These Terms and conditions of use constitute a legally binding agreement between you (the "user" or "you") and Equitex Advertising OÜ ("Company" or "we" or "us" or "our") and set forth the terms in which you may use thedatingcritic.com ("Website"). These Terms and conditions of use incorporate our Privacy Policy and together shall be referred to as the "Terms". It is important that you take the time to read the Terms carefully prior to accessing or using the Website.
By accessing or using our Website, you acknowledge that you have read, understood and agree to these Terms. You agree to be bound by these Terms and to comply with all applicable laws and regulations when using the Website. You further acknowledge that these Terms constitute a binding and enforceable legal agreement between you and us.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE IN ANY MANNER.
If you are working on behalf of a company, you warrant that you have the necessary authorization to enter into the Terms and are not prevented by law or governmental authority. You must be at least eighteen (18) years old and have the legal capacity to agree to the Terms. We reserve the right to ask for proof of age at any time to ensure that those who should not be accessing the Website are not.
The Website offers in-depth data, comparison charts, and resources on various items and services run or owned by third-party partners ("Third-party services"). We grant you access to pertinent information, links to third-party websites, landing pages, content, articles, blogs, and reviews written by us, other users, or third-party reviewers. This information is collectively referred to as "Content" and, along with the Website, is deemed "Services".
We, the owners and developers of the Website, conduct analyses and assess data according to our internal standards before presenting third-party services we deem best. The Services are intended only for editorial and informational purposes and may include offensive Content. Any Content posted to the Website is not supported or endorsed by us.
Articles and reviews of products or services are written by our staff or other reviewers. These are informational and based on opinions and personal experiences. You are solely responsible for determining the appropriateness of the information provided. The information is not personalized advice or professional recommendations.
The Services are provided to you at no cost. We keep the Services free and high-quality by charging featured brands an advertising fee for each user purchase.
The Services are for personal, noncommercial use only. You must comply with the Terms when using the Services. You are responsible for any violations of the Terms. You are not permitted to interfere with others' use of the Website. We reserve the right to investigate violations, report to law enforcement, bar users, restrict use for any reason, or stop providing services altogether.
Further, you hereby agree you will not, directly or indirectly:
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
The Website, its licensors, or other providers of such material own the Website and all of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, photos, video, and sound, and the design, selection, and arrangement thereof), which are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Website may include advertisements for third parties or links to other websites or resources, collectively referred to as "Third-party advertisements." The Company has no control over such advertisements and is not liable for them. These are offered as a convenience, and the Company does not examine, authorize, monitor, support, warrant, or guarantee them. Third-party advertisements and information might not be entirely accurate. You are fully responsible for using such websites or resources and all associated risks. The terms and policies of the relevant service provider (including data collection and privacy policies) apply when linking to a third-party website. We recommend conducting an investigation before any transaction with a third party. Your interactions with third-party advertisers, including payments and services, are exclusively between you and the advertiser/merchant.
You release the Company, its officers, staff members, agents, and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind, including personal injuries, death accidents, and property damage, related to or resulting from interactions with or conduct of any other Website users or any Third-party advertisements, whether directly or indirectly.
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT:
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WE (AND OUR AFFILIATES) SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM THESE TERMS OR YOUR USE, OR INABILITY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS AS A RESULT OF ACCESSING AND USING THE SERVICE (INCLUDING THE WEBSITE AND ITS CONTENT) AND THIRD-PARTY ADVERTISEMENTS.
YOU AGREE THAT THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT, OR SERVICES IS LIMITED TO USD 500, DESPITE ANYTHING TO THE CONTRARY CONTAINED HEREIN. THE ABOVE-LISTED DAMAGE LIMITATIONS FORM A ESSENTIAL PART OF THE TERMS BETWEEN THE COMPANY AND YOU.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT DIFFER FROM JURISDICTION TO JURISDICTION BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold harmless the Company (including its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, officers, directors, employees, agents, and representatives) from any third-party claims or demands, including costs and attorneys' fees, arising from (i) your use of the Website, or (ii) your violation of these Terms.
The Company reserves the right to assume exclusive defense and control of any indemnified matter at your expense, and you agree to cooperate. You also agree not to settle any matter without the Company's prior written consent. The Company will notify you of any such claim, action, or proceeding upon becoming aware of it.
Accessing and using the Services is forbidden in areas where it would be against the law. The Company does not guarantee that the Services are acceptable, accessible, or legally available in your country. You are responsible for adhering to applicable local laws when choosing to use the Services.
The laws of England and Wales will govern all aspects related to the Website, these Terms, and any disputes or claims arising from them (including non-contractual disputes).
Any controversy or claim related to the Website, these Terms, or their breach will be resolved by arbitration administered by the International Centre for Dispute Resolution, following its International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes. For more information on these procedures, visit www.icdr.org.
If the Company waives any covenant, condition, or agreement to be performed by you, it does not mean they waive any subsequent breach of that same covenant or any other covenant. Any delay or omission by the Company in exercising its rights due to your noncompliance or default will not impair those rights or be considered a waiver.
If any provisions of the Terms are found to be invalid or unenforceable, such provisions will still continue in full force and effect to the fullest extent permissible by law and will be reformed to represent the parties' original intentions, subject to Section 'Governing law and jurisdiction'.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof, unless otherwise specifically stipulated in these Terms. These Terms supersede all earlier promises, agreements, or representations, whether written or oral, with respect to such subject matter.
The Company has the right to transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation. By accepting these Terms, you give consent to any such assignment and transfer. Placing on the Website a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Company's rights and obligations under the agreement (unless otherwise expressly indicated).
All communications made by electronic means on the Website are regarded as such. By connecting electronically (via the Website or email), you agree that all electronic notices, disclosures, agreements, and communications provided by the Company will have the same legal effect as if they were written and signed. The Company may communicate electronically regarding other matters.
The Company shall not be responsible for any breach of these Terms to the extent that such breach results from causes beyond the Company's reasonable control.
The Company has no duty to provide support or maintenance for the Services under these Terms. However, the Company retains the right to update, rectify, amend, enhance, improve, make any other modifications to, or temporarily stop, the Services and any Content therein. The Company reserves the right to offer Services with a minimal level of technical support, updates, and upgrades. By using the Services, you consent to receive these updates and improvements.
Please revisit this page regularly as we retain the right to sometimes update these Terms at our sole discretion. Any modifications will take effect as soon as the updated version is shown. Always posted will be the most recent version of these Terms. If we make any modifications, the "Last revised" header will update to reflect the new date at the top of these Terms. Your acceptance of the amendments and your consent to be bound by their Terms is indicated by your continued use of the Website after the modified Terms have been displayed. We will make every effort to give written notice if there is a significant change.
