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Membership Subscription Terms of Service Agreement

TERMS OF USE

This Terms of Use (hereinafter referred indistinctly to as “Terms” or “Agreement”) constitutes a legally biding agreement made and entered into by and between the Ancient District Limited, a private limited company, organized and existent under the laws of England and Wales, with its registered office at Office 4B, 9A Bank Street, Braintree, CM7 1UG, United Kingdom (hereinafter referred to as “We”, “Us” or the “Company”, as the case may be) and You, a natural person identified upon the registration (hereinafter referred to as “You” or "User"). 

Ancient District Limited is the unique owner of TRUEBOOTYCALL.COM™ and proprietor of all the related platforms, systems, trademarks and domains utilised for the rendering of online dating services, which includes, but is is not limited to, all TRUEBOOTYCALL.COM’s websites, mobile applications, and other digital and interactive services that link to these Terms (hereinafter collectively referred to as the “Services”), and states the terms and conditions that shall govern your access and use of such Services.

You, on your own account, as well as by your successors and assigns, acknowledge and represent herein to have read, understood and expressly allow to be bound by and uphold these Terms, when: (a) Pressing the button utilised to provide Your consent (which might be found under the following terms that express a positive action: “Agree”, “Accept”, “Next”, “Ok” or other similar), or; (b) Signing-up, signing in to access or use the Services, irrespective of purpose, manner or form, or by uploading, posting or otherwise submitting any User-generated Content (as defined hereinbelow) to or through the Services.

In this regard, You hereby grant the Company your full and unconstrained permission to be subject to and remain compliant with all applicable Company’s policies whilst using the Services, as they may change from time to time, whether or not incorporated hereto by reference or otherwise, especially, but not limited to, the Company’s Privacy Policy – which describes, among other things, what and how Your personal data is being collected, the legal basis and purposes for such collection, etc.– (hereinafter collectively and indistinctly referred to as “Policies”).

Should You have any objections or otherwise reservations regarding the Terms hereof, regardless of whether or not You may have pressed the button specifically used to express refusal (which might be found under the following terms: "Refuse”, “Cancel”, “Back” or similar), You shall refrain from signing-up or further signing in or otherwise accessing to use the Services, and also from further uploading, posting or either submitting any User-generated Content to or through the Services. Any use of the Services under the foregoing circumstances shall be construed as an unauthorized use of the Services and, as a consequence, deemed absolutely prohibited in accordance to the Terms hereof.

If You may have already entered into a written agreement with the Company before, that either: (a) incorporates these Terms by reference therein; or, (b) govern about the same issue, unless explicitly stated under such agreement, these Terms are likewise enforceable and bound upon You, whether explicit consent is given or not (for instance, Whether You may have clicked or not on the button specifically designated for consent or otherwise for refusal, in accordance with the above-mentioned).

We retain the right to update, amend or otherwise change these Terms, the Policies and the Services, from time to time and at our own discretion, no matter if notice is given in advance (to the extent legally authorized). For example, We shall be able to change, implement or remove any features, specifications, capabilities, functions, licensing terms, which may or may not affect the Services’ general availability. 

We promise to keep You properly informed if any of such changes happens, either through posts on the website or e-mails to the address that You have provided to Us when signing-up. By continuing to access or use the Services, or any related content, right after an amendment, update or otherwise alteration pursuant to these Terms, regardless of any objections or reservations You may have eventually raised, whether or not timely, written or otherwise, You explicitly consent to become subjected to and bound by those alterations, waiving any right to enjoy or claim (whether judicially or otherwise), any compensation or indemnification stemming therefrom or in connection thereto. Besides than as provided in the Class Action Waiver section of these Terms, any alterations according to this Section shall enter into force immediately upon posted at the website and will apply on a going-forward basis, unless otherwise instructed by Us through written notice to You.

In the event that You raise any reservations or objections regarding an eventual alteration hereto, You shall refrain from signing-up, signing in, or otherwise accessing or using the Services, for instance, You shall stop uploading, posting or otherwise submitting any User-generated Content to or through the Services, on any time following that alteration’s effective date. Therefore, any of the following uses under such circumstances shall be construed as an unauthorized use of the Services, in other words, deemed strictly prohibited in accordance to these Terms.

Any objections or reservations pursuant to an alteration in accordance with this Section, must be raised within the following fifteen (15) days immediately after the alteration’s effective date at issue, and in such circumstances You shall have ceased and refrained from all further use of the Services as of the date when such objection or reservation was raised until instructed otherwise by Us.

In the event of You continuing or starting to use again the Services on any time between the raise of the objection or reservation and receiving our written reply thereof, You shall then be deemed to have expressly agreed with and granted Your full and unreserved permission of becoming fully subject to and bound by such changes, therefore, waiving any right to enjoy or claim, judicially or otherwise, any compensation or indemnification thereof, in accordance with the above-mentioned. 

Additional terms may apply to your use of the Services. We will provide any such additional terms to You or post them on the Services in connection with the features to which they may apply; notwithstanding, all such additional terms are incorporated herein by reference.

1. ELIGIBILITY CRITERIA

1.1. You hereby represent and warrant to be, of legal age and competence, and only in such case You may be permitted to use our Services. 

1.2. When You use the Services on behalf of any third-party, You are herein representing to be an authorized representative of that third-party and that your use of the Services constitutes that third-party’s acceptance of these Terms. 

1.3. In the event that You have been previously prohibited from accessing the Services by Us, You shall not be permitted to access the Services.

2. REGISTRATION AND USE OF YOUR ACCOUNT

2.1. Account Registration and Privacy. 

2.1.1. Before You can start using our Services, We may require certain information concerning You (“Registration Data”), for the purpose of creating your User account. In the event that You fail to provide to us such Registration Data in an accurate manner, We will have the right to prevent You from accessing to our Services. In case that You fail to maintain the Registration Data up-to-date, accurate, current and complete, that shall be considered as a breach of these Terms, which may lead in suspension or termination of Your use of or access to our Services. 

2.1.2. All Registration Data submitted by You upon your account registration is of exclusive property of the Company. You hereby consign and authorize Us to use and reuse Your Registration Data, and other personally identifiable information. This matter will be subject to our Privacy Policy – available at https://www.truebootycall.com/site/privacy. We undertake to use commercially reasonable efforts to protect and safeguard all Registration Data in accordance with the applicable general data protection regulation. You have the right to edit or update Your personally identifiable Registration Data at any time, which may be done through written request to our address provided hereinbelow.

2.1.3. During the registration process for creating Your account, You will be required to provide an username and password. The password provided by You must be secure, and individual, and such password will be required to further access Your account and the Services. Please, note that You are the sole responsible for protecting and safeguarding Your own username and password from unwarranted disclosure or unauthorized use, therefore, You shall be considered as fully liable for all activities that occur under your username and password.

2.2. Denial of Registration.

2.2.1. We reserve the right to deny your registration, which will be determined at our sole discretion. Should your registration be denied, any and all use or access of the Services by You shall be construed as an unauthorized use of the Services.

2.3. Unauthorized Account Use. 

2.3.1. You undertake to keep Us informed at all times of any event of unauthorized use of your username or password, or otherwise any breach of security related to Your password or the Services, whether suspected or material. We shall not be held liable for any loss or damage resulting from Your own failure to protect and safeguard Your account from unauthorized or unwarranted access or use, or for Your failure to keep the password confidential and secure. 

2.3.2. By completing your account registration, You agree that You shall prevent others from using your account and to be held fully responsible for all activities made under your username and password. Any and all communications that We receive from You account shall be deemed to have been made by You. In no event We shall be held liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using your username or password, either with or without your knowledge, and regardless of whether We should expect such unauthorized use. You also promise to be held liable for losses, damages, liability, expenses and attorneys’ fees incurred by Us or an eventual third-party due to someone else using your account.

3. CONTENTS AND PROHIBITED CONDUCTS

3.1. User-generated Content. 

3.1.1. As used in these Terms, the term "User-generated Content" shall mean any form of content, such as images, videos, text, comments, messages, reviews, and audio, that has been posted, submitted, transmited, uploadad, displayed, recorded, or otherwise published, whether publicly or privately, by Users through the Services. 

3.1.2. We represent to be, and You further acknowledge to understand that we are only a passive conduit for User-generated Content. You expressly acknowledge and agree that all User-generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who created such User-generated Content.

3.1.3. You acknowledge that We are under no obligation to prevent or identify intellectual property right infringements of any kind or to review, assess, monitor or otherwise oversee the User-generated Content submitted, uploaded, distributed or retrieved in connection with Your use of the Services for, as an example: (i) unlawful, inappropriate or not allowed use; (ii) non-compliance with governmental laws or regulations; and/or (iii) infringement or enforcing Your rights or third-party rights with respect to Content.

3.1.4. You also acknowledge that We can't guarantee that any of the User-generated Content will be to Your satisfaction. In this sense, You acknowledge and agree that, by using the Services that You might be exposed to User-generated Content that is offensive, indecent or objectionable, and that the User-generated Content of other Users may contain errors or omissions of any kind. You further acknowledge and agree that We are under no obligation to screen or review any User-generated Content posted or published through the Services in regard to material which might be considered as offensive, indecent, objectionable, as well as for possible libels, falsehoods, defamatory materials, errors or omissions contained in it. In no event We shall be deemed liable in any manner for any User-generated Content, including, but not limited to, for any falsehoods, defamation, errors or omissions in any such User-generated Content, or for any loss, harms or damage of any kind suffered as a consequence of the use or publication of any of the User-generated Content made available through the Services.

3.1.5. Under any circumstances, You undertake to keep Us harmless and indemnified against any and all damages, losses or otherwise liabilities resulting from or related to User-generated Content according to the foregoing. Also, You undertake to keep Us informed, at all times, about any infringement of intellectual property rights whenever You become aware of it.

3.2. User-generated Content Licensing, its Preservation and Disclosure. 

3.2.1. By making available any User-generated Content through the Services, You acknowledge to grant Us a royalty-free, global, perpetual, irrevocable, non-exclusive, and sublicensable, right to license such User-generated Content, so We can use and process it, whether in whole or in part, through any format or medium, as long as it's strictly compliant with the general data protection regulation applicable to the case, and as long as it is also compliant with the Company’s corporate activities, for example (this list is not exhaustive): 

a) generate derivative works from, sell, lease, transmit, disassemble, utilize and process the User-generated Content to test and advance the Company’s proprietary technologies and processes.

b) use, exhibit, broadcast, publish, publicly display, publicly perform, distribute, copy, store, reproduce, promote and store the User-generated Content on, through, or otherwise in connection with the Services; 

c) secure, encode, host, cache, route, reformat, modify, edit, adapt, translate, analyze and create algorithms and reports based on access to and use of the User-generated Content;

3.2.2. You acknowledge and agree that We may preserve and disclose User-generated Content, whenever it is required to Us by law or, in accordance with these Terms, as it may be considered as necessary to: 

a) comply with legal process; 

b) enforce these Terms; 

c) respond to claims that any User-generated Content violates the rights of third-parties; or 

d) protect our rights, property, or personal safety of our affiliates and the public.

3.2.3. You also acknowledge and promise that the technical processing and transmission of these Services, including your User-generated Content, may imply transmissions over various networks, as well as to changes to be adapted according to technical requirements of connecting networks or devices.

3.3. User-generated Content Representations. 

3.3.1. You hereby warrant and represent to own or hold in any manner all rights related to any User-generated Content that You have posted on or through the Services. 

3.3.2. You warrant and represent to be solely liable for: 

a) being compliant with all and any laws, rules and applicable regulations; 

b) any kind of Prohibited Content; 

c) abiding by any and all of these Terms;

d) obtaining all necessary consents, permissions, licenses and waivers from copyright owners, artists, actors, directors, performers, writers, producers, or any other individuals, in connection with the User-generated Content; 

e) obtaining any required synchronization and master use licenses from the owners of the musical compositions and sound recordings embodied in the User-generated Content, if any; 

f) any payments pertaining to labor unions and guilds in connection with posting and publicizing the User-generated Content (to the extent required under the applicable law, collective bargaining agreements or otherwise); 

g) obtaining public performance licenses from public performance rights collection organizations, if applicable; 

3.3.3. You promise to indemnify, defend, and hold Us harmless for all claims resulting from any User-generated Content You post. In that regard, We reserve the right, at our own expense, to assume solely the defense and control of those disputes and, in any event, You will cooperate with Us in asserting any available defenses.

3.4. Restrictions on User-generated Content. 

3.4.1. Nothing provided under these Terms shall be understood as to grant You any license or right to use any User-generated Content accessed through the Services, provided that no prior written consent of that User-generated Content’s owner is given. Any and all rights not explicitly granted herein are reserved to their owner or otherwise to the holder of their legal title. 

3.4.2. We may not, under any circumstance, be deemed liable for the: 

a) selection, acquisition, distribution and licensing of User-generated Content; or 

b) acquisition and payment of any third-party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use User-generated Content in the manner authorized by You. 

3.4.3. You are the only responsible for maintaining copies of the User-generated Content and only You shall take precautionary measures to back it up and to ensure its protection. In this regard, We have no obligation to provide You, or otherwise to any third-party, with any backup or any archival copies whatsoever of any User-generated Content posted on or through the Services, to the extent permitted by law.

3.4.4. Moreover, You acknowledge and promise that the rights of access to others’ User-generated Content, granted to You on or through the Services, are only limited to the terms of those rights that You must have obtained in relation to the receipt of such User-generated Content. 

3.4.5. Except as expressly allowed, You are not entitled to copy, reproduce, transmit, modify, publish, sell or transfer, keep, retain or generate derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any User-generated Content to which You have gained access through the Services, including, without limitation, by adding data and or User-generated Content from the Services into any search, e-mail, catalogue, directory, or other white pages products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the above-mentioned  conducts can constitute a crime or other kind of unlawful behavior for which You might be held criminally and civilly liable.

3.5. User-generated Content Review. 

3.5.1. You acknowledge and promise that We have no obligation to (however We reserve the right to), at our discretion, pre-examine any of the User-generated Content, in whole or partially, before or through it is finally posted to the Services. 

3.5.2. We also reserve the right, however, We have no obligation to, in our sole discretion, reject, move, edit or remove any User-generated Content that is posted to the Services. 

3.5.3. Without limiting the paragraphs above, We and our designees shall have the right to remove any User-generated Content that violates these Terms or is, in our sole discretion, otherwise objectionable. 

3.5.4. You acknowledge and agree that We do not verify, adopt, ratify, or sanction User-generated Content, and that it is Your sole duty to evaluate and bear all risks associated with the use You make of, including, without limitation, Your reliance on the accuracy, completeness, or usefulness of, the User-generated Content. 

3.5.5. You also acknowledge that We are, and that You engage Us herein as, providers of an interactive computing service. 

3.5.6. We expressly reserve the rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services. 

3.5.7. Furthermore, You acknowledge and agree that, should the Services provide You with an opportunity to interact with a third-party’s service (for example, Facebook, Twitter, etc.) You shall obey such third-party’s terms of service and privacy policy, and in that regard We encourage You to review such terms of service.

3.6. User Feedback. 

3.6.1. All information that You provide to Us by e-mail or other mediums including, without limitation, feedbacks, answers, questions, comments, suggestions, plans, ideas or any similar, shall be, to the extent permitted by law, deemed non-confidential, provided that it is duly anonymized. 

3.6.2. We shall have no obligation to, under such circumstances, protect any information from disclosure. 

3.6.3. Our receipt of Your Feedback shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatsoever, and We reserve the right to freely reproduce, use, disclose and distribute such information to third-parties, to the greatest extent permitted by law.

3.7. Compliance under the Bolstering Online Transparency Act. 

3.7.1. Notwithstanding the foregoing, by and throughout your use, access and interactions to and with the Services and its related content, You may interact with automated online accounts and/or fictitious profiles, which its content, communications and/or responses to You have been generated by, or with the assistance of (a) automated programs or scripts, which dialogues none really exist and have been generated exclusively by programming; and/or (b) real persons that have been contracted or employed by Us (Hereinafter, indistinctively referred to as “Bots”, “Chatbots”, Automated Profiles” or “Fictitious profiles”), both with the aim of enhancing Your amusement experience and providing You with entertaining and conversational services, which stimulate – or attempt – to use our Services more extensively (e.g. stimulate Your intercommunication with another User who is a real human being) and to generally sprinkle some sparkle and excitement into the Services.

3.7.2. We expressly state that none – or substantially none – of the content or actions made by Automated Profiles are the result of, or arise in connection with, a natural person’s profile or otherwise User Content. While these communications may seem genuine, authentic, and personal, they may be broadcast simultaneously to a large number of persons and possess none of these qualities. While their contents may appear to be true, they must be considered as false; while their contents may appear to be sincere, they must be deemed as disingenuous. Sometimes, We may use these techniques or the like for other business purposes, including, but not limited to, those cases in which We monitor and/or investigate into operations, including, but not limited to, allegations that You or others have violated this Agreement.

3.7.3. In strict compliance with the Bolstering Online Transparency Act, where applicable, or any other equivalent regulation that may be applicable, We added tags with creative nicknames to all Automated Profiles to make them easily identifiable for you. These tags will always be displayed on the top bottom right of the User’s identification information.

3.7.4. Furthermore, You acknowledge and agree that other than posts and content generated by Automated Profiles, We have absolutely no control over the nature of any User Content.

3.8. Content of our Partners. 

3.8.1. By using the Services You may be exposed to, interact or otherwise be provided with the following, which shall be hereinafter referred to as “Partners Content”:

a) information and content provided by third-parties; 

b) links to third-party websites or resources, such as sellers of goods and services; and 

c) third-party products and services for sale directly to You.

3.8.2. The Partners Content may contain affiliate marketing links, encoded by third-party partners, through which We may get a compensation for actions executed by You, as for example, when clicking on or making final purchases via that Partners Content. In that regard, You acknowledge and consign to have such Partners Contents utilizing cookies for the purpose of assessing Your use of the Services. 

3.8.3. We are not responsible for the availability of such Partners Content, We do not endorse nor may We be deemed liable, and We shall not undertake any responsibility for:

a) any content, advertising, products, or other materials on or available from Partners Content; 

b) any errors or omissions in Partners Contents, or;

c) any information handling practices or other business practices of the operators of Partners Contents. 

3.8.4. You further acknowledge and agree that We shall not be responsible nor liable, whether directly or indirectly, for any damage or loss materially caused or not by or in connection with the use of or the reliance on any Partners Content. In other words, Your interactions with Partners Content shall be only governed by the relevant third-parties’ own terms of service and privacy policies.

3.8.5. You acknowledge and understand that You may not use the Services in connection with any business, media purposes, or otherwise commercial endeavours (hereinafter, referred to as “Commercial Use”), under penalty of immediate termination and further legal actions.

3.8.6. For the avoidance of doubt, any use of the Services other than personal and consistent with these Terms, including use by competitors and the media, shall be construed as Commercial Use, considered in such case as unauthorized.

3.9. Prohibited Content. 

3.9.1. You promise to refrain from using the Services to post, upload, download, e-mail, transmit, transfer, distribute, display or link to, any User-generated Content that:

a) Uses or exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way;

b) Advocates or promotes illegal activity, discusses any illegal activity, irrespective of intent, or that provides instructions for an illegal activity (in any case, as determined by Us, at our absolute discretion); 

c) May be construed as vulgar, obscene, violent, pornographic, hateful or racially, sexually, ethnically or otherwise objectionable by, or as intended to harass, abuse, or threaten any, person;

d) May imply a moral and ethical reprehensible discrimination, as well as it may degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexuality, disability, etc.;

e) Is deemed as unlawful, harmful, tortious, defamatory, libelous, or invasive to or of other’s privacy or publicity rights;

f) Contains advertising, offers for sale, or sells any item, whether prohibited or not from advertising or selling by any applicable local, state, national, or international law, specially firearms, explosives, or weapons, alcoholic beverages, tobacco products for human consumption including, without limitation, cigarettes and cigars, items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, any controlled substances or pharmaceuticals, any dangerous items, any items that violate or infringe the rights of other user or otherwise third-parties, any items that you do not have the legal right to sell, and any items that, on doing so through the Services, would cause Us to violate any law;

g) Contains any malicious or invasive software, device, instructions, computer code, files, programs or other content or feature including, without limitation, any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any form of malicious code designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or that could otherwise diminish the quality of, interfere with the performance of, or impair the functionality of, the Services;

h) May be used as or for “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), whether directly or indirectly;

i) Obstacles or otherwise prohibits communication or disrupts user discussion;

j) Infringes, or otherwise may contribute to inducing or facilitating the infringement of, third-parties’ intellectual property rights;

k) Contains any trade secrets or other confidential or proprietary information, or any material that You do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;

l) Falsely states or otherwise misrepresents your affiliation with a person or entity, or facilitates or enables You to impersonate any person or entity in a manner that does not constitute parody;

m) Could disable, overburden, or impair the normal functioning of the Services;

n) Violates, or otherwise facilitates violation of, these Terms or any guidelines or Policies posted by Us;

o) Violates the law or encourages conduct that would constitute a criminal offense or give rise to civil liability;

p) Is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants;

q) Interferes with the use and enjoyment of the Services by any other person.

3.10. Forbidden activities. 

3.10.1. The Services shall not be used to violate any applicable local, state, national or international law, including, without limitation, any rules of any governmental authority or agency and their regulations with force of law, whether intentionally or unintentionally. 

3.10.2. The use of the Services for any illegal purpose, or for any other purpose which is not expressly permitted in these Terms, shall be considered as strictly prohibited. Such prohibited uses may include, without limitation, the following activities:

a) Commercially use the Services including, without limitation, for benchmarking or to compile information for a product or service;

b) Sell, rent, lease, sublicense or otherwise transfer or distribute the Services to third-parties;

c) Attempt to or otherwise gain unauthorized access to others’ accounts;

d) Store or collect personally identifiable information about other user or otherwise third-parties for unwarranted or unlawful purposes;

e) Partake in any activities that constitute or aid in software piracy including, but not limited to, making available tools that can be used for no purpose other than for “cracking” software or other copyrighted User-generated Content;

f) Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with our prior written consent;

g) Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the user-available portions of the Services through a browser or accessing the Services through any approved API;

h) Use third-party’s intellectual property, as long as You do not hold any legal title or right for doing so;

i) Violate the restrictions in any robot exclusion protocol of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;

j) Interfere with or disrupt, or attempt to interfere with or disrupt, the Services or our servers and networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

k) Modify, Alter, destroy or otherwise remove any copyright, trademark or other proprietary notices, images or logos displayed, provided on or embedded within the Services;

l) Through misrepresentation or otherwise, solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;

m) Pornography, incest, bestiality, rape, and non-consensual mutilation which is related to children.

n) Impersonate any person or entity including, but not limited to, the Company, its officials or employees, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or make false or misleading indications of origin or fact, employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Services;

o) Frame, inline link, or similarly display the Services or any portion of the Services;

p) Restrict, inhibit, or otherwise interfere with, the use and enjoyment of the Services by any other person.

3.11. Our right to remove User-generated Content.

We reserve the right, in our sole and absolute discretion, to remove any User-generated Content, block access to the Services, and cancel the account of any user deemed in violation of the foregoing.

4. LICENSE; PROPRIETARY RIGHTS

4.1 Your License. We grant You a limited, non-exclusive, non-sublicensable, non-transferable, and revocable, right to access and use the Services only for Your exclusive personal use and benefit, as long as it is in a strictly non-commercial manner.

4.2 Intellectual Property Rights. 

4.2.1. We (and also our subsidiaries) own and hold all rights, title and interest in and to the Services as well as to any content derived, whether in whole or partially, from material supplied by Us and our partners, as well as other sources including, without limitation, associated intellectual property rights (collectively, our “Proprietary Rights”). 

4.2.2. Our Proprietary Rights are protected under the Copyright Law of the United States, as well as under international treaty or provisions regarding trademarks, service marks copyright, trade secret, patent, trademark and other applicable domestic and international laws. 

4.2.3. You acknowledge that the Services have been compiled, prepared, developed, revised, selected, and arranged by Us and others through the application of methods and standards of judgment developed and that We have applied employ a 0substantial time, effort, and money, therefore, any and all intellectual property and trademark rights stemming therefrom are owned by, and that the goodwill associated with the use of such shall inure to Our benefit. 

4.2.4. You also agree to protect Ours and other third-parties’ Proprietary Rights in the Services, both during and after this Agreement’s term, as well as to comply with all reasonable written requests made by Us, our suppliers and licensors of content (collectively referred to herein as “Suppliers”), or otherwise to protect theirs and ours contractual, statutory, and common law rights in the Services. 

4.2.5. In no circumstance shall the Services be considered as sold or assigned to You. Any and all rights not expressly granted by Us are reserved to Us and our subsidiaries or Suppliers. 

4.2.6. You promise to obey all the applicable copyright laws, treaties and regulations, as well as any additional copyright notices or restrictions contained in the Services. 

4.2.7. You shall promptly inform Us whenever becoming aware of an unauthorized access or use of the Services or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. 

4.2.8. All current and future rights regarding to trade secrets, patents, copyrights, trademarks, service marks, know-how, as well as other proprietary rights of any type under the laws of any governmental authorities, including, but not limited to, rights in and to all applications and registrations relating to the Services shall be and remain at all times the sole and exclusive property of the Company.

4.2.9. We are not required to accept non-requested feedback. If You five Us any feedback about the Services, You acknowledge that We will own all rights in and to such feedback, as well as any derivative technologies and compilations based on or developed through or by using such feedback. You hereby undertake to take all reasonably necessary actions to affect the Company’s rights in and to such effect hereof.

4.3 Use of Marks. 

You shall not use any of Our trademarks, trade names, service marks, copyrights, or logos in a way that may seem that such items belong to or are associated with You or, except as otherwise provided herein, in which case You shall obtain Our previous written consent, and You shall acknowledge that You have no ownership rights upon any such items.

5. LEGAL GOVERNANCE

5.1. You hereby acknowledge and allow Us to access, preserve, and disclose Your account information, as well as any User-generated Content You submit or make available for inclusion on the Services, whenever it is required to by law or in a good faith belief when such access, preservation, or disclosure is permitted by our Privacy Policy or is reasonably necessary or appropriate to:

a) to enforce these Terms; 

b) to comply with legal process; 

c) to respond to claims that any content violates the rights of third-parties; 

d) to protect the rights, property, or personal safety of the Company, its agents and affiliates, other users, and the public; or 

e) to address your requests.

6. PAYMENTS FOR PURCHASE ORDERS, CANCEL YOUR SUBSCRIPTION AND REFUNDS

6.1. General terms

6.1.1. When You make a purchase order of Our products or Services (Hereinafter, the “Purchase”), such purchase will be subject to the terms of sale presented on the website or online service where the purchase is made.

6.1.2. You will be able to make the payment for such Purchase with your credit card or debit card (“Payment Method”), which might be processed by a third-party processor. Once you have made a purchase, You authorise us to charge You on Your chosen Payment Method. In the event that the payment is not received by Us after having tried to charge You on Your chosen Payment Method, you agree to promptly pay all amounts due upon demand by Us, moreover, if the recurring payment was refused, we reserve the right to charge a 3$ convenience fee.

6.2. Cancel Your Subscription. 

You may cancel your subscriptions via the settings option under your profile or by contacting our Customer Support Service via the FAQ on this website.

6.3. Refunds

6.3.1. All charges for purchases won't be refundable, and there shall not be either refunds for partially used periods

6.3.2. Any eventual refund will be made, either (a) at our discretion only; or (b) if we are obliged to do so by the applicable laws.

7. WARRANTIES AND DISCLAIMERS

YOU WARRANT TO CURRENTLY BE, AND UNDERTAKE TO REMAIN, COMPLIANT WITH ALL AND ANY APPLICABLE LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION, PRIVACY AND DATA PROTECTION LAWS.

WE WILL MAKE NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS, INCLUDING, BUT NOT LIMITED TO, EMPLOYMENT OPPORTUNITIES.

THE WARRANTIES, IF ANY, APPLICABLE TO EACH PRODUCT EVENTUALLY ADVERTISED OR OTHERWISE OFFERED THROUGH THE SERVICES ARE ONLY PROVIDED BY THE MANUFACTURER OF SUCH PRODUCT, THUS, YOU ACKNOWLEDGE THAT ALL PRODUCTS ARE MANUFACTURED BY THIRD PARTIES.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES OR THAT THE CONTENT YOU MAY RETRIEVE BY OR THROUGH THE SERVICES, NOR THAT THE ACCESS TO AND USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL FUNCTION CORRECTLY TOGETHER WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SYSTEMS, SOFTWARE, DATA OR THE LIKE. 

THE SERVICES AND ANY CONTENT RETRIEVED BY OR THROUGH THE SERVICES ARE PROVIDED AS IT IS, AND ALL CONDITIONS, REPRESENTATIONS AND/OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE SERVICES MAY BE SUBJECT TO EVENTUAL INTERRUPTIONS, LIMITATIONS, DELAYS, AND/OR OTHER PROBLEMS RELATED TO THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS, AND WE SHALL NOT BE DEEMED AS LIABLE FOR ANY SUCH DELAYS, MIS-DELIVERY, UNTIMELY DELIVERY, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL. 

MOREOVER, YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR OTHER MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR EXCLUSIVE DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR HARMS TO YOUR COMPUTER OR ITS SYSTEMS, MOBILE DEVICE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS AS A CONSEQUENCE OF DOWNLOADING SUCH CONTENT OR OTHER RELATED MATERIAL.

UNDER NO CIRCUMSTANCES, WE SHALL BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE SERVICES, ANY LINKS TO OR THIRD-PARTY WEBSITES. WE DO NOT VET OR VERIFY USERS THAT IDENTIFY THEMSELVES AS EXPERTS ON PARTICULAR TOPICS THROUGH THE SERVICES, AND YOU FURTHER AGREE NOT TO HOLD US RESPONSIBLE FOR RELIANCE ON SUCH EXPERTS SHOULD YOU NOT ACHIEVE THE RESULTS YOU EXPECT IN RELYING ON SUCH EXPERTS.

NO ADVICE OR INFORMATION CONCERNING YOU THAT WE OBTAIN THROUGH OR FROM THE SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY.

8. LIMITATION OF LIABILITY

8.1. WE HEREBY DISCLAIM ANY KIND OF LIABILITY, MOREOVER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES MAY THE COMPANY, OR ITS SUBSIDIARIES, BE DEEMED LIABLE FOR YOUR OR ANY USERS’ USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR ANY RELATED CONTENT THEREOF. 

8.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THIS RELEASE INCLUDES THE CRIMINAL ACTS OF OTHERS.

8.3. To the extent permitted by law, in no case We shall be deemed liable for any consequential, incidental, direct, indirect, special, punitive, or other damages, for example, those damages derived from loss of business profits, business interruption, loss of business information, as well as any other loss of pecuniary nature, connected to these Terms or the use or access to the Services. The Company shall not be held liable for the expenses from loss of good will or revenue, or the replacement of products.

8.4. Without limiting the previous paragraphs, Your exclusive remedy and Our total aggregate liability in connection with to the Services or these Terms, regardless of cause or reason, shall be restricted to the actual direct damages incurred by You, up to the highest of the following amounts:

a) The one paid by You directly to Us in consideration for the use of the Services, or;

b) The one corresponding to the Company’s net revenue accrued directly in connection with Your use of the Services through the month immediately preceding the indemnification event. 

8.5. The limitations set forth in this Section shall apply on all and any actions or claims irrespective of cause of action. Such limitation shall also be applicable in regard to the damages incurred by reason of other services or goods received through or advertised on the Services or received through any links provided in the Services, as well as by any information or advice received through or advertised on the Services or got through any links provided in or through the Services. 

8.6. We do not warrant, nor We assume the responsibility for any product or service advertised or offered by a third-party through the Services or any website featured or linked to or through the Services, and We will not be a party to, or in any way be responsible for monitoring, any transaction between You and third-party providers of products or services. We shall not be deemed liable for the offensive or illegal conduct of any third-party, thus, You voluntarily assume the risk of harm or damage from it. 

8.7. The foregoing limitations shall apply regardless of eventual failure of a remedy in its essential purpose and to the fullest extent permitted by law.

8.8. The provided in this Section shall not be deemed as or operate as a waiver of, or otherwise limit, the Company’s ability to obtain injunctive or other equitable relief for breach of these Terms.

9. INDEMNITY

9.1. You agree to indemnify, defend, keep and hold the Company, its officers, directors, employees, members, shareholders, representatives, successors and assigns, harmless and indemnified them from and against any claim, demand or lawsuit, including, but not limited to, reasonable attorneys’ fees, litigation expenses, burden of loss, and any disbursements made by any third-party related to or arising out of Your use of or access to the Services, Your violation of these Terms or Our Policies, as well as Your violation of any applicable law, which includes, but is not limited to, any claims, lawsuits or judicial proceedings with grounds of libel, slander, copyright, and trademark violation; Your non-authorized submission, posting, or transmission of User-generated Content; and your violation of any rights of other persons. 

9.2.  Notwithstanding the foregoing, We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes and, in any event, You undertake to cooperate with Us in asserting any available defenses.

10. ADVERTISERS

10.1. Your commercial dealings with, or Your participation in any promotions of, advertisers found on or through the Services, for example, related to payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be considered as made solely between You and such advertiser. 

10.2. You acknowledge that We shall not be considered responsible nor liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.

11. TERMINATION

11.1. These Terms are made effective on the date of Your acceptance, and shall remain so until terminated by either of the Parties in accordance with the provided hereunder.

11.2. We have the right to immediately terminate or suspend Your access to the Services for the following causes (which will be determined at our sole discretion):

a) for any conduct that violates any local, state, federal, or foreign laws or regulations.

b) whenever You fail to comply with any provision under these Terms or the Policies.

c) for any type of conduct that We may reasonably deem at our sole discretion to be directly or indirectly harmful to others. 

d) for any conduct that We may reasonably deem at our sole discretion to be in violation with a third-party right, as for example, copyright, trademark and rights of privacy and publicity.

e) for any conduct that We may reasonable deem to be in violation under the Prohibited Activities or Prohibited Sections hereto. 

f) interference with the proper functionality of the Services.

g) in the event that You provide any information, including registration information, that is false, inaccurate, out-of-date, or incomplete.

h) it is requested by a law enforcement or government agency.

i) there are extended periods of inactivity.

j) there is a discontinuance or material modification of the Services (or any part thereof).

k) there are unexpected technical or security issues or problems.

l) there are activities related to protecting the rights, property or safety of the users and the public.

11.3. We will fulfil our obligations to You related to any order outstanding at the time of termination. Otherwise, should We terminate your right to access the Services on any of the grounds listed hereinabove, these Terms and all rights You have to access the Services will immediately cease.

11.4. You may terminate Your use of the Services by means of the proper channel available for that purpose under your account’s administration panel. Should You terminate your account, You shall remain liable under these Terms for any purchase made prior to such termination.

11.5. Without prejudice to any of the above, unless explicitly stated, all covenants, agreements, representations, warranties and undertakings that are reasonable required to, shall survive the termination of Your access to the Services, however so arising, until their complete or otherwise sufficient fulfillment, or upon due and lawful release of such.

12. GOVERNING LAW AND COMPETENT JURISDICTION

These Terms are governed by and interpreted in accordance with the laws of England and Wales. Any and all actions seeking legal or equitable relief arising out of or relating to these Terms shall be brought, subject to, and be finally resolved, exclusively in the competent courts of England and Wales.

13. CLASS ACTION WAIVER

* YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION, BECAUSE IT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHTS TO FILE A LAWSUIT IN COURT.

THIS SECTION SHALL BE INTERPRETED BROADLY AND GOVERNS, OTHER THAN THE LITIGATION OF CERTAIN INTELLECTUAL PROPERTY AND SMALL COURT CLAIMS AS PROVIDED HEREINBELOW, ANY AND ALL DISPUTES, CONTROVERSIES AND CLAIMS BETWEEN US, FOR EXAMPLE, CLAIMS ARISING OUT OF OR RELATING TO ANY ASPECT OF THE RELATIONSHIP BETWEEN US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY; CLAIMS THAT AROSE BEFORE THESE TERMS OR ANY PRIOR AGREEMENT INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO ADVERTISING; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS (HEREINAFTER, REFERRED TO AS “DISPUTES”).

MOREOVER, WE AND YOU AGREE THAT ANY EVENTUAL DISPUTE RESOLUTION HEREOF SHALL BE CONDUCTED IN THE PARTY’S RESPECTIVE INDIVIDUAL CAPACITIES ONLY, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IN THAT REGARD, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US EXCLUSIVELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

HOWEVER, WE OR YOU MAY BRING ENFORCEMENT ACTIONS, VALIDITY DETERMINATIONS OR CLAIMS ARISING FROM OR RELATING TO THEFT, PIRACY OR UNAUTHORIZED USE OF INTELLECTUAL PROPERTY RIGHTS IN THE COMPETENT JURISDICTION OR WHEREVER IS DETERMINED BY THE APPLICABLE LAWS TO PROTECT SUCH INTELLECTUAL PROPERTY RIGHTS. EITHER PARTY MAY ALSO SEEK RELIEF IN A SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THE SCOPE OF THAT COURT’S JURISDICTION.

THIS CLASS ACTION WAIVER SECTION SHALL SURVIVE ANY TERMINATION OF YOUR USE OF THE SERVICES.

14. FORM OF NOTICE

14.1. Any and all notices or other communications or deliveries that We might send to You shall be deemed given and effective when doing so: 

a) to the the e-mail address provided by You during Your registration, which can be found in your Registration Data, and shall be deemed duly served upon dispatch, or; 

b) by means of posting a notice through the Services or on the website. 

14.2. In the event that a notice is sent by You to Us, such notice shall be deemed duly served upon receipt, at the addresses designated on the Services, on Our website or otherwise to the address listed in the following paragraph. 

14.3. If You need any further clarifications regarding these Terms, You can contact Us at the following e-mail address support@truebootycall.com, or at Our physical address which is at Office 4B, 9A Bank Street, Braintree, CM7 1UG, United Kingdom.

15. GENERAL TERMS

15.1. Severability. In the event that a section, provision, clause or paragraph of these Terms is deemed as invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining sections, provisions, clauses or paragraphs shall not in any case be affected or impaired thereby and they shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

15.2. Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You shall not transfer or assign these Terms or any rights or obligations which are herein provided, by operation of law or otherwise, whether directly or indirectly, without the Company’s prior written permission. Moreover, without need of Your prior written consent, We reserve the right to unrestrictedly assign, sublicense, delegate or otherwise transfer any of the rights or obligations under these Terms to any third-party, whether whole or partially.

15.3. Force Majeure. In the event that We, our suppliers, or Our licensors, are unable to perform Our obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, We, our suppliers, or our licensors, shall not be liable for any damages resulting from such failure to perform or otherwise from such causes.

15.4. Miscellaneous. The captions in these Terms are included for convenience of reference only and in no way define or delimit any of the provisions hereof or otherwise affect their construction or effect. If any provision of these Terms shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Terms shall not be affected thereby. These Terms shall be binding on, and shall inure to the benefit of the parties hereto and their respective successors.

15.5. Forbearance. No failure, whether by Us or by You, to enforce any right or provision under these Terms shall be construed as or constitute a waiver of such right or provision. No waiver under these Terms shall become binding unless made in writing. No waiver under these Terms shall be deemed a further or continuing waiver of such term or any other term.



Last Updated Date: 2022-03-25 15:20:58.