DEFINITIONS
“You” refers to the user of this website and its related services, and as such You have gained the right to use this website by respecting the applicable Terms of Use described in detail below. fetster.com (“fetster.com”) is the exclusive owner and operator of fetster.com and fetster.com (the “Website”). As used in this Terms of Use Agreement, "we" and "us" means fetster.com or any successor, subsidiary, division or assign of fetster.com. “Service(s)” refers to Your use of the Website for any purpose whatsoever.
OVERVIEW
By completing the subscription process you agree to review terms of use daily and agree that fetster.com is not obligated to give you notice of changes to terms of service.
If you do not agree to changes to terms of service you agree to terminate your account and remove yourself from fetster.com.
< By keeping your account active on fetster.com you agree that you are reviewing terms of service daily and you agree to any and all changes made.
This Terms of Use Agreement (the "Agreement") sets forth the terms and
conditions that apply to Your use of the Website and all services offered by
fetster.com. By completing the subscription process You are indicating that
You agree to be bound by all of the terms in this Agreement. Please print and
keep a copy of this Agreement for Your records. By accessing the Website or
using any Services, You consent to receive this Agreement electronically. We
reserve the right to modify this Agreement at any time. Such modified Agreement
will become effective and will apply to Your subscription upon our posting such
Agreement to the Website. Your continued use of our Service after such a
modification has been posted shall be deemed to constitute acceptance by You of
any such modified Agreement. Again It is Your obligation to review the Agreement and
to become aware of any modifications.
ELIGIBILITY
You must be 18 years of age or older to visit or use this Website or the Services in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to fetster.com that You: (i) are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Website in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.
COPYWRITE AND TRADEMARK
No part of the materials available through Fetster.com may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of Fetster.com. Any other reproduction in any form without the permission of Fetster.com is prohibited. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Fetster.com
USER AGREEMENT
This Agreement constitutes Your agreement with fetster.com with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
TERMINATION OF ACCOUNT
Fetster.com can suspend, cancel, terminate or block your account at any time for any reason, with or without notice. Fetster.com can also block any offending IP address from accessing servers used by Fetster.com
USER VERIFICATION
To use this service you agree to be verified by all methods as described in terms of use, including but not limited to:
1. Sending two different pictures of yourself, clearly showing your face with you holding a sign That reads hello with today’s date on it.
2. In one of the photos, you must hold the sign near your head and close your left eye eye.
Refusal to verify on your own or when requested will result in immediate termination of account or inability to complete registration on fetster.com
VERIFICATION OF USER, USER PHOTO, AGE, IDENTITY AND LOCATION
Fetster.com has a zero tolerance for fake, and underage profiles. Although we cannot and do not check each profile Fetster.com makes every effort to stop fradulent and underage profiles with the help of reporting from the Fetster.com Community
Fetster.com can, at random, with or without reason, at any time, and without notice demand to see Identifying information including but not limited to: Drivers Licenses. Identification cards, passports, or any other Identification deemed necessary by fetster.com to verify the the Age, Gender, Profile photos, posted photos, Location, or Identity of any user at any time.
Fetster.com can also request telephone verification, by requesting the phone number of any user, and communicating with that user, as well as using other means necessary to identify the location age and gender of a user.
ANONYMOUS PROXY, TOR NETWORK, CORPORATE INTERNET SPEED, UNKNOWN INTERNET SPEED, VPN, OTHER PROXY SERVICE NOT ALLOWED
We do not allow the use of the TOR network, Anonymous Proxy, Virtual Proxy Networks or like services on this site, due to the potential for users to abuse, stalk, commit fraud and or engage in harassment of our users. Users understand that we may investigate and attempt to identify the location and identity of users who use anonymous proxy services illegally to ensure the safety of our users against illegal activity including but not limited to terrorist activity, threats against our users, financial scams, stalking harassing etc.
USER MESSAGES AND CONTENT
You agree that you will not advertise, market, sell, anything via messages or posting. You agree that you will not write or communicate anything illegal, or that violates any part of this terms of use in any section.
You understand and agree that any communication in writing or otherwise that involves anything including but not limited to selling drugs, prostitution, selling or marketing items, threats, abuse, insulting an individuals race religion,body, gender, sexual orientation, or lying about your marital or relationship status will result in termination of your account.
You understand and agree that admins can and will review your messages between you and other users with no notice to you, at any time, for any reason including but not limited to verifying that you are in compliance with terms of use, and you further agree admins may communicate with you to investigate and verify your compliance.
POSTING OF CONTENT
FETSTER.COM IS NOT LIABLE FOR THIRD PARTY CONTENT UNDER THE COMMUNICATIONS DECENCY ACT – SECTION 230. "CDA", 47 U.S.C. § 230.
FETSTER.com is a distributor (not publisher) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.
CONTENT NOT ALLOWED AND FORBIDDEN
Fetster.com does not allow the Posting of photographs, stories, suggestions, Depictions, or any other forms of communication that involve any of the following including but not limited to; pictures of Children, sex with children, child pornography, suggestive pictures of adults made to appear underage, Lolita, Underage Sex, users under the age of 18, Bestiality, Scat, defecation, feces, snuff, murder, suicide, torture, kidnapping, Necrophilia, prostitution, escort, sex trafficking, rape, child prostitution, blackmail, extortion, financial domination, advertising for paid sites or other content not allowed as described in other sections of our terms of use.
Users will not post any photos, cartoons, drawings or depictions including but not limited to images of of pornography, nudity, sex acts, genitals, on main pages or in photo albums accessible to other users. Users may keep personal photos in private folders should that option be available to user.
CREATION OF FALSE AND MISLEADING PROFILES
All profiles created on fetster.com are to be created with the intent to convey honest and truthful information in order to form positive and meaningful relationships with other users. Creators of the profile shall have accurate information to the extent of the following:
1. Country or Countries they are located in. You do not have to indicate counties, states or provinces but we do not want scammers from one country pretending they are looking for a relationship in another.
2. Accurate gender. We do not want men pretending they are women, or women pretending to be men or individuals pretending to be transsexual etc. in order to manipulate or mislead others
3. Accurate relationship status. Married and open relationships poly and polygamy are fine, but we do not want married people, or people living with others to lie and mislead users into believing something that is not real. Just tell the truth
Profiles shall not be created for any purposes that could be considered misleading including but not limited to, relationship scams, marketing scams, joke profiles, scam profiles, fraud profiles, marriage scams, redirection to other websites or services involved in pay or marketing schemes, picture collecting, evidence gathering, information gathering, revenge, news reporting, television reality shows, research, etc
Creating multiple profiles, duplicate profiles is prohibited and a reason to have access to the site terminated. You are only allowed to create one profile per person, unless have a partner or multiple partners, then each of you must have individual profiles, and you may have one group profile.
OUR EMAIL AND MARKETING COMMUNICATION WITH YOU.
By signing up at fetster.com and creating a profile, you agree to Receive emails from us about free services relating to all our websites, This includes but is not limited to 1. Email messages notifying you of addition or removal of new options, features, upgrades to terms of service, or policy changes, on our sites. 2. Email messages notifying you about free access to other sites that are owned or operated by us. In the event that you do not want to receive emails from us you have the option to delete your account.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
CODE OF CONDUCT
You understand and agree that fetster is a private site. Rudeness or foul language used towards admins, threats of violence, threats of litigation or lawsuits against fetster.com or any of it's members, owners investors shareholders, subcontractors employees will result in immediate termination of access to the site and removal of your profile
You agree to use the Service in accordance with the following Code of Conduct:
1. You will keep all information provided to You through the Service as private
and confidential and will not give such information to anyone without the
permission of the person who provided it to You.
2. You will not use the Service to engage in any form of harassment or offensive behavior, 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.
3. You will not forward
chain letters through the Service.
4. You will not use the Service to infringe
the privacy rights, property rights, or any other rights of any person.
5. You
will not post messages, pictures or recordings or use the Service in any way
that; 1. violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trade-mark law, privacy or other
personal or proprietary rights, or 2. is fraudulent or otherwise unlawful or
violates any law.
6. You will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for funds,
advertising or solicitation for goods or services. Parties responsible for the
distribution, promotion or publication of any material containing any
solicitation for funds, advertising or solicitation for goods or services agree
to pay fetster.com One Thousand US Dollars ($1000.00) per account involved
with such activities to cover expenses involved with investigation and
prosecution of such activities.
7. You will 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, fetster.com, its systems,
or any other members' systems in any way. 8. You will not post or transmit in
any manner any contact information including but not limited to email
addresses, "instant messenger" nicknames or contact information, telephone
numbers, postal addresses, URLs, and full names through publicly posted
information on the Website and through its Services except as defined in the
section below this "POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT".
9.You
will not cause the Service to be accessed through any automated or robotic
means, including but not limited to the rapid access of the site as in a
denial-of-service attack. Such restriction shall not apply to legitimate search
engine activity that does not place an unreasonable burden on the Service.
10.
You will not use a third-party application such as a mobile smart phone
application, social media or other Web page widget, or any other such mobile,
social media, Web, or desktop application to access the Service, except where
such application is either provided by us or endorsed by us. Such restriction
shall not apply to a browser application which merely displays the pages of the
Service in their entirety without modification or reformulation of content.
2257 EXEMPT
1) 2257/DMCA Please read and understand our 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement and our DMCA provisions which are explicitly introduced and included as part of this document. You acknowledge that your uploaded content is YOUR content, created and owned by you or at your direction. You agree that no element of the content depicts persons under the age of 18 and if the content is explicit or contains "actual sexually explicit conduct" and not of your personal self that you have or maintain adequate 18 U.S.C. 2257 Record-Keeping documents for the included/depicted persons. You expressly acknowledge that this is your responsibility and that you will fully defend, indemnify and hold harmless the Fetster.com and its owners, directors, officers, employees, independent contractors and agents from and against all claims, allegations, demands, causes of action, expenses, damages, losses, charges, liabilities, fines, costs or penalties, including attorneys fees and related expenses and costs relating to this provision. In plain words you are responsible for your content, not the Company (Fetster.com).
POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT
We want you to be able to promote your personal sites as well as sites that you like, however we do not want advertisers or advertisments for other websites. We do not want spam or to be known as a spam site. In order to prevent abuse: You agree NOT to post any more than four different links to any four different sites that are outside of fetster.com on your main profile page. You agree not to use forums or blogs on this site for any marketing, or advertising. Prohibited actions on fetster.com include but are not limited to: spam advertising, keyword abuse, keyword stuffing, scraping, back linking, spam linking, profiles made for the purpose of just advertising, or any other actions designed to redirect traffic outside of fetster.com. You agree that your blogs, links and forum postings will be complete, original content designed to inform, educate or express an opinion and not designed for the purpose of advertising or redirecting traffic to another site. You agree that any of the pictures that you post will NOT have the name of any website, and will not, whether by code or URL contained within the picture, be designed for or have the ability to redirect traffic to any website. You agree that you will not post the name of, reference, or link to any of the following sites, including but not limited to: dating websites, cam girl, or cam boy websites, blackmail, dom or dominatrix pay sites and BDSM dating or polyamory dating sites. You understand that fetster.com has the right to remove, edit or delete any content, pictures, blogs, or forum posts you have posted, including your entire profile at any time for violations.
MONITORING OF INFORMATION
We do not use third-party advertising companies, we do not sell or distribute, or disclose your information to anyone for any reasons, nor do we collect your information for advertising or marketing purposes.
REMOVAL OF INFORMATION
We do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
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.
SECURITY
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify fetster.com 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.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT fetster.com CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. fetster.com ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. fetster.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. fetster.com RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL fetster.com 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 MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT fetster.com 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 MEMBERS. 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. We suggest that You review the terms of use and privacy statements of such External Links prior to using them. You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content 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. Nevertheless, You agree to use the External Links at Your sole risk and that fetster.com 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 fetster.com 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. fetster.com 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. fetster.com shall not be responsible for the contents of, updates to, or privacy practices of third parties operating External Links, which may differ from those of fetster.com. The personal data You may choose to give to such third parties are not covered by fetster.com's privacy policies. Some third party companies may choose to share their personal data with fetster.com, in which case such data sharing shall be governed by that third party's privacy policy. 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 fetster.com 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.
PAID MEMBERSHIPS AND PAID FEATURES
FFetster had no paid membership options at this time
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that any material or content distributed by fetster.com 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 in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. fetster.com PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. fetster.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY fetster.com IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY fetster.com, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL fetster.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY fetster.com AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER fetster.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00). EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECSSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
INDEMNITY
You hereby agree to indemnify, defend and hold harmless fetster.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. fetster.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
MISCELLANEOUS
This Agreement represents the entire agreement between You and fetster.com regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the County of Los Angeles, United States of America. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with fetster.com, shall be resolved through arbitration, with such arbitration to be held in Los Angeles, California, Unites States. Additionally, except where prohibited by law, as a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of fetster.com. fetster.com may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested. fetster.com PRIVACY POLICY This privacy policy (this “Policy”) describes the practices fetster.com, and any affiliates, (collectively “we”, “us”, “our”) with respect to our collection, use, storage and disclosure of personal information provided to us from users of our Website. This Policy forms an integral part of Terms of Use Agreement, which is incorporated by reference. Any capitalized term used but not defined in this Policy will have the meaning defined in the Terms of Use Agreement. All references to “Website” in this Policy refer to our websites located at www.fetster.com.
INTRODUCTION
We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect Your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of Your personal information. For the purposes of this Policy, “personal information” means information about an identifiable individual, including, for example, an individual’s height, birth date, name, home address, telephone number, social insurance number, sex, income and marital status. We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of Your personal information by us (“Applicable Privacy Laws”). We have appointed a Privacy Officer who is responsible for our compliance with this Policy. Information on how to contact the Privacy Officer can be found below.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect two types of information through our Website: personal information and non-personal information. The types of information we collect depend on the nature of Your interaction with us. Personal information We may collect personal information such as: 1. Your contact information – for example, Your name and email address; 2. Your personal preferences – for example, language preferences, and marketing consent; and 3. Your profile information – for example, photographs You upload, and other information You provide in Your personal profile, such as Your interests, marital status, Your height, weight and occupation. Non-personal information Non-personal information does not identify You as an individual. For example: 1. we may collect certain non- personal data when You visit our Website, such as the type of browser You are using or the referring URL; or 2. we may collect and summarize customer information in a non-personal, aggregate format for statistical and research purposes. We may, for example, summarize our data to determine that a certain percentage of users are male, aged 18 to 25. You may choose not to provide us with Your personal information. However, if You make this choice we may not be able to provide You with the service, or information that You requested. For example, we require Your email address in order to verify Your account, which is necessary so that notifications may be sent to You electronically. Should You no longer wish to receive notifications from fetster.com when You receive a message from another fetster.com user or when another user adds You as a favorite, You may turn these notifications off through fetster.com.
USE OF PERSONAL INFORMATION
We may use Your personal information for a number of different business purposes, for example to: 1. create and display Your online dating profile to other users of the Website; 2. show other users when You have viewed their profiles; 3. compare Your profile and preferences with that of other users to provide both You and other users with potential matches; 4. provide customer support to assist You with Your questions or complaints; 5. conduct surveys in order to improve our services; 6. advise You of changes to our services, or new services that we may implement from time to time; 7. measure and improve the effectiveness of our Website or our marketing endeavours; 8. detect and protect against fraud and error; 9. track and analyze Your preferences to better understand Your service needs and eligibility; and 10. for other purposes as described in this Policy. We limit the personal information we collect and use to that which is necessary to fulfill our business purposes. We will not collect, sell, distribute or use personal information for any other purposes without Your further consent, except to the extent as required by law or as authorized by Applicable Privacy Laws. YOUR CONSENT When You choose to provide us with Your personal information You consent to the use of Your personal information as identified in this Policy and as may be further identified at the time of collection. Express Consent Sometimes You will be asked to give Your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a fine_print_content to indicate Your consent to receive marketing communications. Implied Consent Other times, You may provide Your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that You have given consent by some action You have taken or an action You have decided not to take. Generally, this occurs where the purpose for the use of Your personal information would be reasonably apparent to You – for example, when You provide us with personal information through forms to populate Your online dating profile, You provide us with implied consent to publish that information for other users of the Website to view. Withdrawing Your Consent You may notify us at any time that You wish to withdraw or change Your consent to our use and disclosure of Your information. We will accommodate Your request subject to legal and contractual restrictions.
INFORMATION WE MAY COLLECT DIRECTLY FROM YOU
Listed here are some further examples of the ways that we collect personal information directly from You and how we use it. Follow-Up and Surveys From time to time, we may send You a follow-up letter to thank You for Your use of the Website, or we may contact You to ensure that You are completely satisfied. We may use contact information collected online to conduct occasional surveys and other customer research. These surveys are entirely voluntary and You may easily decline to participate. Our Website Our Website can be browsed anonymously but not using TOR or like service,. However, to engage in certain special features or functions of our Website, You may be asked to provide certain personal information, such as Your email address or demographic information. We use this information to create Your account, contact and correspond with You about Your account, respond to Your inquiries, and monitor functions of our Website that You choose to use. Our Mobile Applications If You use any mobile device to access our site and download any of our applications, we may collect device information (such as Your mobile device ID, model and manufacturer), operating system and version information, and IP address. We collect Your geolocational information only upon Your consent. By sharing Your geolocational information with us, You agree Customer Support Centre We operate an electronic customer support centre to accept and address Your questions, concerns, or complaints. When You contact our customer support centre, we may ask for personal information to help us respond to Your inquiry or to verify Your identity. For example if You need to make a change to Your account, we will ask for personal information to verify that You are the account holder. We may also monitor or record Your online or telephone discussions with our customer support representatives for training purposes and to ensure service quality.
INFORMATION WE COLLECT AUTOMATICALLY
In some cases, we automatically collect certain information. Our Website When using our Website, we may collect the Internet Protocol (IP) address of Your computer, the IP address of Your Internet Service Provider, the date and time You access our Website, the Internet address of the web site from which You linked directly to our Website, the operating system You are using, the Internet browser You are using, the sections of the Website You visit, the Website pages read and images viewed, and the content You download from the Website. This information is used for Website and system administration purposes and to improve the Website. Cookies The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize You as a previous user of the Website, to offer personalized Web page content and information for Your use, and to otherwise facilitate Your Website experience. You may choose to decline cookies if Your browser permits, but doing so may affect Your use of the Website and Your ability to access certain features of the Website or engage in transactions through the Website. Web Site Tracking Information We may use web beacons or pixel tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases. we may collect other personal information of individual users for our own research purposes we may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy. Links to Other websites Our Website may contain links to other websites or Internet resources which are provided solely for Your convenience and information. When You click on one of those links You are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of Your personal information. We encourage You to read the privacy policies of those other websites to learn how they collect and use Your personal information.
SUPPLEMENTING INFORMATION
From time to time we may supplement information You give us with information from other sources, such as information validating Your address or other available information You have provided us. This is to help us maintain the accuracy of the information we collect and to help us provide better service.
DISCLOSURE AND SHARING OF YOUR INFORMATION
We do not sell, share or license Your personal information to any other party.
However, in the normal course of business we may share some of Your personal
information with our affiliates and with third parties acting on our behalf or
as permitted or required by Applicable Privacy Laws. Service Providers We may
use third party service providers (for example, web hosting providers, data
management providers and/or payment processors) to manage one of more aspects
of our business operations, including the processing or handing of personal
information. When we do use an outside company, we use contractual or other
appropriate means to ensure that Your personal information is used in a manner
that is consistent with this Policy. By registering for a for-fee service and
providing Your credit card details, fetster.com will use the credit card
information You provide to bill You for goods and services. By providing Your
credit card details to us, You consent to and authorize us to provide Your
credit card details to payment processors and financial institutions necessary
to process Your payment. To provide increased availability of the Website, some
of these operations may result in personal information collected by
fetster.com being stored outside the United States and, as a result, such personal
information stored outside of the United States may be accessible to law enforcement and
regulatory authorities in accordance with applicable laws of countries outside
the United States. Information Shared Amongst Our Affiliates, Subsidiaries and Divisions
We may share personal information gathered on our Website with and amongst our
corporate subsidiaries, affiliates or divisions for internal business purposes
in accordance with this Policy. If we do, we will ensure that Your information
continues to be used only in accordance with this Policy and Your expressed
choices. Legal Disclosure We may disclose Your information as permitted or
required by law. For example, we may be compelled to release information by a
court of law or other person or entity with jurisdiction to compel production
of such information. If we have reasonable grounds to believe information could
be useful in the investigation of improper or unlawful activity, we may
disclose information to law enforcement agencies or other appropriate
investigative bodies.
By using this site you also understand that your profile information may be kept in its original state after you delete your profile, but not available to users. You agree that this information will be kept by us for purposes including but not limited to; 1, evidence for any and all legal action that we may take against you for violation of terms of service 2. Defense of legal action that you may take against Fetster.com or any of its officers, investors owners or members 3. Evidence for threats or harassment of other members 4. For violations of any agreements made between you and Fetster.com, and any of it's officers, owners, investors or members. 5. For suspicious activity including but not limited to: Child pornography, Terrorism, illegal and criminal activity, threats of litigation against any officers, owners, investors or members of Fetster.com
SECURITY OF PERSONAL INFORMATION
The security of Your personal information is a high priority for us. However, no system can be completely secure. While fetster.com takes steps to secure Your information, we do not promise, and You should not expect, that Your personal information will always remain secure. In the event of a security breach, you agree to indemnify, and hold harmless fetster.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. fetster.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
VERIFICATION OF USER, USER PHOTO, AGE, IDENTITY AND LOCATION
Fetster.com has a zero tolerance for fake, and underage profiles. Although we cannot and do not check each profile Fetster.com makes every effort to stop fradulent and underage profiles with the help of reporting from the Fetster.com Community
Fetster.com can, at random, with or without reason, at any time, and without notice demand to see Identifying information including but not limited to: Drivers Licenses. Identification cards, passports, or any other Identification deemed necessary by fetster.com to verify the the Age, Gender, Profile photos, posted photos, Location, or Identity of any user at any time.
Fetster.com can also request telephone verification, by requesting the phone number of any user, and communicating with that user, as well as using other means necessary to identify the location age and gender of a user.
REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Applicable Privacy Laws allows any individual the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist the individual with the access request. This includes: 1. identification of personal information under our custody or control; and 2. information about how personal information under our control may be or has been used by us. We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to. In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
REMOVAL OF YOUR INFORMATION
We keep Your information only as long as we need it for legitimate business purposes and to meet any legal requirements.
CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE
Questions or concerns regarding our compliance with this Policy may be directed to the Privacy Officer, at [email protected] Digital Millennium Copyright Act Notice If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify fetster.com’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that You claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit fetster.com to contact You, such as Your address, telephone number, and e-mail address; 5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.