TERMS OF SERVICE
Last Revised: 1st of June, 2021
These Terms and Conditions of Services (hereinafter these “Terms”) are a legal contract between "You" and:
These Terms of Service and the pages on the Website and/or the App to which these terms refer constitute the entire agreement between you and the Company (defined hereunder) in respect of your use of the Service and the Website and/or the App. Any agreement that may have been made in the past is hereby cancelled and replaced.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE WEBSITE AND/OR THE APP AND ASSUME THE RISK FOR ALL SUCH INTERACTIONS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. SEE SPECIFIC DISCLAIMERS REGARDING ONLINE DATING (SECTION 4, BELOW) FOR ADDITIONAL INFORMATION.
WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS WEBSITE IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT MAY APPLY TO YOU.
THE WEBSITE AND/OR THE APP IS NOT AN ESCORT SERVICE AND DISTANCES ITSELF FROM SUCH ACTIVITIES. THE COMPANY WILL IN NO WAY SUPPORT ESCORT OR PROSTITUTION SERVICES TRYING TO USE THE WEBSITE AND/OR THE APP TO PROMOTE SUCH SERVICES. PROFILES SUSPECTED OF ABUSE WILL BE INVESTIGATED, BLOCKED OR EXCLUDED FROM THE WEBSITE AND/OR THE APP. ALL ACTIVITY SUSPECTED OF INVOLVING ESCORT SERVICES, PROSTITUTION OR SIMILAR IS NOT ALLOWED ON THE WEBSITE AND/OR THE APP AND WILL, WITHOUT WARNING, RESULT IN THE IMMEDIATE DELETION OF THE PROFILE.
It is considered as a violation of these terms and conditions to ask for “hourly rates” or give “information about prices” and the Company sees this as unacceptable behaviour. This will, after repeated violations, result in the immediate deletion of the profile. It is emphasized that the Company distances itself from such activities and does not wish to be associated with or to promote such activities. Profiles, whose primary purpose is to sell pictures, videos, webcam shows, telephone or Skype calls and similar “services”, which resemble actual prostitution, will, without warning, be deleted.
In this Agreement, the following expressions have the corresponding meanings:
- “App” means the iOS or Android ‘Victoria Milan’ app owned and operated by the Company.
-"Company" means Neon Media Ltd, a limited liability company registered in Malta with registration number C73470 and with registered office located at 33/34, 3rd Floor, Regent House, Bisazza Street, Sliema, Malta SLM 1640.
- "Content" has the meaning given to it in Section 8 below.
- ‘Intellectual Property Rights’ shall mean all vested, contingent and future intellectual property rights including but not limited to patents, utility models, rights to inventions, mathematical methods, mathematical formulas, mathematical algorithms, copyright and neighbouring and related rights, aesthetic creations, moral rights, sui generis rights (as recognised and protected by the provisions of the Copyright Act – Chapter 415 of the Laws of Malta), trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights (whether registered or unregistered), rights in computer software, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- “Member(s)” refers to any or all registered users of our Service, whether or not Premium Members (as defined in clause 2.3), hereinafter also referred to as “you” or “your”.
- "Personal Data" has the meaning ascribed to it in the Maltese Data Protection Act (Chapter 440 of the laws of Malta).
- "Service" means the functionality at any given time made available for members via the Website and/or the App.
- "Website" means this website which is owned and operated by the Company.
- "We", "us" and "our" all refer to the Company.
2. THE SERVICE
2.1 Description of the Service
The Service is an internet information service that facilitates contact between Members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other Member or Members for you. The Company simply provides an interactive way for users to communicate and entertain themselves.
You must be 18 years old or older to register as a Member of the Service or to use this Website and/or the App.
By accessing or using the Website and/or the App and using the Service, 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 herein.
If you become a Member, you represent and warrant that you have not been convicted of any offence or subject to any court order relating to violence, assault, sexual misconduct or harassment; and that you have never been convicted of a criminal offence punishable with at least one years’ imprisonment; and that you are not required to register as a sex offender with any governmental agency.
By using the Website and/or the App, you agree to be bound by this Agreement and to comply with all of the Terms of Service.
Any use of the Service is void where prohibited. A breach of this clause 2.2 constitutes a serious breach of this Agreement.
You may become a Member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service and is subject to change without further notice, including shutting down the Service for non-paying Members completely. The features available from time to time to free Members are available on the “Membership” page.
In order to access certain parts of the Service and additional features, you must become a paying subscriber to the Service (hereinafter referred to as “Premium Members”, and the term “Premium Membership” shall be construed accordingly). Your use of those additional features is conditional upon the payment of the relevant fees and subject to change in accordance with the clauses set out below (see in particular clause 2.5 below). The features available from time to time to paying Members are available on the “Membership” page.
Subscription plans for Premium Membership and the corresponding fees are located on the "Membership" page. These subscription fees are subject to change, which changes will be posted on the website and/or communicated to you by e-mail or private message via the Service.
Certain features of the Website and/or the App are only available to Premium Members upon additional payment. To activate these features, Premium Members may choose one of our credits packages. The features available from time to time to Premium Members upon additional payment are available on the “Membership” page. Details of credits packages are available on the Credit Packages page, which is accessible to all Premium Members.
Once we have confirmed receipt of your payment, we will credit your account with the number of credits purchased.
A Premium Member whose account has lapsed or who has no remaining credits may not be able to access certain additional features until additional credits are purchased.
We reserve the right to cancel without refund any unused credits on such date that is the earlier of 90 days from the date of your last login or 180 days from the date of purchase.
Subscriptions for Premium Membership can be acquired at the prices, for the periods and by the payment methods specified on the "Membership" page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated. The full amount payable for the subscription period chosen is charged upon acquisition of the Premium Membership.
After your initial membership period, your subscription will be automatically renewed for the same price and package length. By subscribing, you authorise us to charge your card now and upon each renewal. Your Payment method will continue to be periodically charged for the subscription for the price and time period you agreed to when subscribing. You can cancel your membership via your “My membership” details page.
Due to processing time from payment providers, please note that any recurring card payments will take effect before your membership expires. Recurring bank payment solutions (iDeal, ELV etc.) will take effect within approximately 5 business days before your membership expires. Should you wish to cancel your automatic renewal, you need to contact customer service (or check our Help Centre for information regarding how to do it on the Website.) and request cancellation at least 7 calendar days before renewal date due to processing times. If a new membership cycle has begun after receiving such notice, that amount cannot be refunded.
Please note, if you previously have cancelled an automatic renewal, purchasing a new subscription will re-instate your automatic renewal as described above.
You must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly and is securely stored for your ease of payment. By purchasing our service you automatically authorise us to securely store your payment details which may only be used for the automatic renewal of your subscription.
Successful charging of renewal fees will ensure your account privileges are maintained at the level of the package being renewed.
In the case of automatic renewal charges being declined your account will be downgraded until the charge for renewal is accepted following which, the status of your account will be reinstated within 24 hours for the value of the charge successfully passed should this be less than the value of the original package being renewed.
We may at any time change our price for a subscription. If you currently are in a subscription period (and not in the initial signup period), the prices will take effect from the first calendar month after a notice of price changes has been sent to the email address provided by the user upon registration. You may terminate the Agreement if you do not accept the price increase.
By purchasing a Premium Membership, you authorize the Company to charge those fees on a recurring basis in accordance with your subscription plan and as detailed above.
The Company may, from time to time, make available to free Members trial periods of Premium Memberships. Fees for such trial periods and payment methods, if any, will be indicated on the Website and/or the App on the page indicating such trial period. Methods of cancellation of such trial periods will also be indicated on the said page.
The forty-eight (48) hour trial Premium Membership automatically renews to a fix six (6) month Premium Membership after forty-eight (48) hours. The one (1) month trial Premium Membership automatically renews to a one (1) month Premium Membership. Should you wish to cancel auto-renewal of any of these trial Premium packages, please contact our support team here or check our Help Centre for information regarding how to do it on the Website.
Where a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
In the case of declined charges, for your convenience, we may opt, at our discretion, to charge the due fees in parts to assist in ease of payment through your chosen credit provider. However, the amounts shall not exceed in total the value of the package being renewed. For example, we may opt to charge the full amount of a twelve-month membership in two, six-month instalments or less. We may also opt to spread the charges over a period of time within the package pack, for example within the six-month period should you choose a six-month membership. At our discretion and to assist with ease of acceptance, such recharging may be delayed and affected at varying frequency.
In cases where fees are continuously declined, at our discretion, we may opt to contact you to assist you with payment of the outstanding funds and reactivation of your account. You are also invited to contact us on support@EliteMeetsBeauty.com in the event of such case so we can expedite the resolution of such matters.
No fees or charges are refundable under any circumstance unless otherwise required by applicable law or as specified herein. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. You agree that should you have any issues in relation to your payment, such as duplicate billing or erroneously renewed subscriptions, you will open a support ticket through the Website or the App (on the Contact Us page or on the support email address support@EliteMeetsBeauty.com) to resolve the issue. Kindly note that by accepting our terms you, as a member of our website, consent to the storage of your payment credentials in a tokenized form and allow our company to charge them as described in this section. We reserve the right to use this data for analytic purposes and disclose the payment and personal information provided with the relevant payment processors in the event of an unwarranted payment reversal on your account. We do this with accordance with the Payment Card Industry Data Security Standard as well as with the GDPR standards set towards our company.
Where the customer fails to make a payment or falls into arrears, We reserve the right to engage the services of a debt collection company and demand these costs from the customer. We also reserve the right to charge interest on arrears, the amount of which shall be in accordance with statutory provisions.
We reserve the right to demand that the customer pays the expenses arising from the unauthorised cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
2.6 Member details, Member ID and password
Features and services offered on or through the Website and/or the App require you to open an account, including establishing a login ID (username) and password.
You are responsible for all details you provide. You must ensure that the details you provide are truthful and describe you personally. You agree not to present data from third parties as yours.
You agree not to choose a username that may represent you as someone else or that may otherwise violate third party rights. We may refuse to accept any username for any reason, including that the proposed login ID impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion.
You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID.
The subscription is personal to you and the Service is offered exclusively for personal use of individuals. You agree not to transfer or resell your use of or access to the Website and/or the App to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
You agree to notify the Company immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security.
You may be held liable for losses incurred by the Company or any other user of or visitor to the Website and/or the App due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations
2.7 Bonus codes
Bonus codes are a limited time offer. Bonus codes are only valid for the first initial payment and the user will be charged the regular amount for any further recurring payments. Bonus codes are only valid for Premium Membership fees or credit packs, depending on the received code. Bonus codes are not transferable or redeemable for cash or credit. Bonus codes cannot be applied to existing or previously purchased membership plans. Your use of Bonus codes is subject to this Agreement.
2.8 The App
As far as the iOS App is available, use of and registration as a Member via the iOS App requires prior download of the App via Apple Inc’s ‘iTunes App Store’. As far as an iOS App is available, your use of the said App must comply with Apple Inc’s then-current App Store Terms of Service, which are available here, and payments for in-app purchases via this App are subject to Apple Inc’s then-current iTunes App Store rules, available here.
As far as the Android App is available, use of and registration as a Member via the Android App requires prior download of the App via Google Inc’s ‘Google Play Store’. As far as the Android App is available, your use of this App must comply with Google Inc’s then-current Android Market terms of Service, which are available here, and payment for in-app purchases via this App are subject to the Google’s then-current Play Store rules, available here.
The Company is not responsible for third party content, including any content provided by Apple Inc. and/or Google Inc. and/or any of their affiliated companies. Moreover, the Company is not responsible for any applicable third party terms and conditions, including Apple Inc’s and Google’s terms and conditions and/or any terms and conditions of their affiliated companies. It is your responsibility to ensure compliance with such terms and conditions.
2.9 Waiver of right of withdrawal
Under Maltese law you have an automatic statutory right of withdrawal from contracts for purchases of digital content. However when you subscribe you agree that the content of the Website and/or the App will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal.
3. SPECIFIC DISCLAIMERS REGARDING ONLINE DATING
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. 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.
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, ITS PARTNERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES 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 WEBSITE AND/OR THE APP OR SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE WEBSITE AND/OR THE APP OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER MEMBER. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS.
REMEMBER TO ACT WITH CAUTION WHEN COMMUNICATING WITH ANY STRANGER THAT WOULD LIKE TO MEET YOU. PLEASE READ OUR SAFETY TIPS PRIOR TO USING THE SERVICE.
4. OBLIGATION OF USER
4.1 Own risk
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE AND THE WEBSITE AND/OR THE APP IS SOLELY AT YOUR OWN RISK. The Company undertakes to deliver a website, an app and a service which aims to provide you with the opportunity to come into contact with other individuals based upon criteria defined by you, but the Company takes no responsibility or accepts no liability for any economic or non-economic loss or damage you should suffer to the use of the Website and/or the App and/or Service or by the Website and/or the App and/or Service not functioning according to your expectations.
Furthermore, you understand that you are solely responsible for your interaction with other Members of the Service. The Company cannot and does not warrant that each Member or user of the Service is who he or she claims to be. Additionally, the Company cannot and does not warrant that Member profiles are reliable, accurate or complete. You are advised not to assume that Member profiles and information provided by Members are accurate. A person may not be who he or she claims to be. We do not verify the accuracy or truthfulness of any content published by Members although we are entitled, but not obliged, to investigate the content of profiles for compliance with law, this Agreement and any other applicable rules. Accordingly, you must exercise caution in dealing with other members or users of the Service or the Website and/or the App.
4.2 Accurate information
It is your responsibility to ensure that the information that you supply to the Service, the Website and/or the App and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person (physical or legal) in any way. A breach of this clause 4.2 constitutes a serious breach of this Agreement.
4.3 Information provided by you
It is your responsibility to ensure that any information or material you upload to the Service, including but not limited to information and/or material contained in your personal profile, does not violate any laws or regulation in any jurisdiction, or the rights of third parties. We reserve the right to remove any such information or material without further notice and to claim compensation for any costs or damages such information or material has caused us.
DO NOT POST OR UPLOAD ANY OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.
A breach of this clause 4.3 constitutes a serious breach of this Agreement.
4.4 Your obligations
You agree to be bound by the following rules regarding the use of the Service and/or the Website and/or the App.
You agree to treat other Members’ data, emails and other forms of correspondence that you obtain through the Service as confidential; you also agree to refrain from making such data available to third parties without the consent of their originator. You undertake not to pass on the data of non-Members.
Any Use or attempted Use of the Website and/or the App (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the Website and/or the App ; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by the Company to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website or the App or Service, you agree you will not:
a, Breach any applicable law, regulation or code of conduct;
b, Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, racist or xenophobic, or otherwise objectionable, that incites violence, or that may invade another's right of privacy or publicity or otherwise infringes the rights of others;
c, "Stalk" or otherwise harass a person;
d, Impersonate any person or entity;
e, Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non disclosure agreements);
f, Reveal any information that enables a Member to be personally identified or contacted by means other than through the Service, including last name, postal address, email address or telephone number;
g, Upload or transmit any message, information, data, text, software or images, or other content that provides instructional information about illegally or potentially harmful activities;
h, Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website, the App, the Service or another's computer or property of another;
i, Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
j, Use any of the Website’s or the App’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
k, Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
l, Encourage or request others to engaged in commercial activities, and/or purchase or sales of whatever nature;
m, Solicit money from any Members;
n, Solicit passwords or personal identifying information for commercial or unauthorised or unlawful purposes from Members;
o, Upload or transmit any message, information, data, text, software or images, or other content that exploits anyone in a sexual or violent manner;
p, Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
q, Delete or revise any material posted by any other person or entity;
r, Probe, scan, test the vulnerability of or breach the authentication measures of, the Website, the App or any related networks or systems;
s, Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
t, Harvest or otherwise collect information about others, including e-mail addresses; or
u, Use any robot, spider, scraper, or other automated or manual means to access the Website and/or the App, or copy any Content or information on the Website or on the App.
The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
You also agree to reimburse the Company for any damage, loss, cost or expense the Company incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Website and/or the App for any unlawful or prohibited purpose. Except in the case of intentional damage, your liability is limited to EUR 10,000.
A breach of this clause 4.4 constitutes a serious breach of this Agreement.
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of this Agreement. This includes the right to, at our discretion, engage one or more third parties to provide online security functions for our customers.
5.2 Editing information
We are not under an obligation to monitor or review messages or material posted or sent by users of the Service, and are not responsible for any content of these messages or materials. However, in the interests of our Members’ safety, we are obliged by law to monitor activity on the website and the App. As a result, the Company may be required to delete, move or edit messages or material (including profiles, messages, videos and audio recordings).
5.3 Test Profiles
You understand that the Company or its affiliates may, from time to time, create test user profiles for the purpose of testing the functionality of the Service and Website and/or App processes and to improve the quality of Service.
5.4 Communications from Company
5.5 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information by implementing all reasonable security measures as required by applicable data protection legislation, we do not warrant and cannot ensure the security of any information which you transmit over the Internet. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
5.6 Data protection
6. RESTRICTED USE
Unless otherwise agreed in writing and without prejudice to the Company’s Intellectual Property Rights, the Company grants you a personal, non-exclusive, non-transferable, limited license to use the Website and/or the App and to view or access the Services solely for your personal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website, the App, the Services, any of the Company’s Intellectual Property Rights or any other Content available via the Website and/or the App (including any websites or mobile applications contained therein). You further agree not to modify the Website and/or the App, or any part thereof, in any form or manner. You may not attempt to gain any unauthorized access to the Website and/or the App or any of their associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, Intellectual Property Rights or information contained on or offered through the Website, the App or the Services is permitted, unless expressly specified in a prior written agreement between you and the Company.
The information you obtain from the Website and/or the App cannot be used for commercial purposes or purposes that breach this Agreement.
A breach of this clause 6 constitutes a serious breach of this Agreement.
7. ADVERTISEMENTS AND THIRD PARTY WEBSITES
Responsibility for the content of advertisements (if any) appearing on the Website and/or the App (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
There may be links to third party websites on our Website and/or the App. You use them at your own risk. We do not review, recommend or endorse such third party websites, and we are not responsible for their content or any goods or services offered thereon. If you encounter any third party website on our Website and/or the App, the use of which would violate applicable law, you must immediately refrain and/or cease from using such website.
8. INTELLECTUAL PROPERTY OWNERSHIP
We respect the Intellectual Property Rights of others and expect you to do the same. We have expended substantial time, effort and funds to create the Website and the App and to collect and provide the features, materials, opportunities, and services that are available on or through the Website and/or the App and to develop our Intellectual Property Rights relating to the same. You understand and agree that the Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all rights, title, and interest in and to the Website and the App and the features, materials, opportunities, and services made available on or through the Website and the App, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof and any other Intellectual Property Rights relating to the same (collectively, the "Content") as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in any Content by accessing and using the Website and/or the App and the Content itself. Such intellectual property and Intellectual Property Rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of the Company or its licensors and content-providers.
Except as expressly provided in these Terms of Service, no part of the Website, the App or the Services, and no Content, materials, or other information on the Website, the App or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without the Company’s express prior written consent. The posting of information or other materials or Content on the Website and/or the App by the Company does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the Website and/or the App or to any other third party, except as expressly provided herein.
The Company retains all right, title, and interest in the Service, the Website and the App and the corresponding Content (including the Intellectual Property Rights) and reserves all rights not explicitly granted.
9. NOTICE REGARDING COPYRIGHT AGENT
The Company respects the intellectual property rights of others and requests that users of our Website and/or the App do the same. If you believe that any content on any of our Website and/or the App violates or infringes upon your intellectual property rights pursuant any applicable law (including but not limited to the Maltese Copyright Act (Chapter 415 of the Laws of Malta, the Maltese Trademarks Act (Chapter 416 of the Laws of Malta) and the Maltese Patents and Designs Act (Chapter 417 of the laws of Malta) please provide a notice to the designated copyright agent (as set forth below) for the Website and/or the App containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright (and other Content) infringement claims and notices should be sent to:
Online support form (use this option for fastest service)
Postal address : Neon Media Ltd
The Plaza Commercial Centre, Level 8, Suite 5, Bisazza Street
10. DISCLAIMER OF WARRANTIES
We do not promise, covenant, represent, warrant, or guarantee that you or any other user of the Website and/or the App will obtain any particular or tangible result or goal through the use of the Website and/or the App, or obtain any other product or service in connection with use of the Website and/or the App. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Website, the App or the Company, or that you access, use, download, or otherwise obtain on or through the Website, the App or the Company, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The information, software, or other materials available from or provided on the Website, the App or via the Services, is provided "AS IS" and "AS AVAILABLE", without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. To use the Services, the Member must have the necessary hardware and software equipment.
THE COMPANY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE, THE APP, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THE APP OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE APP AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE APP AND THROUGH THE COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. THE COMPANY PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE WEBSITE, THE APP AND THE SERVICES WITHOUT NOTICE. FURTHER, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THE APP OR THE SERVICES. THE COMPANY SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE AND/ OR THE APP.
The Company cannot guarantee that the Service and the Website and/or the App will be constantly available without interruption. We are not liable for faults in technical equipment or the quality of access to the Service and/or Website and/or the App due to force majeure or events beyond our control.
The Company reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Website and/or the App, or any portion of the Website and/or the App, for any reason; (ii) modify or change the Website and/or the App, or any portion of the Website and/or the App, and any applicable policies or terms; and (iii) interrupt the operation of the Website and/or the App, or any portion of the Website and/or the App, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
11. LIMITATION OF LIABILITY
The Company is not liable for the misuse of data and information by a Member, or for any damage to a Member caused or contributed to by that Member. We are not liable if information made accessible to a third party by you is misused by the said third party. We are also not liable for unauthorised attainment of your Personal Data by third parties, e.g. in the case of hacking.
For losses which occur due to other causes, the Company, its contractors, suppliers, content-providers, or other similar entities, or the officers, directors, employees, representatives, and agents of each of the foregoing shall only be liable in cases of fraud and gross negligence on their parts. The Company shall also be liable for its failure to fulfil an obligation constituting one of the fundamental elements of this Agreement or in the event of your death or personal injury resulting for an act or omission on the part of the Company.
This liability is proportionate to other causes contributing to the loss. Liability is limited to foreseeable, direct losses.
LIABILITY IS OTHERWISE EXCLUDED.
In no event will the Company be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipate savings); loss of goodwill or reputation; and special, indirect or consequential losses.
Without limiting any of the foregoing, if the Company, its contractors, suppliers, content-providers, or other similar entities, or any of the officers, directors, employees, representatives, or agents of any of the foregoing, is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with this Agreement, the Website, the App, or the use of the Website or the App or Service, the Company and such parties’ cumulative, aggregate, and maximum liability for all such claims and other matters will not exceed EUR 10,000.
Descriptions of or references to products, services, or publications on the Website and/or the App do not imply endorsement of that product, service, or publication. The Company makes no warranty of any kind with respect to the subject matter included herein or the products listed herein. The Company specifically disclaims all warranties, expressed, implied, or otherwise.
You agree to indemnify, defend and hold the Company, its affiliates, its partners and their respective officers, directors, employees, agents, and representatives (each an "Indemnified Party" and collectively, the "Indemnified Parties"), harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Website and/or the App or the Company, your access to and use of the Content, the Website, the App and other materials, products, and services available on or through the Website, the App and the Company, your violation of this Agreement, your violation of any rights of another, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of this Website, the App or the Services or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any of the representations and warranties set forth herein. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section 12.
All responsibility or liability for any damages caused by viruses contained within the electronic files or on the Website or the App is disclaimed. You are advised to keep updated anti-virus and anti-malware software at all times. We take no responsibility and accept no liability for any damage or loss caused by virus, malware, spyware, trojans or any other malicious software transferred through your use of the Website, the App or Service.
14. Disclaimer of Third Party Information
The Website may contain offers for sale of merchandise or services not provided by the Company. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the Website or the App and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the Website or the App and a merchant's website will be governed by the terms shown on the merchant's site. The Company is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
15.1 Agreement effective for members
This Agreement (as may be amended from time to time, in accordance with clause 16.4) will remain in full force and effect while you are a Member of the Service or while you otherwise use the Website and/or the App.
15.2 Termination of membership by you
You may terminate your free membership at any time, for any reason, which termination will be effective immediately.
You may also terminate your Premium Membership at any time, for any reason, effective from the first payment period after our receipt of your written notice of termination, provided you are not in an initial signup period, in which case you will be charged for the entire amount of the initial signup period.
Notice of termination may be delivered to the address contained in the Contact Us section of the Website or be emailed to the email address listed in the Contact Us section of the Website.
Termination of membership will not result in deletion of your profile. When you terminate your account, your profile will no longer be visible to other Members, but it will remain in the Company’s database. If you wish to delete your profile, please contact us at support@EliteMeetsBeauty.com.
15.3 Suspension of your access to Service
Without prejudice to any other provision of this Agreement, including clause 15.4 below, We may suspend your access to all or part of the Service at any time, for any reason relating to any fraudulent, abusive or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others, or for breach by you of any of your obligations detailed in clause 4 of this Agreement.
If your access to the Service is suspended as aforesaid, your membership will still continue to run until terminated by you or by us.
15.4 Termination of membership by us
Without prejudice to any other provision of this Agreement, we may immediately terminate a Member’s membership at any time, without prior notification, where the Members commit a serious breach of this Agreement.
In the case of any other breach of this Agreement, we may also terminate the Member’s membership 10 days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by us in connection with your membership.
15.5 Deactivation for non-use
We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.
15.6 Cessation of Service
The Company may cease providing the Services in full or in part. In such an event, we will inform you of the planned cessation and its scope at least 14 days before the planned cessation. If you have paid for, but not yet fully exhausted an entitlement to the Service being ceased at the time of cessation, you will receive a pro-rated refund for this non-exhausted entitlement.
15.7 Deletion and de-activation of your account
You can also de-activate your account. De-activation of your Membership, whether free or Premium Membership, is temporary. Your account will re-activate automatically once you log onto the Website or the App. De-activation does not switch off auto-renewal of your paid subscription.
16.1 Failure to comply
We accept no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond our reasonable control.
16.2 No waiver
If we waive any rights available to us under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Service shall continue in full force.
You must not assign any of your rights under this Agreement or in respect of the Service or Website or the App to any third party.
We have the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party, providing that where this will serve to reduce the guarantees or warranties for a consumer, the consent of the consumer will be sought prior to such assignment.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website or the App.
If you qualify as a consumer domiciled in a European Union Member state, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
If, however, you do not qualify as consumer domiciled in a European Union member State, all disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese courts to which the parties irrevocably submit.
16.8 Governing law
This Agreement shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.
This Website and the App is operated by Neon Media Ltd. You can contact us using any of the following methods:
Online support form (use this option for fastest service)
Postal address : Neon Media Ltd.
The Plaza Commercial Centre, Level 8, Suite 5, Bisazza Street