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Terms and Conditions of Use for Sundayworlddating.com

Welcome to Sundayworlddating.com where you can meet other adults online. Please read this document carefully as it is important that you understand the terms and conditions of use of the service before you register on the site.

The terms and conditions contained in this document (the "Terms") set out the terms on which Sundayworlddating.com ("we" or "us") is willing to provide a range of on-line services via our website, "Sundayworlddating.com" (the "website") aimed at establishing contact between individuals (the "Services").

Sundayworlddating.com is a dating website which is part of a community of dating websites (TheCommunity), operated by iTouch on behalf of a variety of Media Partners including but not limited to Independent Newspapers, Independent.ie and Unison.ie. For example another dating website in the community is TheMeetingPoint.ie. From time to time there will be other brands added to the community. When you register with one of the Dating websites in the community you are in effect registered to all dating websites in our community, whereby your active profile will appear on all the community dating websites.

1. Acceptance of Terms

By completing the registration process and clicking on the 'Next' button in the registration process you agree to be bound by these Terms and Conditions.

2. Modifications to these Terms

We reserve the right to modify these Terms from time to time at our sole discretion and it is your responsibility to regularly check the website for amendments. Your use of the website constitutes your acceptance of the Terms including any amended terms and conditions updated on the website from time to time.

3. Eligibility

To be eligible to register as a member and use the website, you must meet the following conditions:

  1. You are an individual who is at least 18 years old.

  2. You have not been convicted of or currently facing prosecution for any sexual offence or

    other offence relating to violence, harassment or both.

4. Services

Sundayworlddating.com is a website where adults can meet other adults for friendship, romance and dating.

We shall be under no obligation to provide any services to you until you have registered your details and we have issued our written confirmation to you by email that we have accepted your registration.

We shall be entitled in our absolute discretion to delegate the performance of the website to any third party.

We reserve the right in our absolute discretion at any time to:

  1. close access to any features of the Services if your use of that feature is deemed excessive and against the interests of other members of the Services;

  2. modify or discontinue, temporarily or permanently the Services with or without notice to you;

  3. suspend or deny access to the Services at any time without notice if we believe or receive a complaint or are made aware of a complaint related to your communication on the website.
5. Membership

To become a member of Sundayworlddating.com you must fully register with the website. Gold members will have unlimited access to the website unless specifically stated otherwise to the contrary. Silver members will have access to the free services on the website. Full details of services provided and the associated membership/costs are provided under the "Membership" button on the website.

Gold Membership

Gold members can send and receive messages and can include contact information (phone numbers, emails addresses, arrangements to meet etc) in messages sent to other Gold members only. Gold members must NOT include contact details in messages sent to Silver members. Gold members must NOT request contact details from Silver members. Any breach of this will result in immediate termination without notice.

6. Payment

Payment for Gold membership must be paid by either credit card, debit card, cheque/postal order/bank draft. Gold membership will be billed monthly, quarterly; six monthly or yearly as indicated by you, on a recurring basis until you cancel your membership. If you decide to suspend your membership you will continue to be billed.

We may charge additional payment for other services provided on the website. These services and their associated costs will be clearly outlined on the website.

We reserve the right solely at our discretion to offer at any time promotional rates to new and/or existing members of the website or partner websites.

7. Cancellation/Termination

If you wish to cancel your Gold membership you must do so in writing by using the "Contact Us" button on the website. We do not provide a refund for any unused amounts of membership fees paid.

If your membership is cancelled without reason, although we are not obliged to enter into correspondence as to why it was cancelled, you may receive written confirmation and in any event we will refund you any part of the fees you have paid which relate to any period after such termination, (less administration charges for processing the refund). No refund will be provided in the case of your breach of these Terms.

8. Privacy

Subject to your full compliance with these Terms, we will keep confidential all personal information supplied by you to us including your name, address, email address or telephone number and shall use or disclose such information only for the purposes for which such information was collected or as required by law.

We may use your contact information provided by you on the registration form to send you notification of messages and information about new services. We shall use our reasonable endeavours to keep confidential any emails privately posted by you to other members and to maintain your privacy and anonymity while using the services. You acknowledge and confirm by your registration that we cannot ensure security or privacy of any information you provide through the Internet and that you do not rely upon any warranty expressed or implied to the contrary (which is hereby denied). Please see our Privacy Statement for more detailed information concerning confidentiality.

9. Data Protection

In respect to the information, we will comply with the provisions of all applicable data protection and privacy acts and have established procedures to ensure continued compliance therewith. Please refer to the Privacy Statement posted on the website for further details.

10. Conduct and Content

As a member of the website you agree:

  • to provide true and accurate information about yourself in the registration process
  • that you are solely responsible for the content that you publish on the website and the content that you transmit to other members of the website
  • not to include any personal contact information in your Site Profile including but not limited to telephone numbers, email addresses, office or residential addresses, web site addresses, Instant Message addresses, surname.
  • to at all times abide by all applicable local, state, national and international laws and regulations in your use of the Service and you agree not to attempt to gain unauthorised access to other computer systems or networks connected to the website or otherwise abuse the website
  • not to post or use the website to distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, invasive of privacy, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offence or otherwise violate any applicable law or regulation;
  • not to post material that contains advertising or any form of commercial solicitation and not to use the website for the transmission of "junk mail", "spam", "chain letters" or unsolicited mass distribution of email;
  • not to impersonate any other person or entity
  • to abide by the Photo Approval Policy which states that any photo provided must be of you only and must clearly display your face. All photos will be checked by us before being posted to the website. Photos will not be approved if; they contain any contact information, are of poor quality, copyrighted photos, celebrity photos, photos of actors, models or cartoon characters, obscene or offensive photos. If you decide to post a photo, you agree that you may be featured on the website not just on your profile page. We reserve the right to adjust your image by cropping.
  • to abide by the Voice File Approval Policy which states that any voice file provided must be of your voice only and must be clear. All voice files will be checked by us before being posted to the website. Voice files will not be approved if; they contain any contact information, are of poor quality, copyrighted voices, celebrity voices, voices of actors, models or cartoon characters, obscene or offensive content.
  • to abide by the Video Approval Policy which states that any video provided must be of you only and must clearly display your face. All videos will be checked by us before being posted to the website. Videos will not be approved if; they contain any contact information, are of poor quality, copyrighted videos, celebrity videos, videos of actors, models or cartoon characters, obscene or offensive videos.
  • not to transmit any material that infringes or violates the rights of another including but not limited to the intellectual property rights of a third party; and

We reserve the right to delete or remove any content provided by a member and to terminate your account withour prior notice if we become aware that you are violating any of the conditions contained herein or suspected of the same.

11. User Material

Other than personally identifiable information, which is covered under the Privacy Statement, any material that you transmit or post to this website or through the services will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

We reserve the right to refuse any profile or photograph that we feel is inappropriate for this website or make changes to the profile or message. We also reserve the right to add or remove certain services on the website at anytime without prior notice.

12. Security

When completing the registration process, you select a username and password ("Login"), which is specific to you and is for your sole personal use. It is your responsibility to ensure that the secrecy of your Login is preserved at all times. You are solely responsible for any and all activities that are conducted by you or any person using your Login through the website.

You shall not authorise others to use your Login details and you may not assign or otherwise transfer your details to any other person or entity.

If you suspect or are aware of any unauthorised use of your Login, you must change your password and notify us immediately by using the "contact us" button on the website.

13. Service Uptime

The website is normally available 24hours/365 days per year. We will not be liable if the website is not available for a particular period of time.

14. Member Meetings

Any meetings arranged or conducted between members of the website are the total responsibility of the member.

15. Hypertext Links

This website may be linked to or from other websites that are not maintained by us. We are not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by us of the websites and we disclaim any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these websites. We disclaim any liability for links: (i) from another website to this website; and (ii) to another website from this website.

16. Disclaimer

You agree that we are not responsible for the content of messages distributed or material posted through the website and we assume no responsibility for and make no warranty (implied or otherwise) or representation including but not limited to the accuracy, currency, completeness, reliability or usefulness of information or material distributed by any member through the website.

Whilst we ask all members to give us the warranties set out in these Terms we are unable to verify that such warranties are true and therefore we accept no responsibility or liability to you for any content, communication or other use or access of our website by other parties. Any decision you may make to communicate with or meet with such other members is entirely at your own risk and we recommend that you follow the 'Dating Safety Tips' guidelines posted on the website.

The website is provided "as is" and "as available" and save as provided by law we make no warranty that the website will meet your requirements nor that it will be uninterrupted, secure, or error free or that the results obtained from use of the website will be accurate or reliable.

17. Indemnity

You agree to indemnify us and our officers, directors and employees in full immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any access, use or breach of these Terms by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible.

18. Limitation of Liability

We shall not be liable for direct, indirect, special or consequential loss or other damages whether in contract, tort, negligence, or otherwise, or for any loss or damage arising from or in any way connected with your access or use of the Services even where we have been notified by you of the possibility of such loss or damage.

19. Assignment

You may not assign or transfer your rights or obligations (or both) under these Terms to any company or person.

20. Intellectual Property

You agree and warrant that all information and material provided to us will not infringe upon any copyright, trademark, patent, trade secret or other intellectual property rights of any person or entity and you agree to indemnify us for any loss or damage incurred as a result of the information provided by you infringing any such intellectual property rights.

You acknowledge and agree that all content, including but not limited to text, software, sound, photographs, graphics, images, video, etc. accessed by or presented to you through the Services whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to us.

The material and content contained within the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) modify, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part. All rights are reserved. If you become aware of any such distribution or commercial exploitation you agree to notify us immediately.

We have no knowledge of any infringement of copyright on our website or in the Services. However, if you believe we have infringed your rights, please contact us so we can remove the offending material or rectify the situation as soon as possible.

21. Severability

If any court of competent jurisdiction holds any provision of these Terms invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect so as to leave the validity or the other provisions of these Terms intact.

22. Interpretation and Construction

In these Terms unless the context otherwise requires (a) words importing the singular include the plural and vice versa, (b) a reference to a law includes a reference to that law as amended, consolidated or replaced, (c) headings are for convenience only and do not affect the interpretation of these Terms, (d) the section titles contained in these Terms are for convenience only and have no legal or contractual effect, and (e) unless the context otherwise requires references to us include our parent company, all associated and subsidiary companies, permitted successors and assigns.

23. Arbitration

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, or the legal relationships established by these Terms, will be referred to and finally resolved by arbitration under the Rules of the Irish Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause.

24. Force Majeure

We shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to the website if the delay or failure is due to any cause beyond our reasonable control.

25. Complaints

If you wish to make a complaint please use the "Contact Us" button on the website.

26. Law and Jurisdiction

The formation, construction, performance, validity and all aspects of these Terms are governed by Irish law and you hereby irrevocably submit to the exclusive jurisdiction of the Irish Courts (except any principle of conflict of laws inconsistent with this requirement).

This website may be accessed throughout Ireland and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Ireland. If you access this website from outside Ireland, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

27. Your Warranty

You agree to at all times comply in full with the above Terms and that you are eligible to register and use the website in accordance with clause 3 above.

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