Terms and Conditions
Terms
& Conditions
INDIVIDIUAL USER TERMS OF USE
Welcome to Praying Singles, operated by PRAYING SINGLES INC (the “Company”, “Praying
Singles”, “PS” or “Us” “Service”).
By creating a PS account or by using
our service (collectively, the “Service”) you agree to be bound by these Terms
of Use and our Privacy Policy, which is incorporated by reference into this
Agreement and available through our Service (this “Agreement”). If you do not
accept and agree to be bound by all of the terms of this Agreement, please do
not use the Service.
1) Acceptance of Terms of Use Agreement
a) This Agreement is an
electronic contract that establishes the legally binding terms you must accept
to use the Service. This Agreement includes the Company’s Privacy Policy and
terms disclosed and agreed to by you if you purchase or accept additional
features, products or services we offer on the Service.
b) We may, at any time and for
any reason make changes to this Agreement. We may do this for a variety of
reasons including to reflect changes in or requirements of the law, new
features, or changes in business practices. The most recent version of this
Agreement will be posted on the Services under Settings and also on Praying
Singles.io and you should regularly check for the most recent version. The most
recent version is the version that applies. If the changes include material
changes that affect your rights or obligations, we will notify you of the
changes by reasonable means, which could include notification through the
Services or via email. If you continue to use the Services after the changes become
effective, then you shall be deemed to have accepted those changes. If you
don’t agree to these changes, you must end your relationship with us by ceasing
to use the Services and terminating your profile and subscription with Praying
Singles.
2) Eligibility
You must be at least 18 years of age
to create an account on PS and use the Service. By creating an account and
using the Service, you represent and warrant that you can form a binding
contract with PS, you are not a person who is barred from using the Service
under the laws of the United Kingdom or any other applicable jurisdiction–or
face any other similar prohibition, and you will comply with this Agreement and
all applicable laws and regulations.
3) Creating an Account on PS
In order to use PS, you must have or create a Facebook account and sign in
using your Facebook login. If you do so, you authorize us to access and use
certain Facebook account information, including your public Facebook profile,
email and personal information. For more information regarding the information,
we collect from you and how we use it, please consult our Privacy Policy.
4) Terms for Praying Singles
a) Our service allows users to
meet other users using your geo location, and time frame preferences (our
services providing relevant meeting point venue). In providing details in your
‘set up profile’ such as, photo, occupation, about me, you hereby declare all
information is truthful. In the event that it is determined that any of the
information you have provided is misleading or inaccurate, we reserve the right
to terminate your account.
b) Praying Singles was
established as a platform for people who are serious about meeting other
people, and we do not support untrustworthy or fickle behavior. As such, if you
cancel or fail to turn up to a date on two or more occasions, your account will
be partially blocked for a 24h period and no further dates can be arranged
during this time. By using these Services, you understand and agree that
ongoing offences could result in permanent baring of your PS account by the
Company in its sole discretion. Upon such termination or suspension, you will
not be entitled to any pro-rata refund of unused app purchases.
5) Non-commercial Use by Users
The Service is for personal use only. Users may not use the Service or any
content contained in the Service (including, but not limited to, content of
other users, designs, text, graphics, images, video, logos, software, and
computer code) in connection with any commercial endeavours, such as advertising
or soliciting any user to buy or sell any products or services not offered by
the Company. Users of the Service may not use any information obtained from the
Service to contact, advertise to, solicit, or sell to any other user without
his or her prior explicit consent. Organizations, companies, and/or businesses
may not use the Service for any purpose except with PS’s express consent (such
as for promoted profiles or other advertisements), which PS may provide or deny
in its sole discretion. The Company may investigate and take any available
legal action in response to illegal and/or unauthorized uses of the Service.
6) Account Security
a) You are responsible for
maintaining the confidentiality of your Facebook login credentials that you use
to sign up for PS, and you are solely responsible for all activities that occur
under those credentials.
b) You agree to immediately notify
the Company of any disclosure or unauthorized use of your login credentials at privacy@prayingsingles.com
7) Your Interactions, and personal
safety with Other Users
a) You are solely responsible for
your interactions with other users. You understand that the company currently
does not conduct criminal background checks on its users. The company also does
not verify the statements of its users. The company makes no representations or
warranties as to the conduct of users or their compatibility with any current
or future users. The company reserves the right to conduct any criminal
background check or other screenings (such as sex offender register searches),
at any time and using available public records to the extent permitted by law.
b) The Company is not responsible
for the conduct of any user. As noted in and without limiting Sections 16 and
18 below, in no event shall the Company, its affiliates or its partners be
liable (directly or indirectly) for any losses or damages whatsoever, whether
direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone else in
connection with the use of the Service including, without limitation, death,
bodily injury, emotional distress, and/or any other damages resulting from
communications or meetings with other users or persons you meet through the
Service. You agree to take all necessary precautions in all interactions with
other users, particularly if you decide to communicate off the Service.
8) Content Posted by You in the
Service
a) You are solely responsible for
the content and information that you post, upload, publish, link to, transmit,
record, display or otherwise make available (collectively, “post”) on the
Service or transmit to other users. You may not post as part of the Service, or
transmit to the Company or any other user (either on or off the Service), any
offensive, inaccurate, incomplete, abusive, obscene, profane, threatening,
intimidating, harassing, racially offensive, or illegal material, or any
material that infringes or violates another person’s rights (including
intellectual property rights, and rights of privacy and publicity). You
represent and warrant that;
(i) all information that you submit
upon creation of your account, including information submitted from your
Facebook account, is accurate and truthful and that you will promptly update
any information provided by you that subsequently becomes inaccurate,
incomplete, misleading or false
(ii) you have the right to post the
Content on the Service and grant the licenses set forth below.
b) You understand and agree that the
Company may, but is not obligated to, monitor or review any Content you post as
part of a Service. The Company may delete any Content, in whole or in part,
that in the sole judgment of the Company violates this Agreement or may harm
the reputation of the Service or the Company.
c) By posting Content as part of the
Service, you grant to PS a worldwide, transferable, sub-licensable,
royalty-free, right and license to host, store, use, copy, display, reproduce,
adapt, edit, publish, modify and distribute the Content. This license is for
the limited purpose of operating, developing, providing, promoting, and
improving the Service and researching and developing new ones.
d) In addition to the types of
Content described in Section 9)a) above, the following is a partial list of the
kind of Content that is prohibited in the Service. You may not post, upload,
display or otherwise make available Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual; advocates
harassment or intimidation of another person; requests money from, or is
intended to defraud, other users of the Service; spams or solicits PS’s users;
promotes information that is false or misleading, or promotes illegal
activities or conduct that is defamatory, libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person’s copyrighted work,
such as providing pirated computer programs, images, audio or video files or
links to them; contains video, audio photographs, or images of another person
without his or her permission (or in the case of a minor, the minor’s legal
guardian); contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page); provides
material that exploits people in a sexual, violent or other illegal manner, or
solicits personal information from anyone under the age of 18; provides instructional
information about illegal activities such as making or buying illegal weapons
or drugs, violating someone’s privacy, or providing, disseminating or creating
computer viruses; contains viruses, time bombs, trojan horses, cancelbots,
worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association
with, any person or entity; provides information or data you do not have a
right to make available under law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information); solicits passwords or personal identifying information for
commercial or unlawful purposes from other users or disseminates another
person’s personal information without his or her permission.
e) The Company reserves the right,
in its sole discretion, to investigate and take any legal action against anyone
who violates this provision, including removing the offending communication
from the Service and terminating or suspending the account of such violators.
f) Your use of the Service,
including all Content you post through the Service, must comply with all
applicable laws and regulations. You agree that the Company may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary, such as to:
i) comply with legal process;
ii) enforce this Agreement;
iii) respond to claims that
any Content violates the rights of third parties;
iv) respond to your requests for customer service or allow you to use the
Service in the future;
v) protect the rights,
property or personal safety of the Company or any other person.
g) You agree that any Content you
place on the Service may be viewed by other users and may be viewed by any
person visiting or participating in the Service.
9) Prohibited Activities
The Company reserves the right to
investigate, suspend and/or terminate your account if you have misused the
Service or behaved in a way the Company regards as inappropriate or unlawful,
including actions or communications the occur off the Service but involve users
you meet through the Service. The following is a partial list of the type of
actions that you may not engage in with respect to the Service. You will not;
a) impersonate any person or
entity.
b) solicit money from any
users.
c) post any Content that is
prohibited by Section 8.
d) “stalk” or otherwise harass any
person.
e) express or imply that any
statements you make are endorsed by the Company without our specific prior
written consent.
f) use the Service in an
illegal manner or to commit an illegal act.
g) access the Service in a
jurisdiction in which it is illegal or unauthorized;
h) use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, “data mine”, or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
i) collect usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Service.
j) interfere with or disrupt
the Service or the servers or networks connected to the Service.
k) transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
l) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any information
transmitted to or through the Service (either directly or indirectly through
use of third-party software).
m) “frame” or “mirror” any part of
the Service, without the Company’s prior written authorization.
n) use meta tags or code or
other devices containing any reference to the Company or the Service (or any
trademark, trade name, service mark, logo or slogan of the Company) to direct
any person to any other website for any purpose.
o) modify, adapt, sublicense,
translate, sell, reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Service any software used on or for the Service, or cause
others to do so.
p) post, use, transmit or
distribute, directly or indirectly, (e.g. screen scrape) in any manner or media
any content or information obtained from the Service other than solely in
connection with your use of the Service in accordance with this Agreement.
10) Customer Service
The Company provides assistance and
guidance through its customer care representatives. When communicating with our
customer care representatives, you agree to be respectful and kind. If we feel
that your behavior towards any of our customer care representatives or other
employees is at any time threatening or offensive, we reserve the right to immediately
terminate your account with no refund of any subscription or in app purchase
fees.
11) In App Purchases
If you choose to make an in-app purchase, you will be prompted to enter details
for your account with the mobile platform you are using (e.g., Apple, Android,
etc.) (“your IAP Account”), and your IAP Account will be charged for the in-app
purchase in accordance with the terms disclosed to you at the time of purchase
as well as the general terms for in app purchases that apply to your IAP
Account. You will not be charged re-occurring payments. Please refer to the
terms of your application platform which apply to your in-app purchases.
12) Modifications to Service
The Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that the Company shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service. To
protect the integrity of the Service, the Company reserves the right at any
time in its sole discretion to block users from certain IP addresses from
accessing the Service.
13) Proprietary Rights
The Company owns and retains all proprietary
rights in the Service, and in all content, trademarks, trade names, service
marks and other intellectual property rights related thereto. The Service
contains the copyrighted material, trademarks, and other proprietary
information of the Company and its licensors. You agree to not copy, modify,
transmit, create any derivative works from, make use of, or reproduce in any
way any copyrighted material, trademarks, trade names, service marks, or other
intellectual property or proprietary information accessible through the
Service, without first obtaining the prior written consent of the Company or,
if such property is not owned by the Company, the owner of such intellectual
property or proprietary rights. You agree to not remove, obscure or otherwise
alter any proprietary notices appearing on any content, including copyright,
trademark and other intellectual property notices.
14) Copyright
a) 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. If you believe that your work has been
copied and posted on the Service in a way that constitutes copyright
infringement, please provide Praying Singles with the following information:
i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
ii) a description of the
copyrighted work that you claim has been infringed;
iii) a description of where
the material that you claim is infringing is located on the Service (and such
description must be reasonably sufficient to enable the Company to find the
alleged infringing material, such as a url);
iv) your address, telephone
number and email address;
v) 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; and
vi) 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
owner’s behalf.
b) Notice of claims of
copyright infringement should be provided to us at privacy@prayingsingles.com
15) Disclaimers
a) You acknowledge and agree that neither the Company nor its affiliates and
third-party partners are responsible for and shall not have any liability,
directly or indirectly, for any loss or damage, including personal injury or
death, as a result of or alleged to be the result of;
i) any incorrect or inaccurate
Content posted in the Service, whether caused by users or any of the equipment
or programming associated with or utilized in the Service;
ii) the timeliness, deletion
or removal, incorrect delivery or failure to store any Content or
communications;
iii) the conduct, whether
online or offline, of any user;
iv) any error, omission or
defect in, interruption, deletion, alteration, delay in operation or
transmission, theft or destruction of, or unauthorized access to, any user or
user communications;
v) Any problems, failure 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 website or combination thereof, including injury or damage
to users or to any other person’s computer or device related to or resulting
from participating or downloading materials in connection with the Internet
and/or in connection with the Service.
b) To the maximum extent allowed by
applicable law, the company provides the service on an “as is” and “as
available” basis and grants no warranties of any kind, whether express,
implied, statutory or otherwise with respect to the service (including all
content contained therein), including (without limitation) any implied
warranties of satisfactory quality, merchantability, fitness for a particular
purpose or non- infringement. The company does not represent or warrant that
the service will be uninterrupted or error free, secure or that any defects or
errors in the service will be corrected.
c) Any material downloaded or
otherwise obtained through the use of the service is accessed at your own
discretion and risk, and you will be solely responsible for and hereby waive
any and all claims and causes of action with respect to any damage to your
device, computer system, internet access, download or display device, or loss
or corruption of data that results or may result from the download of any such
material. If you do not accept this limitation of liability, you are not authorized
to download or obtain any material through the service.
16) Limitation on Liability
To the fullest extent allowed by applicable law, in no event will the company,
its affiliates, business partners, licensors or service providers be liable to
you or any third person for any indirect, reliance, consequential, exemplary,
incidental, special or punitive damages, including, without limitation, loss of
profits, loss of goodwill, damages for loss, corruption or breaches of data or
programs, service interruptions and procurement of substitute services, even if
the company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the company’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 the
company for the service while you have an account.
17) Indemnity by You
You agree to indemnify and hold the Company, its subsidiaries, and affiliates,
and its and their officers, agents, 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 breach of or failure to comply
with this Agreement (including any breach of your representations and
warranties contained herein), any postings or Content you post in the Service,
and the violation of any law or regulation by you. The Company reserves the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
the Company in connection therewith
18) Notice
The Company may provide you with notices, including those regarding changes to
this Agreement, using any reasonable means, which may include email or postings
in the Service. Such notices may not be received if you violate this Agreement
by accessing the Service in an unauthorized manner. You agree that you are
deemed to have received any and all notices that would have been delivered had
you accessed the Service in an authourized manner.
19) Entire Agreement
This Agreement, with the Privacy Policy and any specific guidelines or rules
that are separately posted for particular services or offers in the Service,
contains the entire agreement between you and the Company regarding the use of
the Service. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. The failure of the
Company to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. You agree that your PS
account is non-transferable and all of your rights to your profile or contents
within your PS account terminate upon your death. No agency, partnership, joint
venture or employment is created as a result of this Agreement and you may not
make any representations or bind the Company in any manner.
20) Applicable law
This Agreement, its subject matter and its formation, are governed by Canadian
law.