Terms & Conditions
Last Update: 27/05/2024
This Agreement constitutes a set of Terms and Conditions (hereinafter referred to as “Terms” or “Agreement”) that apply in whole to the content of this website (hereinafter the “Website” or “website”) and the “luludate.com” service provided by “luludate.com” (hereinafter the “Service”, “luludate.com”) to You (the “User”, “You” or “Member”).
These Terms form a legal electronic agreement between Billmars Soft OU with its principal place of business at: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-636, 10117 (the “Company”, “We”, “Our” etc.) and You (the “User”, “You” or “Member”) for the use of this Website and/or Service, hereinafter separately referred to as the “Party” and collectively referred to as the “Parties”.
General
- By using this Website and/or the Service You agree to the terms set out in the Agreement and our Privacy Policy. If You do not agree with the Terms and/or Privacy Policy please do not use the Website and/or the Service.
- Company reserves the right at any time and for any reason or no reason to make changes to this Agreement with or without prior notice to User. You can always find the latest version of the Terms on the Website with an appropriate date stamp indicating the last time changes were made. The updated version of the Terms comes into force immediately upon its availability on our Website and for all Members. It is Your responsibility to regularly check these Terms for any updates or changes. If You continue using the Service and/or our Website it means that You accept all the changes of the Updated Terms.
- In case any provision(s) of these Terms become invalid or inapplicable due to the effect of law, regulation and/or court decision other provisions remain effective and in force, unless the Terms become distorted by significantly disbalancing the rights and obligations of the Parties.
Creating an account
- In order to use the Service it is required that You create an “luludate.com” Account. You can do this by registering as a new user by providing the required information (which includes, but is not limited to: name, date of birth, email address, etc.) in the appropriate fields of the registration form. By creating an Account You become a Member of luludate.com Service. Please read Our Privacy Policy for more information on what data we collect and how we use it.
Member`s conduct
- The Service operates to provide the opportunity to its Members to find the prospective “perfect match”. luludate.com does not influence the relationships between Members of the Service, and is not liable for their outcome.
- You agree that You will create only one unique profile for use of the Service. You will not put any street addresses, telephone numbers, email addresses, URLs, multimedia, artworks downloaded from external sources, or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services. Moreover, You will not put your last name in your dating profile. You understand and agree that anyone may be able to view any information You choose to make publically available.
- You assume that You are responsible for maintaining the confidentiality of the username and password of your account, and You are fully responsible for all activities that occur under your username and password, including the purchase of any service. You acknowledge that Company is not responsible for any loss or damage arising from the theft or misappropriation of your username or password.
- You assume all responsibility when using the Service, including but not limited to all risks associated with any online or offline interactions with other Members, including dating.
- We do our best to protect your personal data. However, we can’t guarantee 100% data safety. Please, make sure You take all necessary precautions while searching a perfect match via the Website by reviewing our Online Dating Safety Tips.
- luludate.com is not responsible for the conduct of its Users. You agree not to do any of the following in connection with the Services or the Users thereof:
- use the Service violating the laws or the rights of others;
- use the Services in any manner that could damage, disrupt, overburden, disable, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user`s use of the Services;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
- solicit involvement in or support of a religion, cult, or sect, political platforms;
- divulgate another person`s personal information without his or her permission, or collect or solicit another person`s personal information for commercial or unlawful purposes;
- engage in gambling or any similar activity or any illegal or unlawful activity;
- defraud, swindle or deceive other users of the Services;
- use any scripts, bots or other automated technology to scrape or access the Services;
- collect or solicit personal information about anyone under 18;
- use the Service for any fishing, trolling or similar activities;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- attempt to access any Services or area of the Sites that You are not authorized to access.
Eligibility
- By creating an Account You confirm that You are at least 18 years old and that all information provided by You at any stage of using the Service is true and up-to-date.
- By creating an Account You represent and warrant that You are eligible to form a binding Agreement between yourself and the Company, You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that You do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If You create an account, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender with any state, federal or local sex offender registry.
Purchases within the service
- You can choose the following tariffs:
- 20 credits=10$
- 160 credits=56$
- 500 credits=135$
- 1000 credits=199$
- These Purchases include but are not limited to Packs of Credits Price of services:
- Payments are processed electronically by our Partner(s) - specialized Payment Processor(s). Before initiating the transaction for purchase please make sure that You have read and agree to the Terms & Conditions and the Privacy Policy available on the “checkout” page of the respective Payment Processor.
- Once You complete the purchase and unless You have chosen the other option on the checkout page or unless the Item You have chosen carry other conditions, You agree to be charged upon regular intervals and for the sum (price) that was indicated next to the chosen Item(s) (whether it is a Subscription or a Credit or a Pack of Credits) on the checkout page.
- You can choose the following tariffs:
Non-commercial use
- The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Company’s express consent (such as for promoted profiles or other advertisements), which Company may provide or deny in its sole discretion. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.
Copyrights, trademarks and other proprietary rights
- The Company and its Partners and Licensors own and retain all Intellectual, Industrial and/or other Proprietary rights in relation to the Service and/or any of its parts or components.
- You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- The User shall grant the Company and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos etc.) that he or she may provide through the use of the Service for the non-exclusive purpose of communicating with other Members. Company shall use this license in a manner which complies with image rights and which protects the User`s personal data, without misrepresenting the true nature of the Member`s profile and therefore in keeping with this profile. This license permits Company to ensure that these components are compatible with its technical performance or the required media formats. Rights are granted on an international basis and throughout the performance of these Terms between the User and luludate.com.
- The User shall retain ownership of any content and personal data that he or she provides.
- The User shall hold Company harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party`s intellectual property rights. The User shall hold Company harmless against any resulting claims or damages.
Content posted by you in the service
- You hereby confirm that You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (collectively referred to as “post”) on the Service or transmit to other Members/ Users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other Member/User, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information you provide when creating your account is accurate and truthful, and that you will promptly update any information you provide that subsequently becomes inaccurate, incomplete or misleading. or false and (ii) You have the right to post Content on the Service and grant the licenses set forth below.
- You understand and agree that you are required to post content in accordance with the rules of use of the site, which we may monitor. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
- By posting Content as part of the Service, You grant to Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones.
Term and termination
- This Agreement will remain in full force and effect until You use the Website and the Service(s) of the Company and have the active luludate.com Account.
- Company reserves the right at any time to annul (suspend) Your Account in case the Company believes that You have breached any of the provisions of this Agreement.
Disclaimer of warranties
- You EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS COMPANY) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN OPERATION OF THE SERVICE WILL BE CORRECTED. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL WORK CORRECTLY IF You WILL ABANDON FROM AUTOMATIC UPDATES OF THE SERVICE (IF ANY). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, COMPANY’S AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SERVICE. SHOULD THE SERVICE PROVE DEFECTIVE, You (AND NOT COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS LICENSE MAY NOT APPLY TO YOU. COMPANY PROVIDES NO WARRANTY THAT ANY COMPUTER HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE USE OF THE SERVICE OR ANY DATA You DOWNLOAD USING THE SERVICE. You ASSUME THE ENTIRE RISK OF USING THE SERVICE. COMPANY STRONGLY RECOMMENDS You TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE USING THE SERVICE.
Limitation if liability
- Except in jurisdictions where such provisions are restricted, You ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE.
- From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
Identification
- You agree to defend, indemnify and hold luludate.com, its subsidiaries and affiliates, and its staff members, agents, contractors, partners harmless from any loss, debts, damages, liability, costs, claim, expenses or demand, including reasonable attorney’s fees, due to the services’ use, including any data or content transmitted or received by You or your inability to use the Services; from any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account; from your conduct in connection with the Services or our users, from your breach of this Agreement and its terms; from your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; from any other party’s access and use of the Services with your username, password or other appropriate security code or from your violation of any applicable laws.
JURISDICTION AND APPLICABLE LAW
These terms of use and the documents referred to in them are governed by and construed in accordance with the laws of Estonia. Any disputes relating to these terms of use, the documents referred to herein, the site or the Services are subject to the exclusive jurisdiction of the Estonian courts.
“In accordance with the Federal Labeling and Recordkeeping Act (also known as 18 USC 2257), all models within our scope of business were 18 years of age or older at the time of photographing.
Force majeure
- Company shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Company’s control, including, without limitation, power failures, Internet failures, dislocating servers, DDoS attacks, Hack attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Miscellaneous
- Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire Agreement between You and the Company relating to the use of the Service and supersedes all prior oral or written communications and representation with respect to the Service or any other subject matter covered by this Agreement.
Governing law is Estonia
- The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with Governing law of Estonia. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement.
- In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by Arbitration Court of Estonia
COMPLAINT POLICY
Complaints Policy
- - If illegal or non-consensual content is found, it must be removed within 24 hours.
- - General complaints must be resolved within 7 days
- *while the investigation is ongoing, content will not be available
Monitoring policy
Monitoring policy
- You understand and agree that you are responsible for posting content in accordance with the site's terms of use, which we may control
- For non-compliance with the rules for using the site, after receiving complaints from users, we can remove violations and block inappropriate accounts.
Responsibility Statement
The site is responsible for the published content, and therefore requires users to comply with the site rules. And at its own discretion it can delete or block published content, as well as limit user actions.
Contact us
- In case any questions or suggestions arise do not hesitate to contact Us by [email protected] for general issues, or [email protected] for for payment process ones.