Terms and conditions scarlet amore

 

Scarlet Amore Terms & Conditions

 

These terms and conditions (these "Terms") are a legal contract between “you” and Prime Online LLC, for users located in Canada and the US, and Praecellens Limited for users located in any other jurisdiction (as applicable, "we," "us" or "Scarlet Amore").  We operate AshleyMadison.com (including Scarlet Amore Mobile) and the Scarlet Amore mobile applications (collectively, the "Platform"), on which we provide an interactive way for users to communicate, explore their fantasies, and entertain themselves (the "Service"). Any personal information we collect in connection with your access to the Platform or use of the Service is governed by our Privacy Policy (https://scarletamore.com/privacypolicy). You agree that by registering a profile on our Platform or using our Service you have agreed to our Privacy Policy which is incorporated into these Terms by this reference and you should read it carefully.

Below is a high level summary of these Terms. Please read these Terms carefully in their entirety before using the Platform and do not solely rely on the high level summary provided below. If you do not agree with any portion of these Terms, do not access or otherwise use the Platform or the Service.

  • User Conduct: By accessing the Platform and using the Service, you must act appropriately. YOU CANNOT USE THE PLATFORM OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND/OR THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.  YOU ALSO MAY NOT USE THE PLATFORM OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY CHARGED WITH AN OFFENSE OF A SEXUAL NATURE. WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18. Please note that if you are using one of our mobile applications, additional terms may apply depending on the type of device you are using.

  • The Service: You may access the Platform and use the Service as a “guest” or a “full member”. Guests do not pay for their access to the Platform; however, they are only able to access certain features of the Service (for example, guests cannot communicate with other users). Full members are able to access additional features of the Service that are not available to guests (such as communicating with other users; ranking at the top of one’s inbox, etc.). You may become a “full member” by purchasing a subscription.

  • Deletion/Deactivation: You may delete or deactivate your account at any time.

  • Legal Stuff: These Terms set out the legal terms and conditions that govern our relationship with you and your access to the Platform and use of the Service. Put simply, except to the extent required by law, we don’t make any promises to you about the Platform or the Service and we will not be liable to you for any damages you incur in connection with your access to the Platform or use of the Service except as otherwise expressly stated in these Terms. In addition, to the extent permitted by law, you are fully liable for any damage we incur which is attributable to you.

  • Dispute Resolution: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. PLEASE NOTE THAT, DEPENDING ON YOUR COUNTRY OF RESIDENCE, UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE COUNTRY IN WHICH YOU RESIDE.

  • Contact: If you have any questions or concerns about these Terms or our Privacy Policy you may contact a representative of our company by using the Contact Form on Scarlet Amore found here.

MODIFICATIONS

WE MAY MODIFY ANY PORTION OF THESE TERMS AT ANY TIME PROVIDED:

  • WE GIVE YOU A MINIMUM OF THIRTY (30) DAYS WRITTEN NOTICE OF SUCH MODIFICATION BEFORE IT BECOMES EFFECTIVE; AND/OR

  • TO THE EXTENT THE APPLICABLE LAWS OF YOUR JURISDICTION REQUIRE EXPRESS AGREEMENT TO THE APPLICABLE MODIFICATION, WE HAVE OBTAINED YOUR EXPRESS CONSENT.

THE NOTICE CONTEMPLATED IN (a) ABOVE WILL SET OUT HOW YOU CAN ACCEPT OR REJECT THE APPLICABLE CHANGE AS REQUIRED BY THE APPLICABLE LAWS IN YOUR JURISDICTION.

We reserve the right to modify our prices at any time. In the event we change the price for ongoing Services which you have previously agreed to pay (for example, credit top-ups or monthly subscriptions), we will notify you of such changes as contemplated in this section. If you do not agree with the price change, we will no longer automatically top up your account or renew your subscription provided you following the instructions provided in such notice in accordance with the terms thereon (if any).

1.- USER CONDUCT

Scarlet Amore IS SIMPLY A SOCIAL NETWORK FOR ADULTS TO INTERACT. WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS SOCIAL NETWORK IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT MAY APPLY TO YOU.

A. Minors

Our Service is ONLY intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet these criteria to use our Service. By using our Platform and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of these Terms and conditions set forth herein.  You also represent and warrant that you will not allow any minor access to the Platform or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access the Platform and our Service to prevent any minor from gaining access to the Platform and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.

Whilst we require all our users to be at least 18 years old, we are not responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of the Platform or our Service by a minor.

B. Code of Conduct

In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

  • violate any applicable law or regulation,

  • infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,

  • use the information available through our Service for any unauthorized or unlawful purpose,

  • interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,

  • use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,

  • use our Service to obtain the personal contact information of another user without his/her prior consent;

  • use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,

  • "stalk" or harass any other user of our Service,

  • use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you;

  • use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation;

  • collect or store any information about any other user other than in the course of the permitted use of our Service,

  • use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,

  • impersonate any person or entity,

  • remove any copyright, trademark or other proprietary right notices contained in the Service,

  • infringe on the intellectual property rights of the Service or any third parties in any manner,

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Platform or any software used on or for the Service,

  • post, upload or transmit false, misleading or illegal information or content to the Service,

  • make false statements, attempt or use personal, financial or other information that you are not authorized to use,

  • upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),

  • disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,

  • collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,

  • provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain, or

  • assist any third party in doing any of the foregoing.

C. User Content

By submitting any content (including, without limitation, your photograph and profile and other information) (your “Content”) to our Platform, you represent and warrant to us that the Content is posted by you and that you are the exclusive author of the Content and use of your Content by us will not infringe or violate the intellectual property or other rights of any third party. To the extent permitted by applicable law, you waive any and all moral rights to be identified as the author of the Content and any similar rights in any jurisdiction in the world. By submitting any Content to our Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, create derivative works of, translate, sub-license, export, share, assign and modify such Content or incorporate into other works such Content, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your profile, picture and other information from our Service even after you have terminated your membership unless you utilize the option or we are otherwise required by applicable law. You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above.

You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that:

  • is libelous, defamatory or slanderous,

  • contains pornographic, sexually explicit or vulgar content,

  • may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,

  • exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,

  • encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts,

  • makes use of offensive language or images or is otherwise patently offensive to the online community,

  • harasses or advocates harassment of another person,

  • involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,

  • promotes an illegal or unauthorized copy of another person's copyrighted work,

  • characterizes violence as acceptable, glamorous or desirable,

  • contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity),

  • constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,

  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users,

  • provides or promotes inaccurate, misleading or false information, or

  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Platform. We reserve the right to investigate and take appropriate legal action in our reasonable discretion against anyone who violates this or any other provision of these Terms, including, without limitation, removing the offending communication from the Service, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities.

We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our discretion (acting reasonably), deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

D. Representations and Warranties

You: (a) must not use our Service unless you have the full power and authority to enter into and perform these Terms; (b) will not use our Service to infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) must not use our Service if you have ever been convicted of an offence of a sexual nature or if you have any such  charges currently pending against you; and (e) you must own or otherwise have all rights necessary to license the content you submit and that promise to us that the posting and use of your content by us will not infringe or violate the rights of any third party. To the fullest extent permitted by applicable law, we are not responsible to you for any damages you may suffer because of your breach of this clause.

E. Your Responsibilities

You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You must take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, WE STRONGLY RECOMMEND THAT YOU REVIEW Scarlet Amore's SECURITY AND PRIVACY TIPS, POSTED AT (blog post for security policies) PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Platform. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.

F. User Disputes

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR PLATFORM AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users.

If you are a resident of the United States of America, you hereby agree to release us (and our subsidiaries and affiliated entities and ours (and their) shareholders, officers, directors, employees and agents, successors and assigns) from all claims, demands, damages, losses, liabilities of every kind, arising out of or in any way related to such disputes. If you are a California resident, Section 3.E.f. below applies to you.

G. Mobile Applications

Scarlet Amore makes available mobile apps (collectively, the “Mobile Application”) to access the Platform via mobile devices.  To use the Mobile Application you must have a mobile device that is compatible with Scarlet Amore mobile service.  Scarlet Amore does not warrant that the Mobile Application will be compatible with your mobile device. Scarlet Amore hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that Scarlet Amore may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are then currently using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Scarlet Amore and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. You should contact your mobile phone carrier if you want to find out what standard carrier charges may apply. Please note that you may be required to pay an additional fee for use of the Scarlet Amore mobile service. However, we will not charge you any such fees without your agreement to incur such fees in accordance with the applicable laws of your jurisdiction.

For US residents, the Mobile Application and all other software that is provided to you through the Platform and the Service and related documentation are "Commercial Items", as that term is defined under United States of America laws at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights are reserved under the copyright laws of the United States or America and Canada.

The following additional terms and conditions apply with respect to any Mobile Application that Scarlet Amore provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Scarlet Amore only, and not with Apple, Inc. (“Apple”).

  • Your use of Scarlet Amore’s iOS App must comply with Apple’s then-current App Store Terms of Service which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html

  • Scarlet Amore, and not Apple, is solely responsible for our iOS App and the services and content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

  • You agree that Scarlet Amore, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

  • You agree that Scarlet Amore, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or Canadian Government list of prohibited or restricted parties.

  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Scarlet Amore’s iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Scarlet Amore provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Scarlet Amore only, and not with Google, Inc. (“Google”).

  • Your use of Scarlet Amore’s Android App must comply with Google’s then-current Android Market Terms of Service which can be found at https://www.google.com/mobile/android/market-tos.html

  • Google is only a provider of the Android Market where you obtained the Android App.  Scarlet Amore, and not Google, is solely responsible for Scarlet Amore’s Android App and the services and content available thereon.  Google has no obligation or liability to you with respect to Scarlet Amore’s Android App or these Terms.

  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Scarlet Amore’s Android App.

H. Geo-Location Terms

The Service includes and makes use of certain functionality and services provided by third-parties that allow Scarlet Amore to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Service (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

SECTION 2 - THE Scarlet Amore SERVICE

A. Categories of Services

Users of the Service may become "Guests" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests. Full access to the Service can be achieved by purchasing credits or subscribing to the Service through any of the available credit or subscription membership packages.

Subscription Packages

To the extent offered in your jurisdiction, you may also become a Full Member by purchasing one of our subscription packages. Additional terms and conditions apply to our subscription packages which can be accessed here

Please note that Full Members are not charged by us for the features that are free to Guests; however, some features available to Guests may not be accessible when a Full Member has run out of credits or ended their subscription. For example, if a Full Member has ended their subscription, the Full Member will no longer be able to access their messages including messages the Full Member was able to access as a Guest.

B. Registering to Use our Service, Fees and Payments

Guests of the Service are required to set up a "Profile" in order to access the Service. To activate certain additional features of the Service, Guests may choose one of our membership/subscription packages and upgrade to Full Membership status. A member may pay via credit card, cash, check or any other method we may accept as payment. In addition to paying the published price, you are responsible for paying all applicable taxes or client transaction fees in connection with your purchase, which will be disclosed to you prior to completing your transaction. We reserve the right to change our pricing policy or the method or manner in which we charge for our Service but will comply with the notice requirements in the section titled “Modifications”. Your order of credits or a subscription package will be deemed to be accepted once we (i) receive confirmation of payment in full, either by gift card, cash or cheque, or through the payment processor of your credit card and (ii) depending on the nature of the order, when we activate the requested feature, deposit credits to your account or activate your subscription.  Please note that if you subscribe to our Service through an Apple iTunes or another authorized platform, your order will be governed by the terms and privacy policy that govern such platform, including their order cancellation provisions.

If we receive cash or check payment for an incorrect amount or non-specified currency payments, we will notify you of such incorrect payment. If such incorrect payment is not rectified within thirty (30) days of providing such notice, we reserve the right to adjust or credit your account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Accounts may not be transferred from one client of the Service to another client.

You understand and agree that it is a condition of your use of the Platform and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete.  If you provide any misleading or false information to us, your right to use the Platform is invalid and your membership is terminated and void.

C. Cancellation of Your Account for Non-Usage.

If you have not logged into your account within the prior twelve (12) month period we reserve the right to cancel your account. If your account is canceled for non-activity, your account will be cancelled and all credits in your account will expire. You can confirm your account balance at any time by clicking on "Manage Profile" or by using the Contact Form and providing us with your account details. THE ABOVE CANCELLATION PROVISION DOES NOT APPLY TO DORMANT ACCOUNTS THAT HAVE AN ACTIVE SUBSCRIPTION ASSOCIATED WITH THEM.

D. Subscription Renewals and Cancellation

If you select the automatic credit renewal option when purchasing your subscription, your account will  be active. This will give you unlimited access to contact and responds to messages and date requests.

Unless advised otherwise, all subscription packages are subject to automatic renewal for the same term as originally selected.

E. Subscription and Cancellation

If you become Full Member through the purchase of a subscription, it provides you unlimited access to read and respond to unsolicited member initiated communications and/or communications you have initiated.

If you have subscribed, your credit card will be charged for the subscription period you chose at the time of purchase.

YOU MAY OPT OUT OF YOUR MIC SUBSCRIPTION AT ANY TIME THROUGH YOUR PROFILE PAGE.

F. Featured Profile and Cancellation

If you have subscribed to be a feature profile, this includes putting your profile as one of the first profiles seen by men searching your area.  This can be cancelled at anytime during your month to month subscription period and but payment for that period will not be refunded.

G. Refund Policy

Unless otherwise required by applicable law, you agree that your purchases, including your purchase of credits and subscriptions, are non-refundable except where we have materially breached these Terms in which case you may be entitled to a refund.

H. Credit Card Chargeback Policy

We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks.  A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased.  You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members.  Engaging in activities aimed at reversing a legitimate charge is illegal. 

I. Other Aspects of the Scarlet Amore Service – For Your Entertainment

Our Platform and our Service give users the opportunity to explore their fantasies and to interact with others in the Platform. However, there is no guarantee you will find a date or partner on our Platform or by using our Service. Our Platform and our Service are also intended to provide users with amusement and entertainment. You agree that some of the features of our Platform and our Service may be used for such amusement and entertainment purposes.

J. Others Using the Platform for Entertainment

You also understand and agree that there are users and members on the Platform that use and subscribe to our Service solely for entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.

You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.

K. Non-Commercial Use

Our Platform and the Service is for personal use only and you may not use it in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Platform for any purpose. Illegal and/or unauthorized uses of our Platform, including without limitation prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Platform may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that use of our Platform is with our permission, which may be revoked at any time in our reasonable discretion.

L. Third Party Content, Links and Pages

In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party websites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies.  You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You must evaluate, and (as between us) bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.

M. User Name and Password

You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned.  You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

N. Proprietary Rights

a. Content is Protected by Law

You acknowledge and agree that all content and materials available on our Platform are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Platform, unless you have our written permission.  Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Platform or content and materials in any manner. Notwithstanding the above, you may use the content and materials on our Platform in the course of your normal, personal, non-commercial use of our Service in accordance with these Terms.  If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of content and materials or enforce limitations on use of the Platform or the content and materials therein. All rights not expressly granted herein are reserved.

b. Use of Content

You agree not to systematically retrieve data or other content or any materials from our Platform to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other websites. You agree not to display any of our Platform in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at  copyright@scarletamore.com . You may, however, establish ordinary links to the homepage of our Platform without our written permission.

c. Content – AS-IS

All of the content on our Platform is provided “AS IS”. All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Platform.

O. Discontinuance of Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service including where such use may breach any applicable laws. We will endeavor to provide you with 30 days’ prior written notice before such changes become effective. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

P. Blocking of IP Addresses

In order to protect the integrity of the Service, we reserve the right at any time, in our reasonable discretion, to block users from certain IP addresses from accessing our Platform where required by law or to avoid a breach of these Terms.

Q. Links

The Service may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures. You should check those privacy policies and procedures before you provide any information to them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

R. Language

Information and services that are provided on the Platform and the Service in a language other than English are only provided as a convenience to you when available. All services to be provided, all obligations of Scarlet Amore and all communication between the parties with respect to these Terms will be in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.

S. Customer Service

Our customer service representatives are available to answer questions you may have about your Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our reasonable discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Platform and your membership to our Service and you will not be entitled to any refund of unused credits or subscription fees unless required by applicable law.

T. Email Communications

Subject at all times to our obligations regarding email communications in your respective jurisdiction, you agree that: (i) we and other sites we operate (or our agents) may send you email communications that include messages about the Service and your membership account with us, and services offered by our other sites and third parties; and (ii) any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.

You may opt out of receiving these notifications from us by clicking the “Unsubscribe from Email Notifications” link located at the bottom of each email we send you. Please be advised that you cannot opt out from operational emails (i.e. non-promotional communications) pertaining your account.

 

U. Termination

You acknowledge and agree that we may terminate your access to our Service if (a) you breach these Terms; (b) where required by law; or (c) where we reasonably consider there has been a breach of these Terms or a breach of applicable laws. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service.  You acknowledge and agree that termination of your access to our Service in these circumstances may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that unless required by applicable law we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. Unless otherwise required by applicable law, you will not be entitled to a refund of unused credit or subscription fees paid upon termination of your access to our Service by us in the circumstances described in this clause.   You may terminate your access to the Service at any time via our Platform or by sending us written or email notice of termination. Unless otherwise required by applicable law, you will not be entitled to any refund of unused credits or subscription fees upon termination of your access to our Service other than for our material breach of these Terms.

V. How to Delete/Deactivate Your Account

In the event you would like to cease using the Service and delete or deactivate your account, you have the following two options:

a. Deactivate My Account:

If you select this option, your profile will be removed from all search results and will not otherwise be viewable by other users. However, your message history will be left intact and any users which you have previously interacted with will still be able to access and view the messages you have exchanged. If you select this option, your account, including any personal information related thereto, will not be immediately deleted from our systems; but rather, will be stored and managed in accordance with our Privacy Policy (https://scarletamore.com/privacypolicyYou may restore your account by contacting a customer service representative at customerservice@scarleramore.com provided your account has not been deleted in accordance with our Privacy Policy (https://scarletamore.com/privacypolicy

b. Full Delete:

If you select this option, your profile will be completely deleted, including, subject to the qualification below, all personal information related thereto. Specifically, (i) your profile will no longer be viewable by other users or come up in search results, and (ii) all personal information associated with your account, including your message history, will be completely deleted in accordance with ruby’s data retention schedule, meaning that some of your usage history may be kept for up to six months. If you select this option, your account cannot be restored and any unused credits associated with your account will immediately expire without refund. Please note it may take up to forty eight (48) hours for your information to no longer be visible on the Service.

To select either of the foregoing options, please go to your profile and deactivate while logged into your account on the desktop version of the site.

3.- MISCELLANEOUS

A. Governing Law

Except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all Disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose.

For Canadian residents (except Quebec), these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.

For Quebec residents, these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

For Australian residents, these Terms will be governed by, interpreted and enfo