, or Ohio.

 



3.User agreement

 

These Terms of Use constitute the agreement between you and the Company (as defined below) in respect of your use of the Service and the Website (the "Agreement").

 

 

Cookies

 

Eligibility

 

You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms of Use.

 

 

Formation of contract

 

By registering as a member you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the "Make Payment" button in the final step of the upgrade-process, you enter into a binding contract regarding the chosen upgrade option at the given price.

 

 

3 Membership

 

(a) You may become a member of is website free of charge. Free membership will only allow you to participate in some of the features available as part of the Free Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.

 

 

(b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority.

 

 

(c) You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.

 

 

4 Subscription plans and fees

 

Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.

 

 

5 Free trials and other promotions

Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.

 

6 Payment

(a) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated.

 

(b) Your membership will be automatically renewed. You can opt out of auto-renewal at any time. If you have not opted out, then, the subscription will be auto-renewed for the periods stated.

 

(c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorization has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.

 

(d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price.

 

(e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.

 

7 Terms of Use of payment services

 

When using third party payment services, you must accept and abide by the Terms of Use of those payment services.

 

9 Password security

As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

 

 

10 Verification of identity

 

We may from time to time request a form of identification to verify:

 

(a) your identity;

 

(b) the information provided by you;

 

(c) your payment or billing information; and/or

 

(d) your compliance with our Terms of Use.

 

 

11 The Service

The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you.

 

12. Use of the Service at Own risk

You acknowledge that your use of the Service and the Website is solely at your own risk.

 

13.  Accurate information

You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.

Without limiting the above, you must not transmit or post on our website, any images that contain:

 • images of any person other than you;

• nudity;

• images of other objects that do not contain you;

• a cartoon or illustration (even if it is of you).

 

 

14. Information not confidential

You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Statement and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Statement and any applicable laws. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.

 

15 Information available overseas

(a) Any profile information that you have provided to us will be publicly viewable on your profile, irrespective of the location of the viewer. By creating a profile, you acknowledge that overseas recipients will be able to view your profile.

 

(b) The Company globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence.

 

(c) The Company globally utilizes contractors, which may be located in a country other than your country of residence, to conduct background and criminal history checks on individuals.

 

(d) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data.

 

16. Exposure to viruses

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.

 

17 Content of profile

(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.

 

(b) You agree that you will not upload or post onto your profile or the Website any content which:

(i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or

 

(ii) depicts, describes, identifies or alludes to any person other than yourself.

 

4.9 Interaction with members

 

You are solely responsible for your interaction with other members of the Service.

 

We employ the use of cookies. By accessing BlackDarling, you agreed to use cookies in agreement with the BlackDarling Inc.'s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

BlackDarling Inc. reserves the right to monitor all Comments and to remove any user whom can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

 

You warrant and represent that:

    

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

 

    

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

 

    

  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

 

    

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

 

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

 

    

  • Search engines;

 

    

  • News organizations;

 

    

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

 

    

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

 

 

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

 

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

 

    

  • dot.com community sites;

 

    

  • associations or other groups representing charities;

 

    

  • online directory distributors;

 

    

  • internet portals;

 

    

  • accounting, law and consulting firms; and

 

    

  • educational institutions and trade associations.

 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of BlackDarling Inc.; and (d) the link is in the context of general resource information.

 

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to BlackDarling Inc.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

 

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

 

    

  • By use of the uniform resource locator being linked to; or

 

    

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

 

 

No use of BlackDarling Inc.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iFrames

 

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

Content Liability

 

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Your Privacy

 

Please read Privacy Policy

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

 

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:    

  • limit or exclude our or your liability for death or personal injury;

 

    

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

 

    

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

 

    

  • exclude any of our or your liabilities that may not be excluded under applicable law.

 

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.