As used in this Agreement, the following terms have the respective meanings set forth below:
1.1. “Company” is the exclusive owner and operator of www.mosteligible.me (the “Website”, the “Site”, the “Company”, “we”, “us”).
1.2. “Service(s)” refers to your use of the Website for any purpose whatsoever including but not limited to: creating a profile, looking through other people’s profiles, and communicating. The Company may offer additional services or revise any of the Services at its discretion, and this Agreement will apply to all additional Services or revised Services. The Company also reserves the right to cease offering any of the Services.
1.4. “User Content” stands for the material that you publish on the Site or send to other members except for personal contact information (such as telephone number, email address, password).
1.5. “Dating Pro Network” (the “Network”) stands for the users’ database and messages exchange system.
1.6. “Partner” means a member of the Most Eligible, LLC who is registered in the Most Eligible, LLC and who is taking part in the Most Eligible, LLC through the Partner Pages.
1.7. “Partner Page” stands for the Partner’s web pages or websites being part of the Most Eligible, LLC, working on its own or in conjunction with PILOT GROUP RUS Ltd and utilizing the database with information about users.
2. ACCEPTANCE OF TERMS
2.1. This Agreement was last updated on January 26, 2021.
2.3. We reserve the right to modify this Agreement at any time. The modified Agreement will become effective and will apply to your subscription upon our posting it on the Website. Your continued use of our Service after a modification has been posted shall be deemed to constitute acceptance by you of any such modification.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. Monitoring of information. We may use third-party advertising companies to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
3.2. No responsibility. You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
4. RIGHTS AND OBLIGATIONS OF USERS
4.2. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your username and password.
4.3. Code of conduct. You agree to use the Service in accordance with the following Code of Conduct:
You shall keep all information provided to you through the Service as private and confidential and shall not give such information to anyone without the permission of the person who provided it to you.
You shall not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You shall not forward chain letters through the Service.
You shall not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You shall not post messages, pictures or recordings or use the Service in any way that:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise unlawful or violates any law.
You shall not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
You shall not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, the Company, its systems, or any other members’ systems in any way.
Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
No Duty to Review User Content. Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices and procedures.
License of User Content to the Company. The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name, voice, or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
4.4. Security. You agree to immediately notify the Company of any unauthorized use of your username or password or any unauthorized access to your account. For your own security, it is advisable to log out when you finish each use of the Services, especially if you are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning your username and password.
4.5. Interaction with the Most Eligible, LLC. By signing up on the Website you agree that the following information about you including but not limited to: photographs, first name, last name, nickname, age, birthdate and other information will be downloaded in the Most Eligible, LLC. Your login information such as email address and password will be encrypted by the method of irreversible encryption and only used by the Network to confirm your identity.
By registering with the Website you grant PILOT GROUP the right to use your User Content as necessary in connection with the provision of the Services including:
- making your profile visible to the users on the Partner Pages (which will substantially increase the reach of your profile and the chances of finding a successful match);
- publishing your profile except for personal contact information (such as telephone number and email address) on Partner Pages as part of their promotion of the Site;
- making your profile visible to other Users within dating service specific emails (e.g. new local users notification, and so on).
You agree to receive messages from the end users of the Most Eligible, LLC for the purpose of acquaintance and interpersonal messaging.
User Conduct. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL THE COMPANY 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 SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
4.6. Account deletion. If you decide to be removed from the Website, you may delete your account and all information contained in the account including your ID and URL to the profile page. In that case, your photographs, first name, last name, nickname, age and birthdate, and any other information including personal contact information will be deleted from the Website and the Most Eligible, LLC and effectively blocked on the Partner Pages.
4.7. External links. The Service may contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents.
You understand that by using any of the External Links, you may encounter content that may be deemed offensive, indecent, or objectionable, content which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
You agree to use the External Links at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. It shall be your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
By using External Links, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any External Links or for any other materials, products, or services of third parties.
You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that the Company shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
4.8. Disclosure by law. You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Company’s, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
5. PAID MEMBERSHIPS AND PAID FEATURES
5.1. You shall pay the admission fee in the amount of $0 USD to the Company for registration on www.mosteligible.me.
5.2. You shall pay monthly association fees in the amount of $10.00 or $20.00 USD to the Company for monthly access to www.mosteligible.me.
5.3. Both the admission fee and monthly association fees are subject to change upon prior notice from the Company.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
6.1. If you believe that any material or content distributed by the Company constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information about you is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.1. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. You may terminate your account by following these steps: log in to your profile account on the Site, go to Settings and click the link ‘Delete profile permanently’. Alternatively you can send a cancellation request to: The Company, ADDRESS.
Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to be provided with this Agreement, notices, disclosures, information, policies, and other materials in electronic form (collectively “Electronic Records”), rather than in the paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account (you may change the email address associated with your account by going to the “settings” page). You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by us, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Company website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.
You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by us are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that we may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
The Site and the Service are operated by the Company, whose registered office is ADDRESS. Communications relating to the Site or Service should be sent to firstname.lastname@example.org.
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