Terms and Conditions of Use

Welcome to the dig4love website terms and conditions for use. Here at dig4love we do our best to treat all our members fairly and respect their privacy. We want our dating website to be a really enjoyable and safe place to meet your perfect match. You can join our site for free before deciding whether to pay for extra features. This Terms and Conditions (“Terms”) apply to the use of the website www.diog4love.com (“DIG4LOVE”), by accessing this website you agree to be bound by these Terms. Using this website indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, please do not use this website.

Definitions

"Content" means any content, emails, messages, photos or Profiles submitted or sent by Users to DIG4LOVE or its employees or its agents, through their Use of the Website; "Fee" means a fee for the Subscription based on the relevant Period as set out in the price list located at “Upgrade to Full Membership” page, and payment of which shall entitle a User to be a Subscriber for the relevant Period(s); "Period" means a 3, 6, or 12 month period in respect of the relevant Subscription commencing on the date of payment of a Fee; "Profile" means the information held by DIG4LOVE about a User, such information having been submitted by either (i) the User to whom the information relates, or (ii) another User, permission having been obtained by DIG4LOVE from the User to whom the information relates prior to such User's information being made available to other Users; "Subscriber" means a User who has either (i) paid the relevant Fee, or (ii) on whose behalf another User has paid the relevant Fee; "Subscription" means a subscription by a Subscriber for the use of the additional features and functionalities on the Website in respect of each Period; "Terms" means the terms and conditions set out herein; "Use" means registering and updating Profiles, looking at the Profiles of other Users, contacting other Users, DIG4LOVE or its employees and / or its agents and making payment of the Fee to DIG4LOVE; "User" means any person who registers their details with the Website including but not limited to the Subscriber and thereby agrees to comply with these Terms; "Website" means the website DIG4LOVE 1.The Website is owned and managed by Dig4love Ltd, a company registered in England with company number 05539129, whose registration office is at 407 Legacy Centre Hampton Trading Estate Hanworth Road West Hanworth Middlesex TW13 6DH. 2. You must be eighteen (18) years old or over to Use the Website. 3. By Using the Website you warrant that you have the right, authority and capacity to enter into and be bound by these Terms. 4. The Website is provided for the personal Use of individual members only and you may not Use the Website in connection with any commercial venture. If you are an organisation, a company and/or a business you may not register with the Website or Use it for any purpose. 5. You may register with the Website for free however you will only be able to access certain functions of the Website, including communication with other Users, if you are a Subscriber of a Subscription. For the avoidance of doubt, you are responsible for providing and paying for the means of accessing the Website. 6. On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the performance of the services by DIG4LOVE such that, on payment of the relevant Fee, Subscribers can immediately access certain functions of the Website, including communication with other Users. 7. If you are a Subscriber, your Subscription shall not automatically renew at the end of each relevant Period. In order to renew your Subscription with DIG4LOVE, you will have to pay the relevant subscription Fees. 8. It shall be at DIG4LOVE sole discretion whether to accept any Content, including Profiles. In the event that any Content is not accepted by DIG4LOVE, we may write to you to explain the reasons for this, but shall be under no obligation to do so. Under such circumstances, provided that the User is not in breach of these Terms, the relevant Fee shall not be payable and shall, where relevant, be reimbursed.

Use of the Website

9. You shall only Use the Website for the purpose of facilitating online introductions. 10. You shall comply with all U.K., U.S., foreign and local laws and regulations, which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations. 11. In the event that DIG4LOVE, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Website including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Website or sending abusive, offensive, harassing, rude or threatening communications to DIG4LOVE, to DIG4LOVE users, to DIG4LOVE agents and or to DIG4LOVE employees, DIG4LOVE reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Website; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you. 12. You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users. 13. You must not provide any false information in respect of your name, age, build, height, marital status or location to DIG4LOVE. In the event that DIG4LOVE has reason to suspect that you have provided false information, DIG4LOVE reserves the right to terminate your Use of the Website and/or disable your Profile without notice. 14. You must not include in your Profile, nor transmit to another User without first becoming a Subscriber, any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses. 15. In the event that DIG4LOVE, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal, or considers that any Content or your actions or behaviour (whether in relation to the Website or otherwise) has the potential to violate the rights of, harm or threaten the safety of others, DIG4LOVE reserves the right to take any action that it deems necessary, including, but not limited to, disabling your Profile, deleting Content, restricting the number of emails that you can send to other Users or terminating your Use of the Website. Some examples of the types of Content that violates these Terms are any Content that: a) expresses or implies that any statements made by you are endorsed by DIG4LOVE; b) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; c) harasses or advocates harassment of another person; d) displays pornographic or sexually explicit material of any kind; e) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18; f) promotes any conduct that is abusive, threatening, obscene, defamatory or libelous; g) promotes any illegal activities; h) promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files; i) provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses; j) contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page); k) solicits passwords or personally identifying information from other Users for commercial or unlawful purposes; l) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming" m) promotes information that you know to be false or misleading; n) contains inappropriate Profile e.g. names or contact details; o) engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of DIG4LOVE. 16. By publishing or displaying any Content on any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to DIG4LOVE an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by DIG4LOVE and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights. 17. You are solely responsible for your interactions with other Users. DIG4LOVE reserves the right, but has no obligation, to monitor any dispute between you and another User. 18. In the event that DIG4LOVE denies you access to the Website on a permanent or temporary basis for any reason, you shall be notified in writing and must then not attempt to use the Website under any other name or through any other User. If a Profile is disabled due to inappropriate Profile, DIG4LOVE shall not notify such User. 19. DIG4LOVE will operate the Website with the reasonable skill and care of an online service provider. 20. DIG4LOVE will use reasonable endeavours to maintain the operation of the Website, however it may be necessary to temporarily suspend the Website for operational reasons, including but not limited to repairs, planned maintenance or upgrades. DIG4LOVE will use reasonable endeavours to restore the Website as soon as possible after any suspension. DIG4LOVE shall not be liable to you for any such suspension. 21. DIG4LOVE reserves the right to make changes to the Website from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.

Cancellation/refund

22. If you become a Subscriber (or pay for a friend to become a Subscriber) then, on the condition that you or your friend, as appropriate, has not made any Use of the Subscriber only functions you may cancel such subscription, and receive a refund of the relevant Fee, by sending a request by email to admin@dig4love.com within 3 days of the date on which the relevant Fee was paid. Please note that where the Subscriber has made any Use of the Subscriber only functions, no right of cancellation shall apply. For the purpose of this clause Use of the Subscriber only functions shall include activating and/or accessing any Subscriber only functions, communicating with other Users, communicating with DIG4LOVE, its employees and/or its agents including, but not limited to, receiving non-automated administrative emails from DIG4LOVE, its employees and/or its agents and receiving administrative help from DIG4LOVE, its employees and/or its agents.

Term and Termination

23. These Terms will remain in full force and effect while you are a User of the Website. 24. You may cease to be a User at any time, for any reason, effective upon receipt by DIG4LOVE of your written or email notice of termination, sent to the postal or e-mail address. 25. If you are a Subscriber, your Subscription shall be for the relevant Period and shall not automatically renew for terms of equivalent Periods. 26. DIG4LOVE may at any time, terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website on provision of reasonable notice. 27. DIG4LOVE may terminate the agreement with you, deny you access to the Website and delete your Profile and any other Content you have submitted by your Use of the Website with immediate effect in the event that you have breached these Terms. In the event of such termination no refund shall be payable by DIG4LOVE. 28. DIG4LOVE will send you notice of any termination to the email address provided by you during your registration or such other email address as you provide to us.

Intellectual Property

29. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the functionality and design of the Website is either owned by or licensed to DIG4LOVE. The intellectual property (copyright, trade marks, patents, design rights etc) associated with the Content is either owned by or licensed to DIG4LOVE or owned by a User. 30. You are expressly prohibited from: (i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; (ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by DIG4LOVE, including but not limited to the mark DIG4LOVE and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement any of the intellectual property rights owned and/or licensed to DIG4LOVE without first obtaining the written permission of the owner of the intellectual property.

Disclaimer

31. The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by DIG4LOVE and, to the maximum extent permitted by law, DIG4LOVE shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website. 32. DIG4LOVE are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Website and ensure you have reviewed the safety guidelines contained in our “Help” page. 33. The Website may contain errors and, from time to time, may not be accessible by Users. The information provided on the Website by DIG4LOVE is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.

Warranties, Liabilities and Indemnity

34. DIG4LOVE cannot guarantee and do not promise any specific results from Use of the Website. To the maximum extent permitted by law, DIG4LOVE expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Website, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise. 35. To the maximum extent permitted by law, DIG4LOVE expressly excludes: a) all conditions, warranties and other terms whether express or otherwise implied by statute or common law; b) any liability for indirect or consequential loss which are losses that are incurred as a side effect of the main loss or damage; c) loss of profit and business; d) loss of income or revenue; e) loss of goodwill and reputation; f) loss of romantic prospects; g) loss of expectation; h) loss of opportunity; i) loss of use; j) loss of information and data; k) loss arising out of or in connection with wasted management or personal time; any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any claims for direct financial loss that are not excluded by any of the categories set out above. 36. Nothing in these Terms shall serve to limit or exclude you and DIG4LOVE's liability for death or personal injury resulting from your or DIG4LOVE's negligence or any liability for fraudulent misrepresentation. 37. Subject to clause 39, DIG4LOVE's maximum aggregate liability to you under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed £5. 38. In the event that you have a claim or right of action against any other User arising from that User's Use of the Website, you agree to pursue such claim or action independently of and without any demands from DIG4LOVE, and you release DIG4LOVE from all claims, liability and damages arising from or in any way connected to such claim or action. 39. In the event that a claim or action is brought against DIG4LOVE arising from your activities or Use of the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend DIG4LOVE in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow DIG4LOVE to assume the exclusive defense and control of the matter.

Data Protection and Privacy Policy

40. DIG4LOVE is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Website. 41. When Using the Website, you hereby consent to DIG4LOVE processing your personal data to the extent necessary to facilitate online introductions and to enable DIG4LOVE to operate the Website for the purposes for which it is reasonably intended to be operated. For the avoidance of doubt, you hereby expressly give your consent to DIG4LOVE processing data provided by you in respect of your sexual orientation. 42. DIG4LOVE reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information. 43. Links to third party websites may appear on the Website. Such third party websites are not the responsibility of DIG4LOVE and DIG4LOVE accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

Changed Terms

44. DIG4LOVE may alter or amend our terms and conditions by giving reasonable notice. By continuing to Use the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these terms and conditions. If, on receipt of such notice, you wish to terminate your agreement with DIG4LOVE you may do so by giving DIG4LOVE not less than seven (7) days notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect. Law and Jurisdiction 45. These Terms shall be governed by and construed in accordance with the laws of England. 46. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute, which may arise out of or in connection with these Terms.

Rights of Third Parties

47. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.

Miscellaneous

48. You may print and keep a copy of these Terms, which form the entire agreement between you and DIG4LOVE and supersede any other communications or advertising with respect to the Website. 49. Failure by DIG4LOVE to enforce these Terms does not constitute a waiver of such right. 50. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect. DIG4LOVE shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of DIG4LOVE. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.