Introduction
These Website Standard Terms and Conditions shall manage your use of this website. These Terms will be applied fully and affect your use of this Website. By using this Website and the Services, you become a user and agree to, and are bound by, all terms and conditions written in this agreement.
You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
1. Eligibility.
a. Marital Status. You represent and warrant that you are single or legally separated.
b. Criminal History. You represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender. Beautiful People reserves the right to conduct any criminal background check and you authorize such a check.
c. Minors or people below 18 years old are not allowed to use this Website.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
a. Exclusive Use. Your account is for your use only and you shall not allow any other person or entity to access or use your account. Beautiful People is not responsible for unauthorized access to your account that results from your misuse of the account, or theft/misappropriation of your usernames and passwords.
b. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you submit, post, transmit, publish, or otherwise make available to or through the Services; and (ii) your interactions with others through the Services. Note that we may allow your matches to share your profile information with members of their social network(s).
c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all the risks associated with any interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through this service.
d. No Guarantees. Beautiful People makes no guarantees as to the amount or frequency of matches through this Service, or to such matches’ ability, desire or criteria to communicate with any user. Beautiful People makes no guarantees, either express or implied, regarding your compatibility with individuals you meet through this service and we make no guarantees as to the conduct of such individuals.
e. Content Removal. Beautiful People may, but has no obligation to, monitor the information or material you submit, post, transmit, publish, or otherwise make available to or through the Services. Beautiful People has the right to remove any information or material that violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Beautiful People further reserves the right to remove matches previously delivered to you, in its sole discretion.
f. Restrictions
You are specifically restricted from:
• publishing any material of this Website in any other media;
• selling, sub licensing and/or otherwise commercializing any material on or from this website;
• publicly performing and/or showing any material on or from this website;
• using this Website in any way that is or may be damaging to this Website or damaging to users of this website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.
• transmitting any chain letters, junk or spam e-mail to other users.
• Providing inaccurate or false information to Beautiful People or to any other user
• providing, posting, and/or exchanging any e-mail addresses, personal website address(es), or third-party website profile page(s) with other users before you reach the “Beautiful People Mail” phase with your match.
• posting, transmitting to other users, communicating any content (or links thereto), or otherwise engaging in any activity on the Site or through the Services, that:
i. is off topic, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene, pornographic, or otherwise objectionable or contains nudity;
ii. promotes racism, bigotry, hatred or violence of any kind;
iii. contains others’ copyrighted content, without obtaining permission or clearance first;
iv. contains video, audio, photos, or images of another person without his or her permission (or permission of his/her legal guardian);
v. promotes or enables unlawful activities;
vi. violates another’s privacy or harms or harasses another person;
vii. obtains, transmits, identity information or personal without consent;
viii. shares, conveys, or transmits bank account or credit card information to other users via text, email, or other means;
ix. creates or transmits computer viruses, time bombs, Trojan horses, cancel-bots, worms or other harmful, or disruptive codes, components or devices or circumvents copy-protect devices;
x. uses scripts, bots or other automated technology to access the Site or Services;
xi. is intended to defraud, swindle or deceive other users;
xii. is intended to or tends to harass, annoy, threaten or intimidate any other users,
xiii. promotes a political platform, religion, cult, or sect;
xiv. is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
xv. collects or solicits another person’s personal information for commercial or unlawful purposes;
xvi. impersonates, or misrepresents affiliation, connection or association with, any person or entity;
xvii. solicits or engages in gambling;
xviii. uses the Site as (or creates, transmits) a chain letter, junk mail or spam e-mails;
xix. collects or solicits personal information about anyone under 18.
Certain areas of this Website are restricted from being access by you and Beautiful People may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
3. Intellectual Property Rights
Beautiful People and/or its licencors own all the intellectual property rights and materials contained in this Website. Beautiful People grants you a limited license only for purposes of viewing the material contained on this Website.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Beautiful People a non-exclusive, worldwide irrevocable, sub licensee license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Beautiful People reserves the right to remove any of Your Content from this Website at any time without notice.
5. Your Privacy
Please read Privacy Policy.
6. No Warranties
A. NO WARRANTIES. THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND BEAUTIFUL PEOPLE EXPRESSLY MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTAILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BEAUTIFUL PEOPLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. BEAUTIFUL PEOPLE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
7. Limitation of liability.
A. INCIDENTAL DAMAGES AND AGGREGATE LIABILITY. IN NO EVENT SHALL BEAUTIFUL PEOPLE, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, SHALL BE HELD LIABLE FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE WHETHER SUCH LIABILITY IS UNDER CONTRACT. BEAUTIFUL PEOPLE, INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BEAUTIFUL PEOPLE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BEAUTIFUL PEOPLE INCUR LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEEDING THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID BEAUTIFUL PEOPLE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. ADDITIONALLY, BEAUTIFUL PEOPLE AND ITS CONTRACTORS WILL HAVE NO LIABILITY TO YOU ARISING FROM OR RELATED TO INFORMATION VERIFICATION
B. NO LIABILITY FOR NON-BEAUTIFUL PEOPLE ACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEAUTIFUL PEOPLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
8. Indemnification.
A. You agree to indemnify, defend, and hold harmless Beautiful People, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, demands, causes of action, damages, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your breach or violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Beautiful People reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beautiful People in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint not addressed by this website, e-mail us at info@beautifulpeopledate.com. Law enforcement officials may send correspondence (such as subpoenas, court orders, and warrants) to Beautiful People via Email at info@beautifulpeopledate.com.
10. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site/Services and will remain in effect in perpetuity unless terminated. Either you or Beautiful People may terminate your account at any time, for any reason or no reason, effective upon sending written notice to the other party.
Beautiful People reserves the right to immediately suspend or terminate your access to any of the Services or to remove your account information or data, without notice, for any reason or no reason. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Beautiful People by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under “Cancellations” or by sending a notice of cancellation to: Beautiful People at (fill in). Other Registered Users which whom you have corresponded may be notified of the cancellation.
11. Refunds
If you need or seek a refund, please read our Refund policy carefully.
12. Cancellations.
a. Cancellation at anytime with no refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time.
b. Your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
c. Cancellation will not affect your obligation to pay the total contractual amount due on your subscription under any installation payment plan and you will continue to be charged the scheduled payments until the remaining balance is paid in full.
d. 3-Day Cancellation. Regarding the Service, you may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this agreement, you can email subscriptions@beautifulpeopledate.com or mail a signed and dated notice, or telegram, which states you, the buyer, are canceling this agreement, or words of similar effect. This mailed notice shall be sent to Beautiful People, Inc., Attn: Cancellations, P.O. BOX 1157 HALLANDALE FL 33008 and shall be postmarked within 3 business days following the date of this agreement
e. Please include the e-mail address associated with your account in this notice, along with your name, date of birth, and other contact information. The day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this cancellation policy will be made within 30 days after we receive your cancellation notice.
13. Renewals
Unless you properly cancel, Beautiful People automatically renews all paid subscriptions for the Services on the date such subscriptions expire, and you acknowledge such automatic renewals.
14. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause Beautiful People irreparable harm, and therefore you agree that Beautiful People will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Beautiful People may have for a breach of this Agreement.
15. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein and the remainder of this Agreement will continue in full force and effect.
16. Variation of Terms
Beautiful People is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Assignment
The Beautiful People can assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
18. Entire Agreement
This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Beautiful People regarding the use of this Service, superseding any prior agreements between you and Beautiful People related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Beautiful People to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
19. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Florida of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.
Arbitration Agreement & Class Action Waiver
a. Purpose: This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Beautiful People. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Beautiful People shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “ Beautiful People ” means Beautiful People Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Beautiful People regarding any aspect of your relationship with Beautiful People, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
a. Pre-Arbitration Dispute Resolution: For all disputes, you must first allow Beautiful People an opportunity to resolve the Dispute. You must commence this process by mailing written notification to P.O. Box 1157 Hallandale FL 33008. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Beautiful People does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
b. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Beautiful People may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with Beautiful People, the Terms of Service, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
c. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
d. Location of Arbitration: You may initiate arbitration in either your LOCATION or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. If Beautiful People initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
e. Payment of Arbitration Fees and Costs: Beautiful People will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Beautiful People as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Beautiful People your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
f. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Beautiful People specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Beautiful People and/or user of Beautiful People services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
g. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Beautiful People are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Beautiful People might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
h. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
i. Continuation: This Arbitration Agreement shall survive the termination of your contract with Beautiful People and your use of Beautiful People services.
Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Beautiful People copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Beautiful People to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
