Terms of Use for DATINGAMERICAN.COM

Last updated: May 4th 2024

Welcome to DATINGAMERICAN.COM, a service provided by Ambervine Limited ("we," "us," "our", “Site”, “Company”, “Platform” or “Service”). By accessing or using our website, mobile application, and services (collectively, "Service"), you agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you must not access or use our Service.

1. Acceptance of Terms

By creating an account, browsing profiles, or using any service offered by the Platform, you agree to these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you are using our Service on behalf of an organisation, you agree to these Terms on behalf of that organisation.

2. Eligibility

You must be at least 18 years old to use our Service. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with us.

Age restriction: this Service is intended for use by those over the age of 18 years (or 21 years in US states AL, MS, NE, WY, and any other location where 18 is not the age of majority). No one under that age should carry out any activity whatsoever based on the information on this Service.

If you are:

Under the age of 18 years (or 21 years in US states AL, MS, NE, WY, and any other location where 18 is not the age of majority), or;
Are over the age of 18 years (or 21 years in US states AL, MS, NE, WY, and any other location where 18 is not the age of majority) and do not wish to be exposed to text or media content of an adult and sexually explicit nature, or disagree with any of the terms here, please leave the site immediately.

3. Membership and Subscription

You may register as a member ("Member") to use the Service for free. As a Member, you will gain access to some but not all of the features and functionality of the Service. To gain more extensive access to the Service, including the ability to communicate with other Members, you must become a paying subscriber ("Subscriber") and pay the relevant Subscription fee that is shown on the payment page. Members and Subscribers to be collectively referred to as "Users" in the context of this Agreement.

4. Billing and Payment Policy

By registering as a Subscriber, you agree to pay the Subscription fees you selected from the relevant Subscription package options set out on the payment page. You give your permission for the Company and its billing provider to retain your payment information and charge your chosen payment provider for use of the Service.

Please note that for your convenience, the Company operates some automatic renewal billing plans. This means that your Subscription may continue indefinitely until it is cancelled by you. You will be billed at the same rate that you signed up for using the original payment method. We will only bill you for these repeat payments when your current Subscription period expires and not before.

Having read and understood these terms, you agree that your account will be subject to this automatic renewal feature.

The Company occasionally runs trials and offers for its Subscription Services at discounted rates. Subscribers to such trials and offers will be automatically renewed at the end of the initial period at the standard non-discounted Subscription rate specified when they agreed to purchase the trial Subscription unless they cancel their Subscription before the initial period expires.

All Subscribers are able to cancel their Subscription at any time. For details, please see Section 5: Term and Termination.

You agree to provide true, current, accurate, and complete information about yourself as requested. You agree to keep this information up to date and current (to include any change in billing address, card number, or expiry date). You agree and acknowledge that you are responsible and remain liable for all Subscription fees that are made using your account details, up until the point of notification by you to the Company of any unauthorised use of your account details. We shall not be held responsible nor liable for any loss or damage arising from your failure to comply with these provisions.

When you opt to purchase your membership via one of our third-party payment partners, you will be subject to their terms and conditions.

5. Term and Termination

This Agreement will remain in full force and effect whilst you use the Service and/or are a Member or Subscriber. All billing cancellations must first be requested via the Cancel Automatic Billing Renewal Request Form via the helpdesk in the members' area. In order to process the cancellation of your subscription, the form must be fully completed and returned to Customer Support.

If you cancel your Subscription, you will still continue to enjoy and receive all your subscriber benefits until the end of your then paid-for Subscription period, after which time these benefits will cease.

Cancelling your Subscription does not automatically delete your Member profile. Even if you cancel your Subscription, you will still remain a Member and can continue to use the Service as a Member, and your profile will remain visible to other users of the Service. If you wish to remove your profile and data from the Service, you can do so at any time by following the instructions on your 'Membership' page.

The Company reserves the right to terminate or suspend your Membership or Subscription at any time and for any reason, with or without notice, including but not limited to breach of this Agreement. Any abusive, threatening, fraudulent, obscene, or illegal activity on the Service or conduct or activity that may affect the enjoyment or use of the Service by other Members or Subscribers may be grounds for termination. Cases of fraudulent or illegal activities may be referred to the appropriate law enforcement agencies. After your Membership or Subscription is terminated for any reason, all terms of this Agreement shall continue in full force and effect.

Member participation policy — Member participation is defined as where a Member has uploaded media, sent or read messages, uploaded any written content to the site, liked or matched other members, since the membership subscription was activated.

6. White Label Network

This Site is part of a broader network operated in conjunction with various partner services. By joining the Serivce, you acknowledge and agree that any content you provide may be accessible and searchable by users across this network, including those who might be using different services managed by us.

Additionally, you recognize that users you interact with may have registered through partner services different from the Site.

We use specific classifications and filters across our services to manage access and interactions. By creating an account on this Platform, you consent to our use of these classifications on your profile data. This approach may influence the visibility of your profile to other users, their profiles to you, and the communication options available among users within the network.

7. Safety and Account Security

Our Service is designed for entertainment purposes, and you should use it bearing in mind the inherent risks. We prioritise your safety and security; however, it's crucial that you exercise discretion and caution when sharing personal information with others on the platform.

Please be aware that the Platform does not perform criminal background checks on its members, nor do we verify the accuracy of the information provided by users. It's possible for users to provide misleading information, and not all criminal records may be accessible online. Therefore, when engaging with the service, you should be mindful that user profiles, messages, and interactions might not always be what they seem. We urge you to proceed with caution in all interactions with fellow members.

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Ensure you log out after each session to protect your account further. Should you suspect or become aware of any unauthorised use of your account, you must inform Us immediately and follow any instructions given to secure your account.

8. Community Guidelines and Conduct

In the spirit of fostering a positive environment for all users and adhering to legal requirements, you are committed to using the Service responsibly and lawfully. Your actions on the platform must respect local, state, national, and international laws and regulations. Specifically, you agree not to engage in the following activities:

Posting or engaging with any content that violates the guidelines set out in Section 9.
Requesting financial contributions or services from other members.
Engaging in harassment, stalking, or any form of unwanted attention towards others.
Impersonating another individual or misrepresenting your identity.
Distributing content that promotes commercial endeavours or benefits external services.
Disseminating unsolicited or unauthorised advertisements, promotional materials, "junk mail," spam, or any other form of solicitation.
Introducing harmful digital elements to the platform, such as viruses, bots, worms, or any code that might disrupt, damage, or limit the functionality of the service or other
Employing automated tools (e.g., bots, spiders, scrapers) to access, collect, or manipulate the content or information on the Platform without permission.
Engaging in any form of data mining or similar data gathering and extraction methods to collect user information or content.

Your commitment to these guidelines ensures a safe and enjoyable experience for yourself and the entire Platform community. Violations of these principles may result in the suspension or termination of your account and access to the service.

9. Content Ownership and License

By sharing any form of content—including messages, personal ads, comments, photos, and profiles—on the Platform, you acknowledge that we reserve the right to review and, if necessary, remove any content that we believe breaches this agreement, is offensive, unlawful, jeopardises user safety, infringes on others' rights, or harms the Platform.

You bear full responsibility for the content you upload or share on the Platform. You affirm that you own or have the rights to use the content you post, ensuring it is not defamatory, invasive of privacy, or infringing on intellectual property rights, and is solely used for personal interaction on the platform without commercial intent.

Upon posting content, you grant the Platform and its related entities a perpetual, irrevocable, non-exclusive, global licence to use, reproduce, modify, distribute, display, and create derivative works from such content, including using your username, photos, and profile details for promotional purposes.

Please avoid posting content that:

Discriminates or incites hatred against any individual or group.
Harasses, annoys, or intends harm to others.
Spreads false information or impersonates others.
Promotes or depicts illegal activities.
Features explicit sexual content or nudity.
Violates intellectual property rights.
Shows individuals without their consent or minors under the age of 18.
Includes advertising, promotions, or solicits personal information for unlawful or commercial purposes.
Exploits individuals in any manner.

Ensure not to include personal contact information publicly on your profile or site areas to maintain your safety and privacy. This includes sensitive details like last names, addresses, phone numbers, and social media information.

By agreeing to these terms, you confirm you have consent from all individuals featured in any content you upload to publicly display their images or videos on the Platform or any associated platform, verifying that all subjects are over the age of 18 at the time of recording. The Platform actively works to ensure the safety and consent of all individuals depicted in user content to prevent any illicit activities.

10. Personal Use Only

The Platform is intended solely for the personal engagement of individual users, and any form of commercial use is explicitly prohibited. Organisations, companies, and businesses are not allowed to register as users or use the platform for any commercial purposes. It is forbidden to post content aimed at commercial benefit.

Users of the Platform agree not to engage in activities such as copying, distributing, modifying, scraping, aggregating, or in any manner commercially exploiting any information obtained from the service. Unauthorised uses of the platform, including the collection of users' personal information such as usernames and email addresses for sending unsolicited emails, or unauthorised linking to or framing of the service, are strictly prohibited. Such actions will be subject to investigation and legal proceedings as necessary.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

The Platform does not endorse or guarantee the accuracy, reliability, or integrity of any content posted or transmitted through the service. We are not liable for the actions or behaviour of any user, either online or offline. Despite our terms and conditions, we cannot ensure every user meets the age requirement or that users under the age of 18 (or the age of majority where applicable) will not access the service in contravention of these terms. There is a risk that other users, including unauthorised individuals or hackers, might access and misuse your personal information disclosed through your use of the service. The Platform disclaims any responsibility for such use of your personal information.

We are also not accountable for any disruptions, delays, technical failures, or unauthorised access to user communications, nor are we responsible for issues arising from network, software, hardware, email, or internet congestion. Any content or material you download or otherwise obtain through the service is at your own risk, and we are not liable for any damage or data loss that may result. By using the service, you waive any claims related to such damages. If you do not accept these limitations, you should not download or access any material from the service.

Content and advice provided on the service are for entertainment and informational purposes only and should not be considered professional advice. We offer no warranties or guarantees concerning the service or its content, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, or non-infringement. We do not assure any specific outcomes from using the service. This disclaimer will remain in effect even after the termination of these terms and conditions.

13. Restriction of Liability

In no event shall the Platform, including its owners, directors, shareholders, employees, affiliates, suppliers, agents, attorneys, and their respective successors or assigns, be liable for any form of damages—direct, indirect, incidental, special, punitive, including but not limited to emotional distress, personal injury, or death—arising from the use of this service. This encompasses any actions or interactions by users, whether occurring within or outside the service. Despite any provisions to the contrary, the Platform's total liability to you for any reason, under any legal theory, will be limited to the amount you have actually paid to the Platform in subscription fees within the last twelve (12) months.

14. Ownership and Intellectual Property

You recognize and accept that the Platform holds and maintains all ownership rights over the Service, safeguarded by intellectual property laws among others. You agree not to duplicate, alter, develop, distribute, publish, store, or sell any such proprietary content from the Service without explicit authorization, except for information that is in the public domain or for which you have been granted express permission.

15. Jurisdiction and Resolution of Disputes

The laws of the jurisdiction in which we are established will govern this Agreement and any disputes arising from your interaction with the Service. We will resolve disputes exclusively through binding arbitration or mediation, not in court, under the following conditions:

Selection of Arbitration/Mediation Authority: We will choose the authority to conduct the arbitration or mediation.
Location: The proceedings will take place in the jurisdiction where the Platform is established.
Arbitration/Mediation Officials: There will be a single arbitrator or mediator overseeing the proceedings.
Language: English will be the language used during the proceedings.
Applicable Law: The laws of the Platform's jurisdiction will apply to the substantive issues.
Finality of Decision: Decisions made by the arbitration or mediation authority are final and cannot be appealed.

By engaging with our Service, you agree to the following terms:

You unequivocally agree to settle disputes through arbitration or mediation, acknowledging this method as the sole avenue for dispute resolution with Us.
You relinquish any objections to the chosen location, jurisdiction, or terms of arbitration or mediation.
You forfeit the right to sue in court over disputes covered by this Agreement, except for matters permissible in small claims court.
You also waive the right to participate in class action lawsuits or any form of collective litigation against Us, either as a class representative or class member, regarding any claims covered by this Agreement.

16. Member Disputes

You understand that you are entirely responsible for your dealings with other users on the Platform, and that the Platform bears no liability for these interactions. While We may choose to monitor disputes between users, it is not obligated to do so.

If you have a grievance or legal issue with another user, you agree to address and resolve such matters independently of the Platform. By this agreement, you also release Us from any liability, claims, or damages arising from your disputes with other users.

17. Your Indemnification Obligation

You agree to indemnify and protect the Platform, along with its owners, directors, shareholders, employees, affiliates, suppliers, agents, attorneys, and their successors or assigns, against any liabilities, losses, demands, or claims arising from content, information, materials, messages, and communications you encounter or engage with on the Platform, including those from other users.

18. Privacy Commitment

The Platform values the privacy of its members and handles your personal information in line with our Privacy Policy, which is an integral part of this Agreement. By accepting these terms, you consent to the processing of your data as outlined in our Privacy Policy and affirm the accuracy of the information you provide.

While the Platform makes every effort to protect your personal data, we acknowledge that the security and confidentiality of information transmitted over the Internet or through email cannot be absolutely guaranteed. Consequently, you absolve us of any liability related to the handling of your information by third parties.

The Platform strives to adhere to the provisions of the Digital Millennium Copyright Act of 1998 (DMCA), including its notice and takedown procedures, to ensure protection under the law's safe harbour provisions. As a user, you agree not to upload, share, or disseminate any copyrighted content, trademarks, or proprietary information without securing prior authorization from the rightful owners.

Our policy under the DMCA includes terminating the accounts of users who are found to be repeat infringers or who violate the intellectual property rights of others.

Should you suspect that your copyright has been infringed upon within our service, please provide us with:

A signature (physical or electronic) of the individual authorised to act on behalf of the copyright owner.
Identification of the copyrighted work you claim has been infringed.
A detailed location on our service where the alleged infringing material is located.
A statement from you, made under penalty of perjury, asserting your good-faith belief that the disputed use is not authorised by the copyright owner.
A statement confirming the accuracy of the notification and your authorization to act on behalf of the copyright owner.
Your contact information, including name, address, telephone number, and email address.

Be aware that falsely claiming copyright infringement can lead to liability for damages, including costs and attorneys' fees.

20. In the Event of a Merger or Acquisition

Should the Company undergo a merger, acquisition, reorganisation, or sell any portion of its assets, we may transfer your personal information to the involved third party. This transfer would occur without prior notification to you, but the acquiring party will be obligated to respect the terms of this Agreement in handling your data.

21. Changes to the Service

The Platform commits to making a reasonable effort to keep the service fully operational. Nevertheless, we retain the authority to alter, pause, or cease the service or any aspect of it, either temporarily or permanently, with or without prior notice. By using this service, you accept that the Platform will not be held responsible for any inconvenience or loss you or any third party might experience due to these changes.

22. Email Communication and Staff Profiles

Upon registering with the Platform, you consent to receive various types of email communications from us. These emails might relate to your account, updates about the service, administrative notices, or promotional messages from us or selected partners. Additionally, not all profiles you encounter may be from real users; the Platform reserves the right to use Staff Profiles, managed by our employees, for testing and research purposes to enhance the functionality and performance of our services.

23. Force Majeure

We will not be liable for any disruptions in service or failures to perform its duties resulting from circumstances beyond its control, including but not limited to natural disasters, labour strikes, electrical outages, acts of terrorism, embargoes, warfare, fires, or other unforeseen events ("Force Majeure").

24. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our Service and updating the "Last Updated" date at the top of these Terms.

25. Comprehensive Agreement

This Agreement, along with the Privacy Policy and the subscription pricing detailed on the service's payment page, forms the complete contract between you and the Company regarding your use of the service.

Should any part of this Agreement be deemed invalid or unenforceable, the rest of the Agreement remains effective and enforceable. Failure by Us to enforce any part of this Agreement does not constitute a waiver of our rights or provisions.

The conditions set forth in this Agreement are specific to you. Without explicit written consent from Us, you cannot transfer, assign, or delegate these terms. Any attempt to do so without our permission will be considered void.

26. Refund Policy

Effective as of May 4th 2024

We will evaluate refunds for unused membership subscriptions as per the guidelines in the Member Participation Policy (section 5) on an individual basis.

Each request for a refund will be assessed individually by our Refund Team.

Purchases made through third-party payment processors are governed by the terms and conditions of those providers. For issues related to payments or billing through such providers, please contact them directly.

Please note, an administrative fee will be applied to all refunds.