Last updated July, 2022
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON «SIGN UP» OR «TAKE A CHANCE» BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR OR PURCHASE THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY africandate.com AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE/ UPON OUR UPDATING THE APPLICATION WITH THE CURRENT VERSION OF THIS AGREEMENT.
Eligibility. By registering on africandate.com, You represent and warrant that You are at least 18 years old. Membership in the Service and registration on africandate.com is void where prohibited. By using africandate.com, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. All information supplied when registering MUST be accurate, true and complete in all respects. In particular, if using a credit or debit card, the cardholder's name MUST be the same as the name used when registering with the Website, unless you provide valid and verifiable reasons for it being different. Where the identification provided is inaccurate or incomplete, suspension of the account will occur until identity verification has been satisfactorily completed. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity. You must keep your password and all account details secret and confidential as you are responsible for use of the Services from your account and any other activities taking place on your account. Any transactions on your account will stand if your username and password have been entered correctly.
Term. This Agreement will remain in full force and effect while You use africandate.com and/or are a Member of africandate.com. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by africandate.com customer support staff.
africandate.com may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You to africandate.com. Upon termination by africandate.com without cause, You shall receive a refund, pro rata, of any paid fees that africandate.com has received from You. If Your membership with africandate.com is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall africandate.com be liable to You, for any refund of unused fees for using africandate.com or its additional Services. Unused credits (excluding subscription credits) expire 365 days after their purchase date. Unused subscription credits expire at the end of
one-monthsubscription period and will not be moved to the next subscription period. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
Non-CommercialUse by Members. africandate.com is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with africandate.com. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
Proprietary Rights in Content. africandate.com owns licenses or otherwise retains all intellectual property rights in the Website/ Application and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of africandate.com and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted at africandate.com:
You understand and agree that africandate.com may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «Content») that in the sole judgment of africandate.com violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
You are solely responsible for the Content that You publish or display (hereinafter, «post») via the Website/ Application, or transmit to other Members.
By posting Content to any public area of the Website/ Application You automatically grant, represent and warrant that You have the right to grant to africandate.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of Content that is illegal or prohibited on the Website/ Application. africandate.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
- promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without africandate.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although africandate.com cannot monitor the conduct of its Members off the Website/ Application, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, africandate.com reserves the right to restrict the number of emails which a Member may send to other Members in any
24-hourperiod to a number which africandate.com deems appropriate in its sole discretion.
You may not collect data from africandate.com either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on africandate.com. You may not collect data from africandate.com authorized zones by any other means including manual collection of data.
To ensure the quality of the Service provided, Your communication through the Website/ Application may be recorded.
africandate.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this Section including without limitation removing the offending communication from the Service and terminating the membership of such violators.
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply africandate.com's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website/ Application; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
Member Communications. You are solely responsible for Your interactions with other africandate.com Members. africandate.com reserves the right, but has no obligation, to monitor disputes between You and other Members. Also africandate.com is not in any kind responsible for expectations, promises or truthfulness of any information of any Member.
Calls and text messages. By providing Your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from africandate.com, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number will only be visible to you.
- Messaging Frequency no more than 10 messages a week;
- Messaging & Data rates may apply;
- If You wish to stop receiving messages reply “stop” to the received from africandate.com message (sms).
Disclaimers. africandate.com PROVIDES THE SERVICE ON AN «AS IS» BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. africandate.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, africandate.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR
ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. africandate.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, africandate.com cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. africandate.com is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We can't guarantee that the particular Member is using his profile personally, but we do all possible to block such behavior. africandate.com DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. africandate.com is not responsible for any incorrect or inaccurate Content posted on the Website/ Application or in connection with the Service, whether caused by users of the Website/ Application, Members or by any of the equipment or programming associated with or utilized in the Service. africandate.com is not responsible for the conduct, whether online or offline, of any user of the Website/ Application or Member of the Service. africandate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. africandate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites/ Applications or combination thereof, including injury or damage to users and/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will africandate.com be responsible for any loss or damage, including personal injury or death, resulting from anyones use of the Website/ Application or the Service, any Content posted on the Website/ Application or transmitted to Members, or any interactions between users of the Website/ Application, whether online or offline.
Suppliers. To provide the Service, africandate.com may purchase services from various third parties and affiliate marketing partners (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees of africandate.com. africandate.com is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, africandate.com is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
Suppliers provide full, accurate and legitimate information required for the registration of the Members at africandate.com prior to their registration according to the terms of Agreement.
Each supplier may provide translation services for the registered Members and have access to all the correspondence of such Members.
Suppliers provide additional services in accordance to the terms of their agreement with africandate.com.
Any additional services requested by africandate.com Members, which fall into the Suppliers scope of activity, but not defined by africandate.com terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted.
africandate.com is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website/ Application and the Service are provided «as is» and africandate.com expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. africandate.com cannot guarantee and does not promise any specific results from use of the Website/ Application and/or the Service.
Members. africandate.com does not influence the relationships between Members of the Website/ Application. Members may terminate their membership with africandate.com at any time. Deactivation of profiles of Members of africandate.com is governed by the following:
In the event a Member is no longer interested in the Services, africandate.com customer support administrators shall review the correspondence between such Member and other Member's with whom the Member has been corresponding (the «Correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, africandate.com customarily issues no more than 10 credits back to the Correspondent for such a Correspondents last letter to the deactivated Member.
In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
In the event, a Member had been reported for inappropriate activities, africandate.com may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed africandate.com of such Member's inappropriate activity by providing incontrovertible evidence of same.
In the event, a Member is found on an
anti-scamsite, or in case we receive reliable proof of the Member's illegal activities from another Member, such Member's profile may be deleted from the Website/ Application provided that africandate.com, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. africandate.com may issue a partial refund to the Correspondent who provided such information.
Members may have only one account (membership) with the Service. Multiple accounts will be blocked.
Members can confirm their identity and get the ‘verified’ sign. To be verified a member should pass a verification process which includes making a photo as defined by us and which will later be verified by our team to meet our guidelines and providing information on your marital status, age, gender and children. We accept selfies (photos) as a way of verification. The ‘verified’ mark is removed once a selfie is deleted upon the user's request and/or we have a reason to believe that the Member has provided us misleading information. During the verification we do not confirm nationality, location, profession and sexual preferences.
africandate.com operates in full compliance with the International Marriage Broker Law (IMBRA).
Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, You shall have access to the following Services:
Browsing of Members profiles;
Inclusion of Your profile in africandate.com's database and searchability by other Members;
Ability to make changes to Your profile;
Ability to read messages, but only in Web version;
Ability to respond to messages from Members with a positive balance on the account;
Ability to purchase membership.
Your free use access may be terminated after a month of use. In the event You wish to continue using our Website/Application and/or use other Services not included in a free-use, You’ll have to buy Membership and Credits (in the mobile Application you can use other Services without purchasing a Membership just for Credits). All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at [email protected]. If You cancel Your membership, You may use your membership until the end of Your
then-currentmembership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-currentmembership period.
By purchasing the 1 (one) calendar months membership, You authorize africandate.com to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications africandate.com sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless africandate.com notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if africandate.com does not receive payment, You agree that africandate.com may either terminate or suspend your membership and continue to attempt to charge Your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
By subscribing to our paid-monthly membership, you will receive the following benefits:
A showcase of your account to all members during the membership period
Promo credits if included and depending on the subscription type defined during the purchase process. Promo credits are renewed each subscription period and not moved to the next subscription period
We also offer several credit packages with special prices per credit. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.
Cost of services:
- Basic Chat costs 1 сredit per minute;
- Basic Chat with video costs 2 credits per minute;
- One-Way Video Chat (Video Call) costs 4 credits per minute;
- Two-Way Video Chat (Video Call) costs 6 credits per minute;
- Offline Message sending costs 1 credit per message (160 symbol limit);
- Mobile App Message sending costs 1 credit per message (160 symbol limit);
- Email costs 10 credits each;
- Sending/Viewing photos or videos costs 15 credits each;
- Sending/Listening voice messages costs 10 credits each;
- Sending stickers costs 5 credits each;
- Sending animated smilies costs 1 credits each;
- Sending gifts in Live Video costs from 5 to 5000 credits each;
- Sending personal message in Live Video costs 1 credits each;
- Viewing video in profile costs 10 credits each;
- Let’s Mingle costs 5 credits per use.
Every Member is entitled to qualify as Free Member. Free Members are entitled to use Services free of charge. To qualify as a Free Member a Member should:
- Be a paying customer and fit all the initial requirements;
- get through the qualifying process by pressing «Qualify as free member» button and submitting all the required information;
- accept Communication Policy.
Free Membership will become available after the review of Your profile by the Company. If Your profile qualifies for Free Membership You will be provided with a
promo-code. If Your profile doesn’t qualify for Free Membership Your application will be rejected. At any time, Company may terminate Your Free Membership with or without any reason with or without any notice to You.
During your use of Streaming you may be awarded by other Members with virtual gifts. When you receive gifts from your viewers during your stream, like a popcorn or a car, you immediately earn the same number of Diamonds as the item cost in Credits to purchase in the Gift Store.
Gifts or Diamonds have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type. Gifts and Diamonds cannot be sold or transferred to other Members and cannot be exchanged for cash or for any other goods and services.
Members have no property, proprietary, intellectual property, ownership, or monetary interest in Gifts, which remain Company’s content or in Credits and/or Diamonds. Gifts and Diamonds are
non-refundable. We do not recognize the transfer of Gifts or Diamonds (including for money or any other consideration or items of value whether inside or outside of the Service). Accordingly, you may not purchase, sell, barter, or trade any Gifts or Diamonds or Credits, or offer to purchase, sell, or trade any Gifts or Diamonds or Credits. Any such attempted transfer will benull and void.
Although Company may share revenue generated from the sale of Gifts with the Memberreceiving the Gift subject to the agreement solely between Company and the Member whichcan be found in the details of Your account under «Cash Out» button, Gifts and Diamonds are not intended to be used as a means to provide financial support to the Member, and Company makes no assurances to any Member that any Member receiving Gifts will receive a revenue share.
Company does not guarantee that Gifts or Diamonds will be available at all times or at anygiven time. Company does not guarantee that we will continue to offer Gifts or Diamonds for any particular length of time. Company may modify Gifts or Diamonds at our sole discretion, and such modifications may make Gifts or Diamonds more or less common, desirable, effective, or functional. Company may immediately suspend or terminate Gifts or Diamonds for any or no reason, in our sole discretion, and without advance notice or liability.
Company reserves the right to change and update our Gifts and Diamonds without notice. Company reserves all right, title and interest in Gifts and Diamonds, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Diamonds and Credits will be forfeited to Company upon termination of your africandate.com account.
Company reserves the right to deactivate a Member from any africandate.com service for any reason or no reason. Once a Member has been deactivated, any Diamonds, Gifts or Credits accumulated by that Member will be forfeited and may not be reinstated.
Members may cancel their first membership, without penalty or obligation, at any time prior to midnight of the third business day following the day of becoming a member. To cancel your membership e-mail a signed and dated written notice which states that You are canceling your membership. This notice should be sent to: [email protected]. You may in the alternative mail the cancellation notice to the address stipulated above. The mailing must be postmarked during the three-day cancellation period. Please include your username and email address in any notice or your refund may be delayed. If you cancel your membership during the three-day period, africandate.com will return, within ten business days of the date on which africandate.com receives notice of cancellation, payment for the membership you have made, but additional documents may be requested from you to proceed with the refund. You will not be allowed to rejoin as a member after canceling according this Section.
In the event that you die before the end of your Membership period, your Estate shall be entitled to a refund of that portion of any payment you had made for your membership that is allocable to the period after your death. Additional documents may be requested from You.
In the event that you become disabled (such that you are unable to use the services of africandate.com before the end of your membership period), you shall be entitled to a refund of that portion of any payment you had made for your membership which is allocable to the period after your disability by providing africandate.com with notice and evidence of disability at the same address as listed above. Additional documents may be requested from You.
Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will africandate.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website/ Application or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if africandate.com knows or has been advised of the possibility of such damages. africandate.com is not responsible for any activities outside of our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, africandate.com's liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to africandate.com for the Service during the term of membership.
U. S. ExportControls. Software from the Website/ Application (the «Software») is further subject to United States export controls. No Software may be downloaded from the Website/ Application or otherwise exported or re-exported(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. TreasuryDepartment's list of Specially Designated Nationals or on the U. S. CommerceDepartment's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Section applicable to US RESIDENTS: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM africandate.com. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of the Website/Application or to products or services sold or distributed by africandate.com or through africandate.com shall be resolved in the following manner.
- Informal Process First. You agree to first contact africandate.com Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
- Binding Arbitration. If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
- Arbitration Tribunal. The American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
- Arbitrator and Rules. If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
- Location of Arbitration. The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
- Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, africandate.com will pay them for You.
- Starting an Arbitration. A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
- Your Right to Sue in Small Claims Court. Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against africandate.com.
- CLASS ACTION AND JURY TRIAL WAIVER. YOU AND africandate.com AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND africandate.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Indemnity. You agree to indemnify and hold africandate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to africandate.com or transmit to the Website/ Application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- Other. This Agreement, accepted upon use of the Website/ Application and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and africandate.com regarding the use of the Website/ Application and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.