TMO dating - Terms of Use Agreement

By accessing the TMO dating application or its website found at www.takemeoutdating.com, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a TMO dating account. If you wish to create a TMO dating account and make use of the Service, please read these Terms of Use.

If you do not accept and agree to be bound by all of the terms and conditions of this Agreement including the TMO dating Privacy Policy, or you do not meet or comply with its provisions, do not use the Application or the Service. Please contact us with any questions regarding this Agreement.

The application and Service TMO dating is the property of TAKEMEOUT LTD incorporated in the UK.

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Application and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Application to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber. This Agreement may be modified by TAKEMEOUT LTD in its sole discretion at any time, and any such modifications will be updated on that user agreements. Your continued use of the Application after the posting of modifications to this Agreement will constitute your acceptance of such revisions.

This Agreement includes TMO dating Acceptable Use Policy for Content Posted on the Application and Website, TMO dating Privacy Policy, any notices regarding the Application, and terms disclosed and agreed to by you if you become a Member or if you purchase or accept additional features, products, or services we offer on the Application, such as terms governing features, billing, free trials, discounts, and promotions.

By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records.

Eligibility

You must be at least eighteen years old to register as a Member. Membership in the Service is void where prohibited. By using the Application, 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. If you become a Member, 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 government entity.

The Application and Service are intended for use in the United Kingdom. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United Kingdom export control laws. By using the Service, you represent that you have not been designated by the United Kingdom government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in your jurisdiction.

Creating an Account

In order to use TMO dating, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other TMO dating users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Term and Termination

This Agreement will remain in full force and effect while you use the Application and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Delete Account section in Account Settings (accessible via the wheel settings icon at the bottom left of the left menu), or upon receipt by TAKEMEOUT LTD of your written or email notice of termination. TAKEMEOUT LTD may terminate your membership for any reason, effective upon sending notice to you at your facebook/instagram email address you provide in your application for membership. If TAKEMEOUT LTD terminates your membership in the Service because it believes you have breached the Agreement, you will not be entitled to any refund of unused subscription fees or unused credits.

Non-commercial Use by Members

The Application and the Service is for personal use only. Members may not use the Service in connection with any commercial endeavors. Organizations, companies, agencies, and/or businesses may not become Members and should not use the Service or the Application for any purpose. Illegal and/or unauthorized uses of the Website, 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 Application may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

TAKEMEOUT LTD strictly forbid any media company, website, newspaper or any other company or individual having a large network of viewers/followers to write articles that could harm or damage the reputation and personnal life of any employees of the company including the director/CEO without written permission from the director first. Any media company is advised to contact TAKEMEOUT LTD before to write an article or speak about the application to make sure the article will have no impact on the personnal life of TAKEMEOUT LTD employees and directors. Emails should be sent at the following address: mediarelations@takemeoutdating.com.

Account Security

Your account is for your personal use only. You are responsible for maintaining the confidentiality of your account, and you are solely responsible for all activities that occur under your username. You acknowledge that TAKEMEOUT LTD is not responsible for third party access to your account that results from theft or misappropriation of your username or password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at customersupport@takemeoutdating.com and ensure that you log out from your account at the end of each session.

Risk Assumption and Precautions

TAKEMEOUT LTD is not responsible for the conduct, whether online or offline, of any user of the Application or Member of the Service. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with other Members, including dating or sending money to another Member. You agree to take all necessary precautions when meeting individuals through the Service.

TAKEMEOUT LTD DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, TAKEMEOUT LTD reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

You understand that TAKEMEOUT LTD makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

Proprietary Rights

TAKEMEOUT LTD owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. 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 to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Acceptable Application Use

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Application or as part of a Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Application or as part of the Service, or transmit to TMO dating or any other Member (either on or off the Website), any material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

TAKEMEOUT LTD reserves the right, but has no obligation, to monitor any Content you post on the application or as part of a Service. TAKEMEOUT LTD will have the right to remove any Content that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

By posting Content on the Application or as part of the Service, you automatically grant an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Application including, without limitation, by way of submitting a virus to the server, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Application or Service (either directly or indirectly through use of third party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Application, Service or its contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Application or any software used on or for the Service or the Application, or cause others to do so;

The Application may be used only for lawful purposes by individuals seeking fun, friendship and love. As one of the conditions of your use of the Application and the Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Application and the Service for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Application and the Service complies with this Agreement and to seek prior written consent from TAKEMEOUT LTD for any uses not permitted or not expressly specified herein. TAKEMEOUT LTD specifically prohibits any use of the Application or the Service, and you hereby agree not to use the Application or the Service, for any of the following:

  1. Using the application to request money in any form. TAKEMEOUT LTD forbid any exchange of cash in any form between two members/users. Any budget agreed between two users on the application is restricted to be spend only and only for activities related to dating (restaurant, night-out, concerts, events, gifts ...). TAKEMEOUT LTD will not be held responsible for any money loss by their users or what members agreed to do with the budget they agreed together.
  2. Using the application as an escort, or using the Service to solicit clients for an escort service. TMO dating is strictly an online dating website/app, escorts are not welcome.
  3. Using the application or service to promote, solicit, or engage in prostitution;
  4. Use the application or service to "stalk" or otherwise harass any person.
  5. Using the application or service to promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  6. Using the application or service for activities that violate any law, statute, ordinance, or regulations; and
  7. Using the application or service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
  8. Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
  9. Posting any Content that is not entirely your own or for which you do not have full rights to use;
  10. Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
  11. Posting or sending material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  12. Failing to report knowledge of a person under the age of 18 to TAKEMEOUT LTD, or continuing to use the site to interact in any way with anyone you know is under the age of 18.
  13. Engaging in advertising to, or solicitation of, other Members to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam”, or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to TMO dating, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay TAKEMEOUT LTD £50 for each such unsolicited communication you sent through the Service;
  14. Soliciting gambling or engaging in any gambling or similar activity;
  15. Initiating contact with members off site by any other means, without first obtaining explicit permission from them to do so via the Application;
  16. Posting advertisements or solicitations of employment, business, or pyramid schemes;
  17. You will not harass, annoy, intimidate, or threaten any TAKEMEOUT LTD employees or agents engaged in providing any portion of the Service to you. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

In App Purchases

From time to time, TMO dating may offer additional products and services for purchase through the App Store, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases.

You agree that all payments made on the Application are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through the Application to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as £50. You agree that you will pay any outstanding balance you have with TAKEMEOUT LTD within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or £50 (whichever is higher) will be added to the amount that you owe.

TAKEMEOUT LTD maintains a strict no-refund policy. All purchases made on the Application are final. If you choose to purchase a subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription. Further, you agree that no refunds will be made on any remaining or unused subscription or credits.

When you delete your TMO dating account or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your deleted TMO dating account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account deletion will not be reinstated with your account.

Credits or subscription purchased for a specific TMO dating account is strictly non-transferable. You agree that any remaining or unused membership subscription associated with an active or deleted TMO dating account will not be transferred to any other account belonging to you or someone else.

TAKEMEOUT LTD reserves the right to offer free membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. TAKEMEOUT LTD also reserves the right to cancel any promotion code given for all or any of its members.

Service

TAKEMEOUT LTD does not guarantee that the Application will be fully operational all the time. Members may face significant service disturbances.

User Information

When you register for our Service on the Application, you will be asked to provide us with certain information, including but not limited to a valid facebook account. TAKEMEOUT LTD right to use your User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of your User Information. TAKEMEOUT LTD reserves the right to offer third party services and products to you based on the preferences that you identify in your User Information and at any time thereafter; such offers may be made by us or by third parties.

You acknowledge and agree that TAKEMEOUT LTD may disclose in whole or in part your User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend TAKEMEOUT LTD, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.

Notwithstanding any other provision of this Agreement or the Privacy Policy, TAKEMEOUT LTD reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, TAKEMEOUT LTD suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that TAKEMEOUT LTD, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that TAKEMEOUT LTD is permitted to make such disclosure.

Disclaimers

You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH 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 thereof and should not necessarily be relied upon. Such third party authors are solely responsible for 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.

TAKEMEOUT LTD cannot guarantee and does not promise any specific results from use of the Application and/or the Service. This Application is only a venue - it acts as a venue for individuals to post personal and contact information for the purposes of dating. TAKEMEOUT LTD is not required to not screen or censor information posted on the Application , including but not limited to the identity of any user. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, the truth or accuracy of the information. You agree you are solely responsible for your interactions with other Members. TAKEMEOUT LTD reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occur outside of the scope of the Application. The Application is a tool for providing the initial contact between Members, anything beyond that is not in our control and is done so at the their own risk. Members have to use common sense about what information they reveal to others via email or any other means of communication. It is your responsibility to investigate Members and that you will verify they are legitimate date seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution you to be skeptical of any Members until you learn more about them.

You specifically acknowledge and agree that TAKEMEOUT LTD is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the application without liability.

Links

The Application may contain, and the Service may provide, links to sites that are not maintained by TAKEMEOUT LTD. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Application does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Application or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that TAKEMEOUT LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAKEMEOUT LTD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TAKEMEOUT LTD KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TAKEMEOUT LTD AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID TAKEMEOUT LTD FOR THE USE OF ANY SERVICE, THE AMOUNT OF £20 OR ITS EQUIVALENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAKEMEOUT LTD 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Arbitration

You and TAKEMEOUT LTD agree that any disputes arising out of or related to the Application, the Service, this Agreement and/or any policies or practices of TAKEMEOUT LTD (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION administered by the Chartered Institute of Arbitrators. The only exceptions to this agreement to arbitrate Disputes are matters that may be taken to small-claims court or claims of infringement or misappropriation of TAKEMEOUT LTD copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which TAKEMEOUT LTD may elect to have resolved by means other than arbitration. Notwithstanding the above, TAKEMEOUT LTD is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us by mail at customersupport@takemeoutdating.com. YOU AND TAKEMEOUT LTD AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

YOU AND TAKEMEOUT LTD ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor TAKEMEOUT LTD agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).

If you access the Website or use the Service from outside the United Kingdom, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Service. Regardless of whether you access the Website or use the Service from outside the United Kingdom, all Disputes shall be resolved in the United Kingdom as described above.

Indemnify

You agree to defend, indemnify, and hold harmless TAKEMEOUT LTD, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Application, the Services or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Application or as a result of the Service, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, children, or family. TAKEMEOUT LTD reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TAKEMEOUT LTD in connection therewith.

General Provisions

Violation of this Agreement may cause TAKEMEOUT LTD irreparable harm, and you therefore agree that TAKEMEOUT LTD will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that TAKEMEOUT LTD may have for a breach of this Agreement.

This Agreement, accepted upon use of the Application and further affirmed by becoming a Member of the Service, the Privacy Policy located on the Application, and any applicable payment, renewal, additional Service terms, compromise the entire agreement between you and TAKEMEOUT LTD regarding the use of the Application and/or the Service, superseding any prior agreements between you and TAKEMEOUT LTD related to your use the Application or Service (including, but not limited to, any prior versions of this Agreement).

Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of TAKEMEOUT LTD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.

No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind TAKEMEOUT LTD in any manner.