PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING
THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
Terms & Conditions
MyCheekyDate & MyCheekyDate Matchmaking shall for the purpose of this content be referred to as MyCheekyDate throughout the Terms & Conditions of this website. Our Speed Dating Events are reliant on an equal guy to gal ratio of attendees. While we do try to work with our daters and strongly encourage daters to be understanding of each others schedule changes, we do ask daters to please notify us with as much notice as possible in order to replace your reservation. Should last minute cancellations, reschedules or weather cause the event to be rescheduled, you will receive your original credit which can be used for any event, in any city, at anytime. Tickets/Credits may also be transferred to a friend. Your purchase will not be issued a refund. All sales are final.
Matchmaking
Participants of our Matchmaking Packages are expected to attend Matchmaking events at no additional cost. Attendance is an important part of the process and an excellent opportunity for us to get to know you better, for you to get to know our daters and for us to see who is drawn to you. As well, many Matchmaking daters find our events the perfect way to learn a bit more about themselves in the process.
Matchmaking “Date-Nights’ are based on mutual interest. If after several good faith attempts to find a suitable match, your challenges cannot be met by fellow daters, we reserve the right to transfer the value of your package to our events, without expiration.
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Definitions
In these Terms and Conditions the following words have the following meanings unless the context requires otherwise:
a) "Agreement" means the agreement between the User and MyCheekyDate and its subsidiaries, including but not limited to MyCheekyDate.com, incorporating these Terms and Conditions for the provision of the Service;
b) ”Applicant” a person applying/registering for an event
c) ”Intellectual Property Rights” means all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trademarks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
d) ”Liability” means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
e) ”Other User” means any person who browses the Web Site;
f) ”Posting” means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases “Post” and “Posted” shall be constructed accordingly;
g) ”Profile” means the section of the containing details, photographs and/or information about the User composed and Posted by the User;
h) Service” means the service provided by MyCheekyDate to the User including, but not limited to, MyCheekyDate allowing the User to browse the Web Site, to contact and/or to be contacted by other Members through the Web Site and/or to Post information on the Web Site;
i) ”Terms and Conditions” the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by MyCheekyDate at its full discretion at any time and published accordingly on the Web Site.
j) ”User” means the person whose application for membership of the Service is accepted by MyCheekyDate.
k) ”Web Site” means the web site at URL www.MyCheekyDate.com (or any such other URL that MyCheekyDate may use to provide the Service from at their discretion)
Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
Your Acceptance of the Terms and Conditions
These Terms and conditions constitute a legal agreement between you, as a visitor to the Site, and Us. Any information provided by you is also subject to Our Privacy Policy, which is incorporated by reference into the Terms. By using the Services, You acknowledge and agree that you have read and agree to the terms in Our Privacy Policy. Additional terms and conditions of use may also be posted directly on other areas of the Site, and together with the Terms, as amended from time to time, are collectively referred to as the “Agreement.” You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You do not agree to the modified terms for a Service, You should discontinue use of Service.
You agree to be bound by the terms and conditions of this Agreement, and any modifications thereof, as long as You continue to access and use the Services. Because of the possibility that the Agreement could change between visits, You also agree to check the Terms of the Agreement each time You return. Your continued access to or use of Our Site Content (defined below) shall be deemed Your conclusive acceptance of modifications to this agreement.
Eligibility
To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours, have intentions of collecting or utilizing our Content for your own purposes or if we have previously banned you from the Website.
The applicant have to be at least 18 years old. No exceptions. Use MyCheekyDate services, participate in an event and website as much as you want, but you’re not allowed to resell the service purchased, or other information obtained, through the website. The Applicant must be sure he/she has not been convicted of any offense relating to violence or any offense under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or
If you register for an event, you will be responsible to keep the login information secret. You’re responsible for anything that happens using your account.
The warranties and representations set out in these section shall be continuing for the duration of any register event. Accordingly, if the applicant becomes convicted of any offence relating to violence or any offense under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); or becomes subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act), then the applicant must immediately notify MyCheekyDate and cease and desist from using the Services forthwith. The applicant shall be considered terminated immediately.
Permission to Use the Website
We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Site Availability
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by this Website.You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Advertising
We, and our licensees, may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Links to Other Sites And / or Materials
As part of MyCheekyDate services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”) these links are provided as a courtesy to MyCheekyDate Services. However, MyCheekyDate has no control over such Sites and Third Party Applications, Software or Content or the promotions, materials, information, offers or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us;
So therefore MyCheekyDate is not responsible for any Third Party Sites accessed through our website or any Third Party Applications, Software or Content posted on, available through or installed from MyCheekyDate website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by MyCheekyDate Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
If you decide to leave MyCheekyDate website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Hence, you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from the supposed site.
Our Contract obligation
This is a legally binding agreement between the User and MyCheekyDate for the provision of the Service.
a) The Terms and Conditions of use shall govern the Agreement between the User and MyCheekyDate to the exclusion of any other terms or conditions.
b) The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by MyCheekyDate from time to time at their full discretion
c) The Terms and Conditions as amended by MyCheekyDate from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
d) We reserve the right to vary the Terms and Conditions at any time. If MyCheekyDate in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be posted on the Web Site from time to time as applicable.
e) MyCheekyDate employees, including sub-contractors and agents of MyCheekyDate are not authorized to make any representations or warranties concerning the Service unless confirmed by MyCheekyDate in writing.
f) California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
g) The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
h) MyCheekyDate reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User, Applicants or Other Users.
i) MyCheekyDate shall have the right to refuse to register applicant for an Event and to terminate participation at any time.
j) The Agreement between the User and MyCheekyDate shall come into effect on the acceptance by MyCheekyDate of the application of the User for participation. No application for participation shall be deemed to be accepted by MyCheekyDate until the User has received confirmation of the participation from MyCheekyDate by e-mail.
k) The User will not be able to contact other participants or read and reply to other participant messages until MyCheekyDate has received payment.
MyCheekyDate reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
Copyright and Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of MyCheekyDate and MyCheekyDate.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by MyCheekyDate and MyCheekyDate.com under the copyright laws of the United States and other countries. MyCheekyDate may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. MyCheekyDate reserves all rights not expressly granted in and to the Website and the Content.
Unless otherwise noted, MyCheekyDate and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of MyCheekyDate and MyCheekyDate.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of MyCheekyDate and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.
PCI DSS GDPR Compliance
Payment Card Industry Data Security Standards (PCI DSS) refers to the global information standard set by the payment card industry to assist with the prevention of payment card fraud.
MyCheekyDate’s most valuable assets are its customers and partners; we value and care about their security, and for this reason we undertook the very rigorous process of becoming PCI DSS certified globally.MyCheekyDate warrants that it is PCI DSS compliant and its partners must remain compliant for the duration of this Agreement. MyCheekyDate.com and its partners will store, process and transmit all cardholder data in accordance with the PCI DSS.
User Obligations
The User undertakes not to:
Post personal contact details in the relevant User’s Profile, including but not limited to the Users telephone number, address, e-mail address or URL in the relevant User’s Profile nor will the User Post any other information which would allow Other Users or participant to contact the User directly.
transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
use the Service to promote another site, service or business in any way including but not limited to Posting any personal e-mail addresses, URL's or other personal telephone numbers in the respective User’s Profile;
solicit other users business, or to buy or sell products or services through the Service;
misuse in any way the Service or any information Posted on the Service;
attempt to gain unauthorized access to any information available on the Service or to any of the networks used in providing the Service;
Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other users Profiles) other than for the purposes contemplated in this Agreement;
Post any chain letters or junk e-mail to other users;
in any way assign, transfer, part with or authorize any other person to use, the User’s registration;
transmit, Post or email to any other user any information, pictures or other material, which in the opinion of MyCheekyDate is sexually explicit, racist, abusive, threatening, libelous or obscene; and/or
transmit, Post or email to any other user any information, pictures or other material, which in the reasonable opinion of MyCheekyDate is capable of offending Other Users’ political or religious beliefs.
Termination
The User fails to make any payment to MyCheekyDate when due;
the User breaches the terms of this Agreement;
the User persistently breaches the terms of this Agreement;
the User fails upon request to provide MyCheekyDate with sufficient information to enable MyCheekyDate to determine the accuracy or validity of any information Posted by the User; and/or
in MyCheekyDate’s reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of MyCheekyDate’s business, then MyCheekyDate shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in these terms.
If any of the events set out in these terms above occurs in relation to The User
MyCheekyDate may terminate this Agreement with immediate effect
MyCheekyDate may immediately suspend or terminate the User’s access to the Service without notice; and/or
All payments owed by the User to MyCheekyDate shall become immediately due and payable.
Any failure by MyCheekyDate to enforce our rights to terminate the Agreement upon a breach of the terms of this Agreement by the User does not constitute a waiver of our rights and MyCheekyDate reserves to enforce our rights at any time.
To obtain written consent see our permissions agreement
Once written consent is given in the form of a signed permission agreement, the following restrictions apply:
The content may be used for informational, non-commercial purposes only
Any copy of content or portion thereof must include MyCheekyDate cite line as “copyrighted and published by MyCheekyDate, no part of this document may be reproduced without written consent”
MyCheekyDate has the right to revoke such authorization at any time, and any such use must be discontinued upon notice from MyCheekyDate
User Consent To Receive Communications In Electronic Form
For contractual purposes, you (a) consent to receive communications from MyCheekyDate in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that MyCheekyDate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
MyCheekyDate may also use your email address, to send you other messages, including information about MyCheekyDate features and special offers. You may opt out of such email by changing your account settings or sending an email to info@MyCheekyDate.com - Opting out may prevent you from receiving messages regarding MyCheekyDate Services or special offers.
Accuracy, Completeness and Timeliness of Information
Despite our best effort to make all information on this website accurate, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Restrictions
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
Waiver
A waiver by us of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of MyCheekyDate and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
Third Party Websites
The Website may include links to other websites or applications (each, a "Third Party Website"). We do not control or endorse any Third Party Website. You agree that we are not responsible for the availability or contents of such Third Party Websites. Your use of Third Party Websites is at your own risk.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any MyCheekyDate Services, events or information available through this Website meet your specific requirements. The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the contents, design, layout, look, appearance and graphics. MyCheekyDate service is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced on this Website which are not the property of, or licensed to, the MyCheekyDate are acknowledged on the Website.MyCheekyDate, cannot and does not guarantee or warrant that files available for downloading from the Internet will be reliable, accurate or free of viruses or other harmful code, complete, legal or safe.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. We cannot or do not guarantee uninterrupted availability of the www.MyCheekyDate.com Website and cannot provide any representation that using the Website will be error free.
Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event will MyCheekyDate.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if MyCheekyDate.com knows or has been advised of the possibility of such damages. MyCheekyDate.com is not responsible for any expenses that you may have related to communicating with users on our site but outside of using our services our services (including, but not limited to expenses related to event, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, MyCheekyDate.com's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to MyCheekyDate.com for the Service during the term of usage.
Assignment
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MyCheekyDate’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MyCheekyDate may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Indemnification
You agree to indemnify, defend, and hold harmless MyCheekyDate.com, MyCheekyDate, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
Our GDPR obligations
We undertake to:
Process the personal data within the Services specified in this TERMS only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests for exercising the data subject's rights;
Assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to us;
At your choice, delete or return all the personal data to you after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of the personal data;
Make available to you information necessary to demonstrate our compliance with the obligations laid down in this TERMS.
Trademark Guidelines
MyCheekyDate (MyCheekyDate) counts among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the MyCheekyDate trademarks and logos is a priority for MyCheekyDate and associated companies.
These Trademark Guidelines contain detailed information about how to refer to MyCheekyDate trademarks. These Trademark Guidelines are designed to ensure proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage.
Prohibited Uses
Do not use the MyCheekyDate, MyCheekyDate.com the MyCheekyDate logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with MyCheekyDate, MyCheekyDate.com or authors of MyCheekyDate.com.
Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the MyCheekyDate registered marks trademarks.
Logos: You may not use the MyCheekyDate logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from MyCheekyDate.com.
Domain Names, Meta tags, Hidden Text: You may not incorporate the MyCheekyDate registered marks or trademarks in any domain name, Meta tag, or other hidden text in a web page without prior written authorization from MyCheekyDateMyCheekyDate.com and associated companies.
Internet Advertising Keywords: You may not use or incorporate the MyCheekyDate registered marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from MyCheekyDate.com and associated companies.
Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the MyCheekyDate registered marks or trademarks without first obtaining a written license from MyCheekyDate.com.
Our EU Data Protection Act
When the User register or user our platform or perhaps send us email, the User’s data is transmitted over an unprotected public network. Such data may be transmitted across international borders even if both the sender and receiver are located in the same country. Transmission takes place in the form of separate coded packets, but the details of the sender and receiver are not encrypted. It is therefore possible for unauthorized third parties to gain access to such information and infer the existence of contacts with MyCheekyDate
By using our email information, the User gives us permission to reply to the User one or more times via email. MyCheekyDate is not responsible for any damage resulting from the use of email. Furthermore, the email information may not always be available, owing to technical reasons beyond the control of MyCheekyDate
MyCheekyDate collects data (through cookies or web beacons) regarding visits to the Site (including the User’s IP address) which are used for statistical or security purposes, for monitoring the system, for management and marketing purposes, and in order to comply with legal and regulatory obligations. These data are anonymous. MyCheekyDate only collects data that identifies the User when such data are supplied voluntarily. In this case, MyCheekyDate may use such information for the same purposes as data collected regarding visits to the Site. Appropriate security measures are taken to ensure that third parties cannot gain access to such information.
MyCheekyDate reserves the right to communicate personal data to external information providers, while ensuring that such providers handle the information confidentially. MyCheekyDate may, however, be required by law, a court order or an administrative decision to communicate personal data to third parties
DMCA Notice
MyCheekyDate.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on MyCheekyDate.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to: info@MyCheekyDate.com
Governing Law and Jurisdiction
These Terms and condition and your use of MyCheekyDate website are governed by the laws of the city of Calabasas. Each party shall apply to all Calabasas Courts in Los Angeles County, California which holds the jurisdiction on the disputes without regard to conflict of law provisions.
You may not assign or delegate any rights or obligations under the Terms and condition or Privacy Policy without MyCheekyDate prior written consent, and any unauthorized assignment and delegation by you is void.
Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the Los Angeles Courts and Arbitrary laws. If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or MyCheekyDate’ services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles.
Any dispute or claim relating in any way to your visit to or use of the Website or services sold or distributed by MyCheekyDate.com or through MyCheekyDate.com shall be resolved in the following manner.
Dispute Resolution
Law and Forum for Legal Disputes
Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the services we Offer or these Terms shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate Los Angeles State Court. (except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below) and shall be governed by the laws of the City of Calabasas regardless of your country of origin or where you access our services. You and MyCheekyDate agree to submit to the personal jurisdiction of the courts located within Los Angeles County, for the purpose of litigating all such Claims. Notwithstanding the above, you agree that MyCheekyDate shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Agreement and Option
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
a) The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
b) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c) Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
d) Informal Process First. You agree to first contact MyCheekyDate.com Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
Binding Arbitration
If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
Arbitration Tribunal
The American Arbitration Association (“AAA”) will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the Calabasas Court located in Los Angeles County. The parties irrevocably consent to the jurisdiction of the courts of the State of Los Angeles for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
Location of Arbitration
The arbitration will be conducted in Calabasas, Los Angeles, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
Starting an Arbitration
A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
Injunctive Relief
You acknowledge and agree that any violation or breach of the Terms may cause MyCheekyDate immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and MyCheekyDate reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to MyCheekyDate in law or in equity, MyCheekyDate may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
Copyright License
Copyright (c) 2020(s) of first publication MyCheekyDate
Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in MyCheekyDate website and the material on our website; and. All the copyright and other intellectual property rights in MyCheekyDate website and the material on our website are reserved.
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MyCheekyDate and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to MyCheekyDate Copyright © 2020, MyCheekyDate LLC and MyCheekyDate. All rights reserved.
Data Protection Policy
This Policy Intends To Provide The Visitors Of (Hereinafter: Website) With Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To the EU GDPR Data Processing Act. We process your personal data in accordance with our Privacy Policy.
CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), MyCheekyDate.com follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email info@MyCheekyDate.com and your account will be permanently removed from our system.
Contact Us
If you have any questions about these Terms & condition, please contact us at Email: info@MyCheekyDate.com