LAST UPDATED: JANUARY 24, 2019
The following terms and rules of use show the essence of Esmeralda-Date.com service. This document is the official public offer addressed to everyone who wishes to enter into a cooperation agreement with the company. In fact, these terms and conditions of use of the Internet resource develop a formal agreement between you and Esmeralda-Date.com.
The administration of Esmeralda-Date.com reserves the right to make changes and additions to this list of rules at any time without the need for prior notifications. The amendments and changes will take effect from the date of their placement on the relevant page of the site. By signing up for Esmeralda-Date.com you acknowledge your understanding of the rules and agree to comply with the terms of cooperation.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE
1.1. "Public offer" indicates that the text of this agreement with all the amendments, additions and annexes is publicly available for all Esmeralda-Date.com users, members and visitors.
1.2. "Acceptance of an offer" means an absolute compliance with the rules of the site by the user/member through the implementation of actions referred to this agreement.
1.3. "We", "Us", "Our" means the company who is operating and managing this site.
1.4. "Site" means this website located at Esmeralda-Date.com that is an interest-based community.
1.5. "Services" refer to communication services provided via the site, such as: live chat, voice messages, correspondence, winks, virtual gifts, real gifts, private photos and videos exchange, contact information exchange.
1.6. "Service Providers" mean local marriage agencies who register and publish female profiles on the site as an online platform for communication with foreign men.
1.7. "User" is a natural person who has registered at site and who has accepted the terms of this agreement after reviewing the specified terms and rules of use of the service.
1.8. "Member" is a registered user who is capable to receive fee-based services and who has accepted the terms of this agreement after reviewing the specified terms and rules of use of the service.
1.9. "Visitor" means any person who browses the site not being a user or a member.
1.10. "Credit" is a payment unit used to pay for services provided by the company via the site.
2. DESCRIPTION OF THE SERVICE AND USE OF THE SITE
2.1. On the basis of the rules of use of the service listed in this agreement, our company provides foreign men an access to the site to conduct online communication with Slavic women in order to make new friends or create serious relationships.
2.2. Our site is only an online technical platform where individuals can communicate with each other through the available services. We are not involved in any actual communication between individuals on the site. We reserve the right, but have no obligation, to monitor disputes between the users/members and other individuals. This includes, but is not limited to, messages through services, conversations via regular email, phone calls, meetings, he said/she said accusations or any other interactions that occur on or outside the site. The site and its services are tools for providing ability of communication between individuals, anything beyond that is not in our control and is done at user's/member's own risk. All users/members have to use common sense about what information they reveal to others via any means of communication. We strongly advise you to be careful with individuals you interact with until you learn more about them and verify their background.
2.3. All the site content, female profiles, photos, videos, translation of messages, contact details and gifts delivery are provided by our partners from the countries of the former USSR. We do not contact directly in real life with ladies whose profiles are posted on our site. Regardless, all women's profiles as well as their photos, videos and personal information are thoroughly checked. It is strictly forbidden to publish fake profiles, untrue biographical information as well as the profiles of married women, women who are in serious relationship and those who pursuing goals other than finding their soul mates and sweethearts among foreign men.
2.4. Esmeralda-Date.com and service providers are completely independent from each other. Service providers are not acting as agents and do not represent the interests of women. We never allow our partners to use our name and profiles posted on our site as a source of customer's additional charging. Therefore, violation of the terms of collaboration between the site and service providers will result in the termination of partnership.
2.5. Registration on the site is free. The user's/member's profile is published and becomes visible for other individuals immediately after confirmation of the authenticity of personal data.
2.6. We do not charge women for their presence on the site and they never get any material benefits from communicating with men.
2.7. Exchange of personal data with women is held in two ways: the member may request woman's contact information from the first minutes of communication for 500 credits or spend 1000 credits on communication with the girl and get her contact details for free. All the instructions for contact information exchange the user/member can find in his personal account on home page in the section "Featured Services". Transferring of contact information from lady to man may occur only with the lady's agreement. It is prohibited to share personal contacts in letters, chats, or by any other way except the service for contact information exchange.
2.8. Our site may contain links to the third-party sites that are not maintained by us. While we try to include links only to those sites which are in good taste and safe for our users/members, we are not responsible for the content or accuracy of those sites and cannot guarantee that those sites will not change without our knowledge. If the users/members decide to access linked third-party sites, they do so at their own risk. The users/members correspondence or business dealings with, or participation in promotions of, third parties found on or through our site and its services, including payment and delivery of related goods/services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between them and such third-party sites.
3. RIGHTS AND OBLIGATIONS
3.1. The company:
3.1.1. has the right to change the rules and conditions of use of the site at any time without prior notification of the users/members;
3.1.2. has the right to restrict the options of the site for a specific reason;
3.1.3. has the right to create new services and tools on the site, release new versions of the site or introduce other services and/or features for the users/members;
3.1.4. has the right to limit access to the site if the user/member violates the rules referred to in this agreement;
3.1.5. has the right to interfere with communication between the individuals if it is justified;
3.1.6. undertakes to ensure the confidentiality of personal data.
3.2. The user/member:
3.2.1. undertakes to use the service in accordance with the rules listed in this agreement;
3.2.3. undertakes to familiarize himself with the final revision of the rules and the current pricing policy because continuation of the use of the site means customer's consent to comply with the adopted amendments;
3.2.4. undertakes to stop accessing the site and using the services if he does not intend to comply with the existing rules;
3.2.5. undertakes not to use the site and its services for objectives that are unlawful and contradict the legislation, in particular for financial benefit in any form;
3.2.6. undertakes not to use the site and its services for infringement of the rights or humiliation of an individual or a company, including entrenchment on copyrights;
3.2.7. undertakes not to use the site for advertising, distributing computer viruses or offensive material of compromising, sexual, abusive, racist or threatening nature;
3.2.8. undertakes not to take any actions aimed at disadvantaging the services of the site and deterioration of its work;
3.2.9. undertakes not to harass, annoy, intimidate or threaten any of the site employees and operators;
3.2.10. undertakes to be sincere and honest about his intentions during communication with ladies.
4.1. By signing up to the site the user/member approves that he is familiar with his rights and obligations and undertakes to observe them.
4.2. By signing up to the site the user/member agrees that the profile information may be placed on partner sites.
4.3. By signing up to the site the user/member ensures that he is an adult and is competent in respect of the laws of the state, and agrees not to transfer access to his account to minors. Each user/member bears full responsibility for safeguarding the password which he uses to access our site and for any activities or actions under his password, and must notify the customer support team immediately upon becoming aware of any breach of security or unauthorized use of his account.
4.4. By signing up to the site the user/member warrants and represents us that he has not been convicted of an indictable offence or a felony nor he is required to register as a sex offender with any government authority. The company reserves the right to conduct investigations and background checks on all users/members in order to confirm that they are not in breach of any warranty and to determine whether any representation is false. The user/member consents to allow the company to conduct such investigation and the company reserves the right to refuse and/or terminate his personal account if he breaches any warranty of or his representation proves to be false.
4.5. The site services are provided only to those users/members who have been successfully registered. Each user/member is allowed to have only one account.
4.6. Completing the registration process on the site the user/member must specify up-to-date and accurate information which might be changed accordingly by the edit/update process.
4.7. It is prohibited to publish false or misleading information and if the administration of the site suspects inaccurate information the user's/member's profile will be removed after prevention.
4.8. It is prohibited to use as a username a name of another person or entity which is not lawfully available for use or a name that is otherwise offensive, vulgar or obscene.
4.9. Becoming a registered user, you authorize the site to send you email notifications concerning the site (announcing new female profiles, new incoming letters from ladies, latest news about new features, functionalities, promotions and discounts).
4.10. If necessary the customer support team may enter the user’s/member's account to remove technical problems and check the billing processes.
5.1. Our company reserves the right to terminate the site and suspend or change any services at any time with or without explanations.
5.2. Our company reserves the right to suspend or terminate the user's/member's personal account and access to the services immediately without prior notification or liability in case of breach of one or more provisions of this agreement.
5.3. In case the member's violation triggered financial or moral losses against the site or other users/members of the site, our company reserves the right to take further appropriate actions which may include the loss of any unused credits remaining in member's personal account.
5.4. If we feel that the user's/member's behavior towards any of our employees is at any time threatening or offensive, our company reserves the right to immediately terminate his personal account and such user/member will not be entitled to any refund of unused credits.
5.5. If the member initiates cancellation or refund of any unused credits because of account termination, such requests will be processed according to the "Refund Policy" provisions.
5.6. Any user/member has the right to close personal account at any time and for any reason by submitting a mail-request to the customer support team in "Contact us" section.
5.7. Any closed account may be restored with all unused credits at any time by submitting a mail-request to the customer support team in "Contact us" section. If account is found inaccessible for some reasons the user can re-register and create a new personal account.
6. PAYMENTS AND CONTRIBUTIONS
6.1. Via the site our company provides a range of fee-based services the value of which is determined as follows:
6.1.1. reading letter – free;
6.1.2. writing letter – 10 credits;
6.1.3. one minute of live chat – 1 credit;
6.1.4. sending a wink in chat – 5 credits;
6.1.5. sending a virtual gift – 5 credits;
6.1.6. sending/listening to the voice message – 8 credits;
6.1.7. sending a private photo to a girl by letter/chat – 7 credits;
6.1.8. sending a private video to a girl by letter/chat – 9 credits;
6.1.9. viewing a girl's private photo in profile – 10 credits;
6.1.10. viewing a girl's video presentations – 15 credits for 3 days;
6.1.11. viewing a girl's private photo in letter/chat – 7 credits;
6.1.12. viewing a girl's private video in letter/chat – 9 credits;
6.1.13. real gift delivery –the price is determined individually;
6.1.14. contact information request – 500 credits, or free of charge when spending 1000 credits on the communication with the girl.
6.2. In order to use fee-based services the user needs to purchase a certain amount of credits by debiting the credit or debit card in accordance with the available package of credits and convenient method of payment. Esmeralda-Date.com reserves the right to stop accepting the user's debit or credit card at any time without prior notification.
6.3. Only registered users of the site can acquire credits. Credits in personal account can be used at any time.
6.4. The amount paid for the purchase of credits is nonreturnable. While using any fee-based service the credits will be withdrawn from the user's account automatically with the prior notification in accordance with the current pricing policy. To use the site services the user must have a positive credit balance.
6.5. Prices for credit packages and pricing policy may be changed at any time without prior notification. Current prices for all fee-based services and credit packages are displayed in the user's/member's personal account in "Purchase credits" section. New prices will be applied to the user's/member's next purchase of credits or service use after the adjustments. If the user/member continues to use the services after the price adjustment, it means he consents to new prices. If a price for a credit package is reduced, the member does not have an opportunity to get a refund or additional credits for credits previously purchased at a higher price.
6.6. The member must pay for all the site services that he received. The member is entitled to a refund if the service he has used has been obtained in an improper manner. We reserve the right to offset the foregone services by crediting assets to the member's account.
6.7. The member can use any service that is within his means. If there are not enough credits at the member's personal account he cannot use a service that costs more than the number of credits which he has. The member can at any time view the flow of the credits in his personal account in "Purchase credits" section.
6.8. In case the member thinks that the site charged off his credits by mistake he will be able to file a complaint to our customer support team within 30 days from the incident.
7.1. All intellectual property rights related to the services of the company and all online materials (including texts, software, trademarks, images, illustrations, music, audio/video clips) of the site are owned and controlled by Esmeralda-Date.com. It is prohibited to use the intellectual property of the company for personal gain.
7.2. Except for that information which is in the public domain or for which individuals have given permission, it is strictly forbidden to:
7.2.1. copy, modify, publish, transmit, distribute, display or sell any proprietary information of the company;
7.2.2. use any metatags, codes, screenshots or other devices containing any reference to the site or its services for any purpose.
8. WARRANTIES AND LIABILITY
8.1. We do not guarantee the uninterrupted operation of the site in such circumstances: problems with the Internet connection, shutdowns of the user's/member's equipment, routine maintenance works, force majeure.
8.2. We do not guarantee that the site will be available exclusively in the current format. Changes to the available services of the site may be introduced without prior notification.
8.3. We do not guarantee that the offered services will fully satisfy the user's/member's needs. We shall not accept any liability or claims in cases if users/members have been dissatisfied by the offered services or if any other content doesn’t meet their expectations.
8.4. We are not responsible and accept no liability if the users/members did not succeed with their aims on site, such as: find a wife, a girlfriend or a sex partner; create a serious relationship and a happy family; meet someone or communicate with someone on site or outside of it.
8.5. We are not responsible for the behavior of women when communicating online and in real life. The user's/member's interaction with all women is completely at his own risk. The users/members are entirely responsible for any transactions or agreements, whether online or offline, between them and any lady of the site.
8.6. We assume no liability for any indirect, consequential, incidental, special or punitive damages, including lost profits, arising from the use of profiles of our ladies on other sites.
8.8. We make no warranties or representations in respect of any advice, opinion, statement or other information uploaded or distributed through the site from us, our partners or our users/members.
8.9. We are not responsible for any error, omission, interruption, deactivation, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, the user's/member's communications.
8.10. The users/members bear full responsibility and accept all liability for the information and content they contribute, post, publish, submit, send or otherwise make available on the site or to other individuals and for their online/offline interactions with other individuals, including all possible consequences or outcome of such interactions.
8.11. The users/members acknowledge and agree that we are not liable for the defamatory, offensive, infringing or illegal materials of the third parties, and we reserve the right to remove such materials from the site without any liability whatsoever.
8.12. The users/members acknowledge and agree that we shall not be responsible, 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 content, information, statements, advertising, goods/services or other materials available on or through any third-party site.
8.13. The users/members bear administrative responsibility for any action against the company.
9. ACCEPTANCE OF THE OFFER AND AGREEMENT DURATION
9.2. By using any of the offered services accessible through the site, the user/member confirms his acceptance of this agreement for as long as he continues to use the site.
9.3. If one or more provisions of these terms and conditions become invalid, this will not affect the validity of other provisions referred to in this agreement.
9.4. Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
9.5. All disputes concerning the conclusion and the action of the agreement between the company and the user/member are resolved through negotiations only.
9.6. Comments regarding the site services are directed to the customer support team for consideration. Answers are provided within 5 working days.
9.7. The user/member can terminate the agreement at any time by sending a request to the customer support team in "Contact us" section. In the case of early termination of the agreement, the member receives back the compensation for unspent credits with the deduction of interest.
9.8. The user's/member's personal account is non-transferable and all of his rights to his profile or contents within his account terminate upon the user's/member's death.
10. INTERNATIONAL MARRIAGE BROKER REGULATION ACT (IMBRA)
10.1. All U.S. citizens/residents who became interested in exchanging personal information or meeting personally with non-U.S. citizens/residents agree to fully comply with all provisions of the IMBRA, including the requirement not to make any direct contact with the non-U.S. citizens/residents until they have completed the procedures required by the IMBRA.
10.2. All users/members understand and agree that the use of our services by them is conditioned upon their continuing full compliance with the IMBRA and particularly with the information notification and release requirements.
10.3. All detailed instructions concerning contact information exchange process for U.S./non-U.S. citizens/residents are displayed in the user's/member's personal account on home page in the section "Featured Services".