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QBdate.com Terms of Service
Welcome to QBdate.com, the service for adults to meet each other online operated by QBdate (or "we" or "us").
This terms of service applies to the entire contents of this website under the domain www.QBdate.com (or "Website") and to any correspondence by e-mail between you and us. Please read these terms and conditions carefully before using this Website. Using this Website indicates that you accept these terms without modification regardless of whether
or not you choose to register with us as a member and constitutes you being a party to this Agreement. If you do not accept these terms, do not use this Website.
Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of the QBdate.com service (the “Service”).
Article 1. Membership
Article 2. Declaration and Assurance
Article 3 Right and Obligation
Article 4 Protection of Member’s Data and Personal Privacy
Article 5 Ownership and Intellectual property
Article 6 Force Majeure, Disclaimer and Limitation on Liability
Article 7 Rights of Modification and Explanation
Article 8 Termination of Term or Service
Article 9 Jurisdiction and Applicable Law
Article 10 Other term
Article 1. Membership
1.1 You must be eighteen or over to register as a member of QBdate.com or use the Website. The Website shall release from the legal obligations to those younger than 18 users or registrants. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
1.2 Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose
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Article 2. Declaration and Assurance
2.1 Declaration of QBdate.
2.1.1 There is potential risk to some extent to make friends with net strangers. Members shall hold basic precautions to the potential risks when making friends with other members or net strangers, for they may be underage or intend to deceive or commit a crime.
2.1.2 You will not express or imply that any statements you make are endorsed by QBdate.com without our specific prior written consent.
2.1.3 Before you use the services of QBdate, you must at first agree that the information you provided shall be open to other members. We won’t provide your personal information to anyone else unless
(a) You agree to share the personal information with the third part.
(b) The products or services you requested can only be provided under the condition of disclosing your personal information.
(c) We need to provide your personal information to the company which provides products or services on behalf of us (the company has no right to identify the information in your ID unless you are informed).
(d) We have to abide by the court summons, legal orders, compelling rules of government or legal procedure.
2.1.4 You must have the skills, hardware and software required to use the Internet, and acknowledge that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
QBdate does not guarantee that the Services will function if you activate a popup killer tool. In this case, the function should be deactivated before using the Service.
QBdate does not guarantee that the Services will be usable if your Internet Service provider is unable to provide its Service properly. In this context, QBdate cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the QBdate site resulting from incorrect hardware, problems experienced by your Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of QBdate.
Under these conditions, QBdate does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, QBdate shall inform you prior to maintenance work or updates.
Apple Mackintosh users must use Mozilla Fire fox –QBdate does not guarantee optimal functioning of the site when using SAFARI or OPERA browsers.
Please note that up-to-date Adobe Flash software is required for this website to function properly (download from: www.adobe.com). Depending on your network configuration (if protected behind a firewall or proxy), connection to QBdate Messenger may not be possible.
2.1.5 Illegal and/or unauthorized uses of QBdate, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
2.2 Declaration of Members
2.2.1 The information supplied by a Member of QBdate must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via QBdate personal information, data, text, content and images. Consequently, he/she waives all recourse against QBdate, notably on the basis of any possible damage to the Member’s right to his/her image, the Member’s honor and reputation, or the Member’s privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
2.2.2 While using QBdate, members guarantee that they will comply with the laws of China and their own countries, respect the rights of the third party and observe this agreement. Members must treat QBdate and else members equally and fairly, and respect the relative intellectual property of QBdate and else members. Otherwise, members can set the limit of the confidentiality of personal information. Even if members think that transmitting some personal information will not get any damage, they shall take the responsibility for the results of communication of personal information.
2.2.3 Not to use QBdate for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes.
2.2.4 By posting Content to any public area of QBdate.com, you automatically grant, and you represent and warrant that you have the right to grant, to QBdate.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content 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.
2.2.5 In the scope of this requirement for quality, individual responsibility and ethics, QBdate allows Members to notify QBdate, on the QBdate website, of the data (photograph, text, video), behavior, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the QBdate Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviors and words on the Service, may be notified by other Members, modified and/or monitored by QBdate, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article 8 "Termination", may be applied.
2.2.6 In the event that you have any claim or action against any other member arising from that member’s use of QBdate, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
2.2.7 In the event that a claim or action is brought against us from your activities or use of QBdate, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay (including without limitation, litigation fee and a retaining fee), hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
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Article 3 Right and Obligation
3.1 Rights and Obligations of QBdate
3.1.1 Scope of Service and Fee
QBdate is a making friends site accessible to QBdate Members via Internet. The Service enables you to contact other members. But QBdate is not a marriage brokering service and is not obligated to successfully broker any other members for you. Meanwhile, QBdate shall have the rights of alteration, interruption and termination of part or whole services without notice.
All of the QBdate services can be accessed free of charge.
3.1.2 Obligations of QBdate
QBdate will remotely and by electronic means supply an online dating Service via Internet. QBdate’s purpose is not to advise on or broker either marriage or long-term relationships. QBdate’s activity does not include organizing offline meetings, supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, QBdate has no legal obligation to identify Members when they connect to the QBdate Internet site or to monitor content published by Members. Because QBdate is technically incapable of providing such Services, QBdate does not undertake contractually to identify Members or to modify in respect of content, which they publish under their own responsibility.
QBdate cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. QBdate assumes no responsibility for meetings between Members of QBdate, on QBdate or during meetings between Members and/or non-Members as a consequence of the use of the QBdate site and Services.In this respect, QBdate reminds its Members that they are prohibited from using QBdate Services to disclose information that allows them to be identified, such as last names, mailing/email addresses, or telephone numbers, to other QBdate members.
3.1.3 Rights of QBdate
⑴We will pause or cancel the qualification of his/her membership who disobeys this agreement and the institution of QBdate. Once we doubt or discover member who uses QBdate deceiving or committing a crime, we will pause or cancel the qualification of him/her, and not take any responsibility for he/she who was canceled or paused the membership.
⑵Once discover member’s file has the contents which are prohibited from posting and publishing according to Article 3.2.4, QBdate will pause to release this member’s file until he/she modifies and deletes the contents related. QBdate shall have the right without any limitation to delete portion or whole content under the condition as follows:
(a) The government or the other authority institution demands and orders QBdate to delete;
(b) No time or reason whatsoever, once QBdate affirms that members have disobeyed this agreement, QBdate shall have the rights to delete the whole/part content of the members’ file, and shall be not responsible for he/she who was canceled or paused the membership.
⑶QBdate shall not be any responsible for the information and content, which is published and released by members via Internet.
⑷Members agree that QBdate shall have the rights to update the content of this agreement, and will comply with the provision of agreement renewed.
⑸QBdate shall not responsible for members’ behavior, which is especially disobeying this agreement, illegal and immoral. Moreover, QBdate shall not guarantee that members would not behave aforesaid.
⑹QBdate is unable and impossible to participate in communication or other activity between members. QBdate will take no responsibility for the claim or litigation caused by the conflict between members, no matter the reason of conflict is known or unknown and published or unpublished.
3.2 Rights and Obligations of Members
3.2.1 Upon registration, and accepting these terms of Services, the Member can take advantage of access to Services available on QBdate after acquiring the necessary Pass. But some Services on QBdate shall be paid for.
3.2.2 QBdate only offers correlative service of network, so users shall burden the fee (including without limitation telephone fee and web fee) in order to access to relative service from QBdate.
3.2.3 Members have the obligation to the truth of the information, which is afforded by them. QBdate only afford a making friends stage. If QBdate considers the information afforded by members may result in any loss or obligation, we will take some measures to protect us. For example, QBdate shall modify or delete member’s information unilaterally if QBdate thinks that the member’s information takes blight, such as QBdate wholly or partly lose the qualification to read and save from ISP or other web providers.
3.2.4 Content Posted on QBdate and Prohibited Content
①The information that you supply to QBdate.com and post on the Website must be accurate and conform to reality.
②You shall not include in your member file any telephone numbers, street addresses, last names, email addresses, the number of ICQ or other contacting communication, and any your activities on QBdate are unmentionable.
③You shall not post, spread or transmit inaccurate or illusive information and content, or comment, spread or diffuse any content which infringe the rights of other people, or involves in slander, vilification, obscenity, aggression, the violence either the instigation violence as well as related the political, racism or xenophobe principle through QBdate by any methods.
④You shall not comment, spread or transmit the information that betrays the tenet of QBdate, the active laws or rules, and the criterion accepted. Especially the photos, video or other datum provided by members must be legal and proper, and permitted by the third party if the data refers his/her personal information, otherwise the member involved must take all responsibility.
⑤Members shall not provide other member’s personal information, such as e-mail, address or phone numbers, by which other users can contact this member but not by QBdate.
⑥Members shall not post, spread or transmit the information or content, which probably weaken, destroy or disturb the Service in use, or interrupt and/or slow down the communication between members through the Service. The information described above includes software, worms, virus, software bomb or batch-emails. QBdate have the right of deleting the batch-emails to ensure the using quality of Service for members.
⑦Members shall not post, spread or transmit the information or content which include the illegal characters, the infringement of jus publice stabilitum and/or the third internet link falling short of the principia of QBdate. The password and/or ID of members are the only certificate to access to the service from QBdate. Therefore, members shall not (including without limitation) communicate, spread, share or use his/her password and/or ID with any the third party.
⑧You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the China or any other country in the world.
3.2.5 Don’t engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Also you may not transmit any chain letters or junk email to other members.
3.2.6 Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, transform, sell, reverse engineer, decipher, decode or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
3.2.7 You are solely responsible for your interactions with other QBdate Members. QBdate reserves the right, but has no obligation, to monitor disputes between you and other members.
3.2.8 QBdate may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. If you engage in the activities above, QBdate will has the rights of prosecution.
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Article 4 Protection of Member’s Data and Personal Privacy
4.1 Account Security
4.1.1 We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. In addition, we use SSL encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications would always remain secure.
QBdate shall not save related sensitive information such as the password of credit card to the web server. All of trading datum will be encrypted to be sent to banks by website.
4.1.2 You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Service, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify QBdate of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. QBdate will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window’s Live ID to your QBdate account.
4.2 Privacy
4.2.1 QBdate pay attention to protecting members’ personal information. The personal information includes member’s name, address, phone numbers, e-mail and any datum relating to member’s behavior on QBdate.
We respect and protect your personal information so that we shall not sell or deal your personal information without your permission. We guarantee that we shall not publish or provide the third party with your registration information or other information closed-door preserved in Website except under the following circs:
⑴the definite authorization of users;
⑵the requirements of laws or rules, the court or the relative government department;
⑶the maintenance of legal rights and interests of QBdate;
⑷the maintenance of legal rights and interests of QBdate’s users and social public;
⑸else necessary circs for QBdate.
4.2.2 All of personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a profile of interests, preferences, occupation, etc. Please note that the information you provide is being sent to all over the world. By becoming a member of the Website, you consent to (i) the transfer of your personal information to all over the world; (ii) use in that country or area; and (iii) transfer of your personal information to third parties as may be involved in the provision and operation of the services, in accordance with our privacy policy.
4.2.3 safeguard
●For avoiding your personal or relative information are used or stolen, please remember to close all windows and login off.
●Our website cannot monitor the other website effectively, who links to us, so please refer to their service clauses before you browse them.
●Please preserve your password and personal information carefully. If your ID is used unlawfully, please contact us immediately. For keep the safety of your password, we suggest you to change your password frequently.
●We forbid our members to publish their contact datum in their file. We will not take any responsibility of the contact datum published in members’ file. Please be caution that your personal information may be used or collected by other people, in case you publish them.
●Please remember that the e-friend you will meet may be different from the guy you chat online. Please meet your e-friend in daytime and choose the crowded place. Please also inform your family or friend about date details, including your e-friend’s name, telephone No., where you will go and when you will come back.
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Article 5 Ownership and Intellectual property
5.1 The Member grants QBdate a license to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Website.
This license in particular incorporates the right for QBdate to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-license or assign the content concerning the Member (information, images, videos, descriptions, search criteria, etc.) on all or part of the QBdate Services (including without limitation on the QBdate site, by email, by AudioNet) and/or in mailings sent by QBdate and, in a general manner, on all distribution media, in particular electronic (email, text message, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorizes QBdate to modify this content in order to conform to the look and feel of the QBdate Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats.
5.2 QBdate owns and retains all proprietary rights in the Website and the Service. The trademarks (including without limitation QBdate), logos, graphics, photographs, animations, videos and texts featuring on the QBdate site and in the QBdate Service are the intellectual property of QBdate or its partners and may not be copied, edited, released, pasted, transmitted, reproduced, sold or re-sold any such intellectual property or proprietary information without the express written permission of QBdate or its partners, under threat of legal action.
5.3 The rights of use accorded by QBdate to the Member are strictly limited to accessing, downloading, printing and reproduction on some media (hard disk, floppy disk, CD-ROM, etc.) and to use of these memory documents for private and personal purposes in the scope of uncommercial purposes and for the duration of the Member’s membership with QBdate. Any other use by the Member is prohibited without the authorization of QBdate.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the QBdate site pages or software codes for elements comprising the QBdate Services and site.
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Article 6 Force Majeure, Disclaimer and Limitation on Liability
6.1 Force Majeure
While we endeavor to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.2 Disclaimers
6.2.1 QBdate kindly informs users in advance that the risks and relative results will exist if they become a member of QBdate or receive our service. Therefore, users shall take the responsibility of risks and relative results upon receiving our service, and agree that QBdate will not take any responsibility for them.
6.2.2 QBdate shall not guarantee that the services could meet the needs of users, be uninterrupted and secure, accurate and in time.
6.2.3 We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Website and the Service.
6.2.4 QBdate shall in no circumstances be liable for direct or indirect damage to the Member where the Member’s behavior contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, QBdate shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Service by the Member.
6.3 Limitation on Liability
We will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, report, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation, negligence or clanger), contract or otherwise) from in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website.
Subject to the foregoing, QBdate’s 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 QBdate.com for the Service during the term of membership.
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Article 7 Rights of Modification and Explanation
We may amend or explain our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate this contract upon giving us notice. Any of modifications or amendments or explanation shall take effect one month after their posting on the Website. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
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Article 8 Termination of Term or Service
8.1 This Agreement will remain in full force and effect while you are a member of QBdate. You may at any time and without the need to provide any reason end his/her registration with QBdate. Such request shall be deemed effective from the first working day after receipt by us of your written or email notice of termination. Such a request does not trigger reimbursement.
8.2 We may immediately terminate your membership and your access to the Website at any time because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership of QBdate because you have breached the Agreement, we will not refund any prepayments and we might claim from you or your beneficiaries, in compensation of the harm suffered as a result of such breaches.
8.3 We can terminate this Agreement at any time by giving you reasonable advance written notice.
8.4 In the case of violation of one or more of the terms of this Agreement by you (in particular Clauses 3.2.4), we may block your account(s), delete prohibited content, prevent publication of all or part of your profile. We may also block your access to all or part of QBdate, either permanently or temporarily.
8.5 QBdate may deactivate the accounts of members who have not used the Service for a period of one year or more (as calculated by the date of last connection to the Service).
8.6 You will be informed by email of the termination, or the confirmation of the termination, of your account. Data relating to you will be destroyed at your request or upon expiration of the legal time period following the termination of your account.
8.7 QBdate shall have the right to interrupt one kind of service or more in accordance with our site when necessary and shall not take the responsibility of the interruption to any users or third party. If you are not satisfied with the provisions changed or our services, you can have the rights to:
⑴ stop receiving our services;
⑵ make a notice to QBdate that you won’t receive our services any more. The rights you have will be terminated once that QBdate accepts the notice. From then on, you have no right to receive services of QBdate, and QBdate have no obligation to service you including sending some unsettled information or others undone.
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Article 9 Jurisdiction and Applicable Law
9.1 These Terms of Service shall be governed, construed and applied in accordance with Chinese law, and in the event of dispute as to the meaning of a term or provision of these Terms of Service the language of interpretation shall be Chinese.
9.2 If there is any dispute about or involving the Website and/or the Service, by using the Website, we will solve the dispute by friendly negotiation firstly. If negotiation fails, the parties to this Agreement hereby will submit to the exclusive jurisdiction of the local courts of QBdate.
9.3 It is not means that QBdate gives up its right to sue or take other legal actions that we have no reaction to your breach to this agreement if there exists.
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Article 10 Other term
10.1 This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and QBdate regarding the use of the Website and/or the Service. If any provision of this Agreement is nullity, the remainder of this Agreement shall continue in full force and effect.
10.2 Please contact us directly with any questions or suggestions regarding this agreement or the Website.
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I HAVE READ AND UNDERSTAND ADEQUATELY THIS AGREEMENT, AND AGREE TO ACCEPT ALL OF THE PROVISIONS CONTAINED ABOVE
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