Användarvillkor | brazilcupid.staging1.core.dating

Användarvillkor

(Last Updated 16 May 2024)

1. Website

1.1 Acceptance of Terms of Use

The use of this website is conditional upon your acceptance of these Terms of Use and our Privacy Statement. You will be deemed to have accepted these Terms of Use and our Privacy Statement by continuing to use this website, regardless of whether or not you register as a member. We may change these Terms of Use and our Privacy Statement at any time. If we do, an amended version of the Terms of Use and Privacy Statement will be posted on the website. You are responsible for ensuring that you regularly review the Terms of Use and Privacy Statement. If you are a member of the website and the changes to the Terms of Use and Privacy Statement are material, we will use our best endeavors to notify you of the changes directly using the contact information you have provided.

If you do not agree to these Terms of Use you must not use this website.

1.2 Terms of Use dependent on residency

(a) If you are a resident of an EU Country clause 16.7 and clause 18.8(a) will apply to you (but not clause 18.8(b)).
(b) If you are a resident of a country that is not an EU Country clause 18.8(b) will apply to you (but not clause 18.8(a)).
(c) If you reside in any of the following states of the USA, then clause 16.3(a) applies to you: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin.
(d) If you reside in any of the following states of the USA, then clause 16.3(b) applies to you: California, Illinois, New York, or Ohio.

1.3 User agreement

These Terms of Use constitute the agreement between you and the Company (as defined below) in respect of your use of the Service and the Website (the "Agreement").

1.4 Contact

This website is operated by SOL Networks Limited, which is an Maltese registered company. The Company is registered for European Union Value Added Tax. You can contact us on any of the following methods:

Online support form: Click here (use this option for fastest service)

Email: team@brazilcupid.staging1.core.dating

Telephone: +61 7 5571 1181

Fax Number: +61 7 3103 4000

Post: BrazilCupid, 71 Tower Road, SLM 1609, Sliema, Malta

To contact us regarding a privacy matter or enquiry regarding the collection and use of your personal data, please refer to our Privacy Statement.

If you are based in the European Union or the United Kingdom, you can contact SOL Networks Limited for data protection matters. In addition to contacting us using our above contact information, SOL Networks Limited can be contacted in regard to matters related to the processing of your personal data at the following address:

Name: SOL Networks Limited
Address: 71 Tower Road, SLM 1609, Sliema, Malta
Privacy Issue Email: team@brazilcupid.staging1.core.dating

2. Membership

2.1 Eligibility

You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms of Use.

2.2 Formation of contract

By registering as a member you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the "Make Payment" button in the final step of the upgrade-process, you enter into a binding contract regarding the chosen upgrade option at the given price.

2.3 Membership

(a) You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
(b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority.
(c) You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.
(d) Depending on how you are using our Service, your needs and preferences, with the purpose to provide you with optimal matching possibilities, we may register you with our friendly services, operated by the Company or its affiliated companies ("Friendly Services"). You may receive marketing information from these Friendly Services depending on your profile settings and our matching algorithm. To stop receiving correspondence from the Friendly Services you can click the unsubscribe link found at the bottom of each email you receive, by reaching out to our support team (see clause 1.4 above or our website) or by changing the settings in your profile on the particular Linked Service.

2.4 Subscription plans and fees

Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.

2.5 Free trials and other promotions

Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.

2.6 Payment

(a) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions and Paid services can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership or relevant purchase page. Prices are stated in the currency shown on the relevant page and include all applicable taxes unless otherwise stated.
(b) Your membership or Paid services will be automatically renewed. You can opt out of auto-renewal at any time. If you have not opted out, then, the subscription and purchase will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions in the Help section of the website.
(c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select or to Paid services you opted-in, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorization has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
(d) We may at any time change our price for a subscription or Paid services. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) or make a purchase of Paid services after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price.
(e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.

2.7 Terms of Use of payment services

When using third party payment services, you must accept and abide by the Terms of Use of those payment services.

2.8 Terms of Gold, Platinum and Diamond memberships, Coins

Please be aware that paying subscribers are divided into Gold, Platinum and Diamond members (provided at the Company's discretion). Only Platinum and Diamond users can access advanced matching, translate messages and double spacing in search results and also benefit from free Coins included. Only Diamond users can access message prioritization, priority support and highlight their profile in search results.

Coins are used to pay for Paid services such as sending virtual gifts or communicating with the Streamers.

Cost of Paid services in Coins:

Service Coins
Message in private chat to the Streamer 10
View photo or video of the Streamer 150
Send photo or video to the Streamer 150
Send sticker to the Streamer 50
Send animated smile to the Streamer 10
Send virtual gift to another user 10 - 4990

Unused Coins expire 365 days after their purchase date.

2.9 Password security

As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

2.10 Verification of identity

We may from time to time request a form of identification to verify:

(a) your identity;
(b) the information provided by you;
(c) your payment or billing information; and/or
(d) your compliance with our Terms of Use.

3. The Service

The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you.

4. Use of the Service

4.1 Own risk

You acknowledge that your use of the Service and the Website is solely at your own risk.

4.2 Accurate information

You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.

Without limiting the above, you must not transmit or post on our website, any images that contain:

images of any person other than you;
nudity;
images of other objects that do not contain you;
a cartoon or illustration (even if it is of you).

4.3 Information not confidential

You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Statement and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Statement and any applicable laws. Specifically, you consent to the Company using material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant dating site owned and operated by the Company. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.

4.4 Information available overseas

(a) Any profile information that you have provided to us will be publicly viewable on your profile, irrespective of the location of the viewer. By creating a profile, you acknowledge that overseas recipients will be able to view your profile.
(b) The Company globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence.
(c) The Company globally utilizes contractors, which may be located in a country other than your country of residence, to conduct background and criminal history checks on individuals.
(d) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data.

(e) You expressly consent to the transfer and storage of Personal Data to our members, employees and the third parties as contemplated in clauses 4.4(a) to 4.4(d) of these Terms and in our Privacy Statement, where such members, employees and third parties are located in countries other than your country of residence, in full knowledge and appreciation of the risks that may be associated with such transfers and storage, particularly where such countries do not have the same or a similar level of protection as that in your country of residence. All transfers will be facilitated by SOL Networks Limited in accordance with the terms of our Privacy Statement. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.

4.5 Copyright assigned

You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company for use within the scope of these Terms of Use. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.

4.6 Legal access

You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.

4.7 Exposure to viruses

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.

4.8 Content of profile

(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
(b) You agree that you will not upload or post onto your profile or the Website any content which:

(i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or
(ii) depicts, describes, identifies or alludes to any person other than yourself.

4.9 Interaction with members

You are solely responsible for your interaction with other members of the Service.

4.10 Negative covenants

You represent, warrant and covenant that:

(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
(c) you will not use the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence;
(d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;
(e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(f) you will not use the Service or the Website for any unauthorized commercial purposes;
(g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website;
(h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the "report abuse" function on the member’s profile;
(i) you will not solicit or attempt to solicit passwords from other members;
(j) 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;
(k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;
(m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;
(n) you will not use non-human or automated bots to login to the Service;
(o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive ("Offensive Conduct"). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;
(p) you are over 18. All members of our websites are required to be over 18. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.

4.11 Notification of Copyright Infringement

(a) The Company respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to The Company:

(i) Your contact details – including address, telephone number, and email address;
(ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(iii) A description of the work or other intellectual property that has or is suspected to have been infringed;
(iv) The name of the website where the suspected infringing material is located;
(v) A description of where the suspected infringing material is located on the Website;
(vi) A statement from you which:
(A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law;
(B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Notices may be sent to:
brazilcupid.staging1.core.dating, 71 Tower Road, SLM 1609, Sliema, Malta
Email: team@brazilcupid.staging1.core.dating

4.12 Use of images

In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may:

(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content;
(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
(c) license others the same rights granted to the Company in clause 4.12(a) and 4.12(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.

4.13 Mail order bride marriages

This Website does not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to its users. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages.

If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 17 will apply to your breach of any legislation prohibiting marriage-matching.

4.14 Territorial restrictions

The Service of the Website and/or mobile application cannot be used
(i) by the residents of Cuba, Iraq, Libya, North Korea, Iran, Syria, Republic of Belarus, Russian Federation, territories occupied by the Russian Federation, or any other Country to which the U.S. and/or EU has embargoed goods; or
(ii) by anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By using the Service of the Website, or the mobile application, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

5. Information

5.1 Monitor information

We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms of Use. To ensure that we provide the highest level of service and the safest online environment to our customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.

5.2 Editing Information

While we do not and cannot review all messages or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.

5.3 Security of information

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Statement. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.

You further expressly consent to our transmission of your Personal Data to permitted third parties, both within and outside of the jurisdiction in which you reside, in full knowledge of the risks associated therewith, particularly where such other jurisdictions do not have the same or a similar level of protection as that in your country of residence. You are entitled to revoke your consent, or object to our use of your Personal Data at any time in accordance with the processes set out in our Privacy Statement.

Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

6. Restricted use

Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as member. You are authorized to print a copy of any information contained on the Website for your personal use, unless printi