Terms of service Xintimate Adult dating / Sex dating site.
Xintimate is the most secure and private adult dating / sex dating site on the internet. Xintimate is dedicated to help you hookup for sex, whilst guarding your privacy
Terms and Conditions of Service
This online sex dating service (the "Service") is a way for adults to meet each other, primarily in order to hookup for sex / have ecounters of a sexual nature.
legal agreement ("Agreement") is made between You and Xintimate . This
Agreement, as it may be amended from time to time, applies to all users
of any of the Xintimate .com's websites (the "Websites").
Xintimate IS SIMPLY A SOCIAL NETWORK FOR ADULTS TO INTERACT. WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS SOCIAL NETWORK IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT MAY APPLY TO YOU
not use the Service if you are under the age of 18 or you are not able
to form legally binding contracts, or if your membership has been
suspended by us. Please read this Agreement carefully before registering
for the Service. By registering for the Service, You become a Xintimate
.com member (a "Member"), and you agree to be bound by the terms and
conditions of this Agreement for as long as you continue to be a Member.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS
AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE
TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR
POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following terms have the following meanings unless the context requires otherwise:
means the agreement between you and us incorporating these terms and
conditions for the provision of the Service, as amended from time to
time in the manner set forth herein;
"We, Us, Our, Ours, the site, the website, the services, service, platform" means Xintimate .com;
Your, Yourself" means the person who registers for the Service, accepts
the terms and conditions of this Agreement and whose application for
membership of the Service is accepted by Us.
MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant
that You are at least 18 years old. By using the Service, You represent
and warrant that You have the right, authority and capacity to enter
into this Agreement and to abide by the terms and conditions of this
Agreement. Your membership for the Service is for Your sole, personal
use. You may not authorize others to use Your membership, and You may
not assign or otherwise transfer Your account to any other person or
entity. You will not provide or permit access or use of the Services, or your Account, by any minors
REGISTRATION AND SUBSCRIPTION: Although You may register
as a Member of the Service for free, if You wish to use the Service to
initiate most communication with other members and use certain other
elements of the Service, You must become a Subscriber and pay the fees
that are set out in our price list (Click here ton see our price list) . This price list is part of this
Agreement and We reserve the right, at any time, to change any fees or
charges for using the Service. To become a Member, You must register for
the Service. When and if You register to become a Member.
Although we aim to verify the accuracy of the information provided by
Our Members, We do not verify information in profiles, and We have no
control over, do not guarantee, and are not responsible for the quality,
truth, accuracy, legality or safety of Our Members.
TERMINATION: This Agreement will remain in full force and effect while
You use the Service and/or are a Member. You are required to log into
the Service at least once every thirty (30) days. If you fail to do so,
in addition to any other rights or remedies available to the Xintimate
.com for a breach of the Terms, the Xintimate .com reserves the right to
purge any Registration Data from the Service and / or terminate your
If you cancel your membership via the Website, we may ask
you to provide a reason for your cancellation.
RIGHTS: You represent and warrant to Us that the information posted in
Your profile, including Your photograph, is posted by You and that You
are the exclusive author of Your profile and the exclusive owner of Your
photographs. You assign to Us, with full title guarantee, all copyright
in Your profile, Your photographs posted, and any additional
information sent to Us at any time in connection with Your use of the
Service. You waive absolutely any and all moral rights to be identified
as author of Your profile and owner of Your photograph and any similar
rights in any jurisdiction in the world. In addition, other Members may
post copyrighted information, which has copyright protection, whether or
not it is identified as copyrighted. Except for that information which
is in the public domain or for which You have been given express written
permission, You will not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. By posting
information, photographs or content on any Service, You automatically
grant, and You represent and warrant that You have the right to grant,
to Us and other members, free of charge, an irrevocable, perpetual,
non-exclusive, royalty-free, fully-paid, worldwide license to use, copy,
perform, display, promote, publish and distribute such information,
content and photographs and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant
and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile
any telephone numbers, street addresses, your name or the real names of
others, URLs or email addresses, or any information that could identify you or any other person other than in response to Our prompts
in the personal or general information sections of the Websites. You
will not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the Service. You will not
transmit any chain letters or junk email to other members. To protect
Our members against such conduct, depending on the Website you Subscribe
to, We currently limit the number of messages that any subscriber may
send in a day. You are solely responsible for Your interactions with
other members. We reserve the right, but have no obligation, to monitor
and/or mediate disputes between You and other members.
You will not upload, post, email, transmit or otherwise make available any Content that is unlawful (e.g., prostitution), harmful, threatening, abusive, harassing, tortuous, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
You will not harm minors in any way or commit abuse;
You will not impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
You will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
You will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation; without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
You will not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users' or members' ability to engage in real-time exchanges;
You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
You will not provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
You will not "stalk" or otherwise harass another person or user or member;
You will not collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information; or
You will not disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a "Specially Designated National"; or (iii) placed on the Commerce Department's Table of Deny Orders;
Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
You understand that when you gain access to the Services, you will be exposed to visual images, verbal descriptions and audio sounds and other content of a sexually oriented, and explicitly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials and content which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented and explicit materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
You may not interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.
You may not use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers.
If you establish an Account, you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency.
YOU MAY NOT USE THE PLATFORM OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY CHARGED WITH AN OFFENSE OF A SEXUAL NATURE. WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18
Provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain, or
Assist any third party in doing any of the foregoing.
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
Our Platform and our Service give users the opportunity to explore their fantasies and to interact with others in the Platform. However, there is no guarantee you will find a date or partner on our Platform or by using our Service. Our Platform and our Service are also intended to provide users with amusement and entertainment. You agree that some of the features of our Platform and our Service may be used for such amusement and entertainment purposes.
You also understand and agree that there are users and members on the Platform that use and subscribe to our Service solely for entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.
You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.
You are solely responsible for the content or information You publish or
display (hereinafter, "post") on the Service, or transmit to other
members. You will not post on the Service, or transmit to other members
or to Us or Our employees, any defamatory, inaccurate, abusive, , offensive, , threatening, harassing, racially
offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity). You
will not include in Your profile any offensive language, and You will not post any
photos containing personal information. We reserve the right,
but We have no obligation, to reject any profile or photo that does not
comply with the prohibitions set forth in this section. We reserve the
right to refuse service to anyone, at our sole discretion.
By becoming a Member, You agree to accept and consent to receiving email
communications initiated from Us or through Us including, without
limitation: message notification emails, "Your Match" emails, emails
informing you about events and parties We organize, emails informing You
of changes to the Service and emails informing You of promotions that
either We provide or that are being provided by third parties. If you
choose to respond to promotions that are provided by third parties and
in the course of doing so, disclose information to any external service
providers, and/or grant them permission to collect information about
you, then their use of your information is governed by their private
policies. Message notification emails such as "Your Match" emails,
emails informing you about events and parties We organize and emails
informing You of changes to the Service are provided by Us as part of
the operation of the Service and you will receive these messages for as
long as you are Our member. Should You not wish to receive any of Our
email communications, please do not register with Us for the Service.
However, You may opt-out of receiving Email communications sent from Us
or through Us offering You third party goods or services.
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You must evaluate, and (as between us) bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.
You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a username 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. Your username and password are not transferable and may not be assigned. You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained
or transmitted by Our Service. You acknowledge that features, parameters
or other services We provide may change at any time. You acknowledge
that We reserve the right to sign out, terminate, delete or purge Your
account from the Service if it is inactive. "Inactive" means that you
have not signed in to the Service for a particular period of time, as
determined by Us, in Our sole discretion.
Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When contacting Our customer
service employees by e-mail or communicating with them by any other
means, You agree not to be abusive, obscene, profane, offensive,
threatening, harassing or racially offensive. Should
any of Our customer service employees feel, at any point, threatened or
offended by Your conduct, We reserve the right to immediately terminate
Your membership and You shall not be entitled to the refund of any
subscription payments We have received from You.
Your personal information is being provided only to Xintimate unless we specifically state otherwise. We will not
disclose your personally identifiable information to any person or company
except where you have given us permission to do so or if the law requires it,
or where in good faith Xintimate believes
such action is necessary to comply with a legal process.
You understand that everything you
put in your public profile (images, text) is viewable by everyone on the internet.
You must therefore not post anything in your public profile that could
indentify you as a person or your location. You must not post contact details
such as telephone numbers, email addresses or physical addresses or your real
name etc. We have the right to edit or remove your profile, if we feel that,
you have posted contact details or other information that could reveal your personal
identity and or anything else that we deem inappropriate. However, we might use
the images and information provided by you in your public profile on third
party websites for marketing purposes.
We may contact you by
post, or fax as well as by email and text message. If you change your
mind about being contacted in the future by any of these means then please let
us know by getting in touch with us.
We are entitled
to investigate and terminate Your membership if You have misused the
Service, or behaved in a way which could be regarded as inappropriate,
unlawful or illegal. The following is a partial, but not exhaustive,
list of the types of actions that are illegal or prohibited under this
You will not harass or impersonate any person or
entity. You will not use any manual or automatic device or process to
retrieve, index, data mine, or, in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
You will not express or imply that any of Your statements are endorsed
by Us, without Our specific prior written consent. You will not
interfere with or disrupt any Service or any Website, servers or
networks connected to any Service or Website. You will not post,
distribute or reproduce, in any way, any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. You will not
remove any copyright, trademark or other proprietary rights notices
contained in the Service or forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information
transmitted through the Service. You will not use meta tags or code or
other devices containing any reference to Us or the Service or the
Website connected to the Service in order to direct any person to any
other website for any purpose. You will not modify, adapt, sublicense,
translate, sell, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Service or any software used on or for
the Service or cause or enable others to do so. You will not post, email
or otherwise transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt, harm
or limit the functionality of any computer software or hardware.
BY MEMBER: You will defend, indemnify, and hold Us and Our officers,
directors, employees, agents and third parties harmless, for any losses,
costs, liabilities or expenses relating to or arising out of Your use
of the Service, including:
(I) Your breach of this Agreement;
(II) any allegation that any materials that You submit to Us or transmit
to the Service infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third
party; and/or (III) Your activities in connection with the Service.
This indemnity shall be applicable without regard to the negligence of
any party, including any indemnified person.
RELEASE: If You have a dispute with one or more of Our Members, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees)
from any claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way
connected with such dispute.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their
respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. WE DO NOT GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE
AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY
PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR
OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
Content Provided "AS IS"; Access to Content. You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or quality. All such Content is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any Content provided by third parties. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS
RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS
YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL
MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and
shall be owned by Us, absolutely. Those rights include, but are not
limited to, database rights, copyright, design rights (whether
registered or unregistered), patents, trademarks (whether registered or
unregistered) and other similar rights, wherever existing in the world,
together with the right to apply for protection of the same. All other
trademarks, logos, service marks, Xintimate .com or product names set
forth in the Service are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal information) You
provide to Us will be stored on computers and/or servers. You consent
to the use this information to create a profile of interests,
preferences and browsing patterns and to allow You to participate in the
Service. You also agree to read, review, comply with, uphold and
maintain and the terms and conditions thereof. If you are located
outside of the United States, please note that the information that you
provide is being sent to the United States. By becoming a Member of the
Service, you consent to your data being sent to the United States and to
such other third parties and jurisdictions as may be involved in the
provision and operation of the Service.
Use of Services; Assumption of Risk. The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. In addition certain content and materials available on or through the Services are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
In order to protect the integrity of the Service, we reserve the right at any time, in our reasonable discretion, to block users from certain IP addresses from accessing our Platform where required by law or to avoid a breach of these Terms.
DISCLAIMERS: WE PROVIDE
THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND,
EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR
REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR
USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR
ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY
DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND
NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
each member must agree to Our terms and conditions, We cannot guarantee
that each member is at least the required minimum age, nor do we accept
responsibility or liability for any content, communication or other use
or access of the Service by persons under the age of 18 in violation of
this Agreement. Also, it is possible that other members or users
(including unauthorized users, or "hackers") may post or transmit
offensive or obscene materials through the Service and that You may be
involuntarily exposed to such offensive or obscene materials. It also is
possible for others to obtain personal information about You due to
Your use of the Service. Those others may use your information for
purposes other than what You intended. We are not responsible for the
use of any personal information that You disclose on the Service. Please
carefully select the type of information that You post on the Service
or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM
OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS
(INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR
DURING THE USE OF THE SERVICE OR OTHERWISE.
LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON
FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS
OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO
NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO
THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO
PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF
THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING
OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER
MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY USE THE REPORT ABUSE PAGE PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.
In the event that you have a dispute with one or more other users or members, you hereby release us, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The following paragraph applies to residents of the following states only: California, Illinois, and Ohio. With respect to dating or social referral services (“Dating Services”), if by reason of death or Disability (as defined below) you are unable to receive all Dating Services for which you have contracted, you or your estate may elect to be relieved of the obligation to make payments for Dating Services other than those received before death or the onset of Disability, except as provided in following sentence. If you have prepaid any amount for the Dating Services, so much of the amount prepaid that is allocable to Dating Services that you have not received will be promptly refunded to you or your representative. “Disability” means a condition which precludes you from physically using the Dating Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification of the physician must be presented to us. This subsection shall supersede any other contrary term or provision herein.
The following paragraph applies to residents of the following states only: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin. With respect to Dating Services, you, the buyer, may cancel these Terms, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this contract, excluding Sundays and holidays..
In order to provide continuous service, we automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Such renewals shall be for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic renewals.
Class Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Force Majeure. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.
Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above. You acknowledge that if you request a refund or credit from us, our decision to provide this refund or credit shall not act as a release. We are not waiving our rights to seek redress or recovery for the refund or credit issued along with any other rights of recovery or damages available to us regarding your use of the Website and your request for a credit or refund.
The site is offered in English only. We reserve the right to remove any content, whether it be profiles or communications between members, or any other form of content or communication, that is in any other language other than English.
1. WHAT ARE COOKIES
Visiting the Xintimate.com does not automatically register automatically any personal data that identifies you. However,there is certain information of a personal nature and does not identify a specific User which is collected and stored on Xintimate.com’s servers solely to facilitate navigation of the user and improve the management of the Website.
This information is commonly through files called “cookies” which allow to
record data such as the type of Internet browser of the user, operating system,
IP address from which you access the Web Site or your preferences regarding
collection at the disposal of the contents on the website.
For more information about cookies visit www.allaboutcookies.org
2. PURPOSE OF COOKIES
Cookies are used to capture information about the
User’s browsing for, by analyzing it.
3. KIND OF COOKIES
The cookies we use are:
5. DISABLE COOKIES
on your computer through your browser settings but this will result in a less
satisfactory browsing experience that can even be defective.
You can set your browser to refuse to accept
cookies or set your browser so that these cookies are automatically deleted
once the browser, computer or device is closed.
third parties to set cookies and access them on your computer. The use of third
party cookies is subject to their own privacy policies, not ours.