THIS AGREEMENT WAS LAST UPDATED ON January 01, 2018
THESE TERMS AND CONDITIONS OF USE (“Agreement” OR “Terms”) ARE A BINDING CONTRACT.
BY USING THIS SITE IN ANY CAPACITY YOU FULLY UNDERSTAND AND AGREE TO THE FOLLOWING STATEMENT: The Service is an entertainment service offered for amusement purposes. You understand, acknowledge and agree that some profiles appearing on the Site may be fictitious, created or operated by the Site or third party contractors. The purpose of these types of profiles is to stimulate conversation with users and encourage further and broader participation in all of our Site's Services. In addition, these types of profiles serve to sample user activities and communications to ensure compliance with our Terms of Service/ User Agreement. You understand, acknowledge and agree that said profiles do not pertain to any actual person, but are included in the Service for the reasons stated hereinabove. Any similarity between such fictitious profiles and any real person, living or dead, is purely coincidental. You further understand, acknowledge and agree that the Service personnel or contractors may contact Members, from time to time, via computer generated instant messages or emails for purposes of encouraging further or broader participation in the Service. Such messages and emails can also serve the purpose of monitoring user activity. In the event a user responds to a Service initiated message or email, the user may receive one or more further communications from said Service personnel or contractors. You understand, acknowledge and agree that no physical meeting will ever take place and that the aforesaid exchange of communications is for the purpose of your entertainment and amusement, to encourage broader participation and use of the Site and Services and/or to monitor user activities.
THIS SITE CONTAINS ADULT MATERIALS THAT YOU MAY BE PROHIBITED FROM VIEWING. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU WILL NOT ACCESS OR ATTEMPT TO ACCESS THE SITE IN ANY WAY THAT IS NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT.
These Terms and Conditions of Use (“Agreement”) defines the relationship between our site, DarkCavern.com (“DarkCavern”, “DC”, or “Site”) or any related service through our dating platform (“Service”), and you, the person viewing, interacting, or registering with our Site. Your use of this Site and the Services is contingent upon your eligibility, which means you must be at least eighteen years old and not from a country where viewing adult content is prohibited.
By accepting this agreement you agree and acknowledge that you must comply with any and all provisions of 18 U.S.C. 2257, and that our Site is a platform to display content and is not required to keep records under 18 U.S.C. 2257. You agree to abide by any record keeping requirements of 2257, and to furnish any documents to verify any requested identities under 2257 to us if demanded
In order to visit, view, interact with, or become a member of this Site you must be of legal age (or at least 18 years of age). Legal age is intended to have the meaning of the age of majority in your state or country that would allow you, if not otherwise prohibited by law, to view or interact this Site and enter into this binding Agreement. For further clarity, our Site and related dating service(s) are not available in Ghana, Nigeria, Somalia, Iran, Iraq, North Korea, and anywhere that is either on the U.S. embargo list or that we deem to be unavailable at any time without notice or liability.
Those who do not meet the above criteria must leave immediately and inform of us your noncompliance so that we may keep a record of it.
2. RULES OF CONDUCT
When using, accessing, visiting, viewing, or interacting with any member, you agree that:
You will not use the site or the dating platform to engage in any illegal conduct, allude to or request any illegal conduct;
You will not harass and/or stalk any member or behave in lewd conduct.
You will not post any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
You will not Impersonate any person, entity, or company;
You will not use our Site to send “spam”, texts, phone calls, or other unsolicited commercial or non-commercial material to any of our other members;
You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulates the site in any way, or otherwise compromise the security, safety, or privacy of our Site or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
You will not engage or solicit any members to buy or sell products or services unless expressly authorized by the Site;
You will not share your login and password with anyone;
You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Site, unless we have given you our express written consent to do so, which we may revoke at any time;
Post any content that depicts incest, warez, scatological content, feces, urination, genital mutilation, underage teenage modeling, death, bestiality, obscenity, or anything that we find objectionable. What is considered “objectionable” is up to us.
You may not access this site if you have ever been charged with or convicted of any violent crime or crime that is sexual in nature (please note we do not screen for or ask for this information).
In addition to the above you will report any images, real or simulated, that appear to depict minors or acts of violence on our Site or related Service. If you see any images or other depictions that are questionable, you agree to report these images by emailing support immediately. Interference. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any part of our Site or any of the Content available on our Site or Service. If you do not adhere to this provision of this Agreement, you hereby stipulate to and agree to pay liquidated damages of $10000 plus any and all fees associated with recovery of these damages, including legal fees and costs.
3. USER CONTENT
Our Site offers dating for adults, which inevitably may contain material that you may think is “objectionable”. Some materials may be explicit and by viewing the site you accept this Agreement and consent to the transmission of any materials, whether explicit or not, to you via the Site. Furthermore, DarkCavern is a Site built using Content, meaning what you see was created by our members. We do not endorse, verify, or guarantee the accuracy of any Content or between any communications of our members on or off the Site.
If you are given the ability to post Content, or interact with other members, you agree to do so in a truthful and tasteful manner. You are responsible for your conduct, and we expect you to behave accordingly and release us from any liability that may result from your use or misuse, or another’s use or misuse of the Content, Site, or Service. We reserve the right to edit, monitor, review, or remove Content without notice, and at our sole discretion. Our failure to do so does not waive our right to pursue you or someone else for the same or similar actions.
Should you choose the option listed on our Site to remove your profile, your profile may be removed from our databases at our discretion. Should you choose to remove your profile, parts of your profile may remain viewable by those members who have contacted you or been contacted by you via the Service's internal email or instant messaging systems. We may also retain copies of your information for our own protection.
4. REGISTRATION; FEES; BILLING
Some sections of our Site may require you to become a member in order to view them or have access to specific functions of the Site. In registering for an account for yourself, or for another that you have legal authorization to register on their behalf, you agree that you will provide accurate and truthful information and continue to provide accurate and truthful information.
Some parts of the Site or Service may also require you to pay a fee. While the basic membership does not require a fee, you may be limited in how you can interact with the Site or the other members of our Site. You agree you will not do anything as a free member that you are not allowed to do, which means circumventing any parts of our Site, attempting to contact members in a way that would be deceitful or in a manner that is intended to circumvent paying the fee. Paid members will be billed at the applicable rate they subscribed to, and agree to have the charge deducted from their credit card or account every month in accordance with this Agreement.
We reserve the right to terminate your account at any time. This includes but is not limited to, our belief that you have shared or assigned your account to any other person or third party. You are not authorized to share your account with anyone else, and if we discover that you have we reserve the right to bill you, and those whom were sharing your account, for the number of people you have shared your account with.
We reserve the right to terminate your account and delete all of your information at any time if your account is past due.
5. THIRD PARTY SITES; MESSAGING; INTERACTIONS
Our Site consists of content from third parties, who may or may not be members, and may include images, pictures, information, telephone numbers, messages, or advertisements. In addition, you may also find links to third party sites or advertisements. By virtue of interacting with or viewing this Site you agree that we are not responsible in any way, shape, or form for any contact or interactions between members or users that may be the result of the display of information or through an advertisement.
Any applications or messaging systems that may be provided by the Site is merely as a convenience to members and is not intended to facilitate any interaction or communication, whether directly or indirectly, between users or members. Whether or not theses services are provided, you agree that all communications may not be private and may be accessible by other parties, whether or not they were the intended recipient of such message or communication.
It is your responsibility to ensure your safety when interacting with any member of the Site. Please use caution, care, and responsibility as we do not vet or screen any members.
6. INTELLECTUAL PROPERTY
Content that you provide is done so with the agreement you are providing to DarkCavern an irrevocable, worldwide, sublicensable, and perpetual license to use the Content you provide, in any way it deems necessary. We may modify, transmit, arrange, create derivatives of, and translate any of your Content, without compensation to you, at any time. However, you must only provide Content that you have the rights to. In addition to this, you promise that any photo you upload will be of you, and you must be at least 18 years old in the photograph. If you do not, please do not provide it.
We do not allow copyright infringement to occur on our site. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact us via email at support <at> DarkCavern .com
The DMCA notice should identify the name of the copyright owner and, if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our Site, and the following statement:
I have a good faith belief that use of the copyrighted materials described above, as allegeEBy infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegeEBy infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is acceptable.
In addition to the above, all marks or materials of the Site, or the Service, are the property of DarkCavern and its subsidiaries or affiliates. You may not use or copy any portion of this site, its look and feel, including this Agreement, without our express written permission. Any intellectual property rights of others that are located on the Site are the property of their applicable owners and are protected by the intellectual property laws of their jurisdiction of domicile.
Use of the Site may expose you and others to liability whether or not you knew, had notice of, or actually interacted with the Site in any way. You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you or us. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
8. CANCELLATION PROCEDURE AND REFUND POLICY
Cancellation of your paid membership may be requested through the billing company that you used to purchase a membership from or via Service support. All holders of paid memberships, including and exceeding one month, are advised to cancel their membership at least 48 hours before their renewal date to allow time for cancellation processing. You accept that when you cancel your membership to the Service you will retain any time left under your current membership, but that after that time, you acknowledge your information will be removed and access blocked and we will have no liability to you for the loss of any Content. Refunds are assesed on a case by case basis and we ask you to contact support should you request a refund.
9. LIMITATION OF LIABILITY AND WARRANTY
DarkCavern IS A PASSIVE WEBSITE, AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IT IS ALSO NOT REQUIRED TO PERFORM BACKGROUND CHECKS ON MEMBERS. WE DO NOT ENDORSE OR APPROVE ANY MEMBER, OR VERIFY THEIR AGE, GENDER, OR THEIR RELIABILITY. YOU MUST NOT RELY ON ANY STATEMENT BY ANY MEMBER AS BEING COMPLETELY TRUTHFUL, AND YOU NEED TO INDEPENDENTLY VERIFY ALL STATEMENTS MADE. THE USE OF THE SITE IS AT YOUR OWN RISK, AND WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIEDWE EXPRESSLY DISCLAIM ALL LIABILITY ASSOCIATED WITH, AND DO NOT REPRESENT OR WARRANT THAT: ANY ADVERTISEMENT OR INFORMATION ABOUT A USER OR MEMBER IS TRUE OR ACCURATE, THAT ANY INTERACTIONS BETWEEN MEMBERS WILL BE SAFE, CONFIDENTIAL, OR SECURE, THAT ANY PART OF THE SITE WILL MEET YOUR EXPECATIONS, OR THAT THE SITE WILL ALWAYS BE AVAILABLE.
WE CANNOT GUARANTEE THE SITE WILL MEET YOUR EXPECTATIONS OR THAT YOU WILL BE SAFE. WE DISCLAIM ALL LIABILITY TO YOU, AND ANY THIRD PARTY AFFECTED BY YOUR USE OF THE SITE OR SERVICE, INCLUDING ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES. IF ANY JURISDICTION DOES NOT PERMIT THE LIMITATION OF REMEMDIES OR WARRANTIES OUR LIABILITY IN THOSE JURISDICTIONS WILL NOT EXCEED ANY FEES PAID DIRECTLY TO DarkCavern BY YOU DURING THE PREVIOUS TWELVE MONTHS. WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME, WITHOUT NOTICE OR COMPENSATION TO YOU.
10. DISPUTE RESOLUTION
You agree that the provisions of this Agreement, and any breaches of it, are deemed to occur in the state of Nevada. The laws which apply to this Agreement are those applicable in Nevada. The prevailing party in any dispute, whether resolved via litigation, arbitration, or negotiations, shall be entitled to its reasonable attorneys’ fees and costs. No delay in enforcing our rights, or decision not to enforce our rights in a particular case, shall be indicative of our waiver of our right to enforce that right or any other right in the future.
11. MODIFICATIONS AND ASSIGNMENTS
We may modify this Agreement from time to time and it is up to you to review the changes. You agree, through your continued use of the Site, to all of the modifications made to this Agreement. To the degree any modification would be material, we will attempt to notify you first of such change but you will still be bound by such modifications. Your only recourse if you do not agree to the modifications is to stop using our Site. In addition, we reserve the right to transfer or assign this Agreement in the event we are bought, sold, purchased, or acquired. You may not assign or transfer this Agreement to any third party without our express written permission.
Invalid or unenforceable provisions will not affect the rest of this Agreement, and the remainder shall stay in full force as if the provision in question has been removed. DarkCavern reserves the right to terminate, suspend, and blacklist any IP block from using or viewing any part of the Site, as well as the deactivation of any account of any member without notice or liability, and in its sole discretion, for any reason. Once terminated, you will cease interacting with any member of the Site and will not attempt to circumvent any part of our Site or use any other members account to access the Site.
DARKCAVERN WILL COMMUNICATE WITH YOU BY EMAIL OR BY POSTING NOTICES ON THE SITE. BY AGREEING TO THESE TERMS YOU CONSENT TO RECEIVING SUCH COMMUNICATIONS, INCLUDING SEXUALLY ORIENTED MATERIALS, AND THAT THEY WILL SATISFY ANY LEGAL REQUIREMENTS IN YOUR JURISDICTION THAT REQUIRE A “WRITING”. ANY COMPLAINTS ABOUT OUR SERVICE OR MEMBERS SHOULD UTILIZE OUR FAQ SECTION VIA THE SUPPORT LINK
COPYRIGHT 2018. ALL RIGHTS RESERVED.