This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the website http://www.benaughty.com (the 'Site'). Please read these terms of use carefully before you start to use the Site. You must be at least 18 years of age to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use or you are under 18 years of age, please do not use the Site.

The Site is operated by Frindr ltd ('ED'). ED is registered in Scotland under company number SC368538 and has its registered office at Frindr ltd, 50 Long Acre, Covent Garden, London WC2E 9JR UK.

ED provides on line services and associated services through the Site that enables you to contact and engage in conversation with other members and to participate in online events hosted on the Site (the 'Services').

ED creates user profiles for use by our customer support representatives for the support, marketing and improvement of the Services. ED's customer support representatives are encouraged to speak to members and also stimulate conversation between members by making introductions and recommendations. They may, from time to time, send electronic communications to ask how their members are using certain aspects of the Services. This is a vital part of the Services ED provide. Should you wish not to be contacted in this way, you can alter your preferences by visiting the "My Account" section of the website.

ED may offer additional services or revise the scope of the Services at its discretion and with or without notice, and these terms of use will apply to all additional or revised Services. ED also reserves the right to stop offering the Services.

You can access the Site in the following ways:

• (i)
  By visiting the Site as a guest;
• (ii)
  By registering through the Site as a member; or
• (iii)
  By registering through the Site as a member and purchasing a subscription package.

There is no fee payable to access the Site as a guest or as a registered member. However, please note that accessing the Site as a guest or registered member will only give you limited access to features and areas of the Site. If you would like full access to all features and areas of the Site and access to all the Services then you should purchase one of ED's subscription packages.

Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member's account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

If you register with the Site, you warrant that you will:

• Provide all the information required to complete the registration forms on the Site;
• Ensure the information you provide is accurate and up to date;
• Update and maintain the accuracy of the information you provide;
• Only post information and content that is relevant to the members of the Site (please see below under 'Restrictions on your use of the Site' for further details of the restrictions on the type of information and content you can post);
• Be fully responsible for all use of your account and for any actions that take place using your account; and
• Only post genuine ratings of and comments on other members' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.

You agree that you will not post any content on the Site, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity on the Site or through the Services that:

• impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
• discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person's personal information for commercial or unlawful purposes;
• solicits or requests personal information from anyone under the age of 18 or solicit passwords for unlawful purposes;
• contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• promotes racism, bigotry, hatred or physical harm against any group or individual;
• promotes or enables illegal or unlawful activities;
• is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
• is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• is deliberately misleading or fraudulent;
• contains others' copyrighted content (such as music, videos, photographs, images etc) without first obtaining their consent;
• uses the Site or Services for chain letters, junk mail or spam e-mails;
• advertises or solicits any member to buy or sell any products or services;
• interferes or disrupts networks connected to the Site or attempts to interfere with the proper functioning of the Site (including imposing an unreasonable load on the technical infrastructure used to operate the Site); or
• contains any material which may infringe or violate any third party's rights.

You are solely responsible for, and assume all liability regarding, (i) the information and content you post on the Site; (ii) the information and content you post, transmit, publish, or otherwise make available through the Site; and (iii) your interactions with other members through the Site.

ED reserves the right, but has no obligation, to monitor the information or content you submit to the Site or post in the public areas of the Site. ED has the right to remove any such information or content: (i) that in ED's sole opinion violates, or may violate, any applicable law, or these terms of use; (ii) or upon the request of any third party.

You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that ED is not responsible for third party access to your account that results from sharing by you or the theft or misappropriation of your screen name and password. ED reserves the right to suspend your access to the Site or terminate your account if ED suspects an unauthorised person is attempting to access it.

You agree to tell ED immediately about: (i) any violation of these terms of use by others (including but not limited to other members) of which you become aware; and (ii) any known or suspected unauthorised access to your account.

You assume all risk when using the Site and the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You understand that ED is unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that ED is unable to confirm that any member is who he or she claims to be. ED does not warrant and is not responsible for ensuring that other members are in compliance with these terms of use. You agree to take all necessary precautions when communicating with or meeting individuals through the Site. You understand that ED makes no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site or as to the conduct of such individuals. You further understand that ED makes no guarantees or warranties as to the number or frequency of matches made available to you through the Site.

By registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Site, some of whom may be outside the European Economic Area ('EEA'), to allow you to date in an online environment. ED will keep your personal information confidential except: (i) where you have posted it for publication or display; or (ii) to the extent that ED is compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.

You acknowledge and agree that the copyright and other intellectual property rights in the Site and the content provided as part of the Services belongs to ED. No rights in respect of the Site or the content provided as part of the Services are granted to you other than those expressly set out in these terms of use.

By posting information or content to your profile pages or any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant to ED an irrevocable, perpetual, non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute such information or content and to grant and authorise sub-licences of the same. You further waive any moral rights you may have in any such information or content.

This section will apply to the maximum extent permitted by applicable law.

ED will provide the Services with reasonable skill and care, and except as expressly provided in these terms of use, does not make or grant (and hereby excludes) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

ED does not warrant that your use of the Site will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Site will be corrected. ED disclaims liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Site.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ED, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ED does not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Site or the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than ED. Under no circumstances will ED be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site, provided through the Services, or transmitted to or by any members.

To the maximum extent permitted by law, in no event will ED be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if ED knows or has been advised of the possibility of such loss arising.

To the maximum extent permitted by applicable law, in no event will ED be liable for any claims, 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 Site or Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Site. This includes any claims, losses or damages arising from the conduct of members who have registered under false pretenses or who attempt to defraud or harm you.

ED's total liability to you in connection with these terms of use or the use of the Services or the Site shall be limited as to either: (i) the fees paid by you to ED for use of the Services; or (ii) £100 if you have not paid ED for the use of any Services.

Nothing in these terms of use will limit or exclude ED's liability for: (i) death or personal injury arising from ED's negligence; or (ii) fraud or fraudulent misrepresentations made by ED.

You agree to indemnify ED, its officers, directors, employees, agents and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your use of or inability to use the Site or Services, (ii) any content or information posted by you, (iii) your violation of these terms of use or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations.

ED reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide ED with full co-operation if ED chooses to exercise this right.

By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. ED has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

These terms of use will become effective from the point at which you use the Site or the Services (or where you expressly accept these terms of use by registering with ED) and will remain in full force and effect unless terminated hereunder.

Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate. Please note that you must terminate your subscription at least 3 days prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure outlined below.

Either ED or you may terminate your user account at any time and for any reason by sending notice to the other. ED reserves the right to suspend immediately or terminate your access to any of the Services, without notice, for any reason. ED also reserves the right to remove your account information or data from the Site and any other records at any time at ED's sole discretion. If your access to any of the Services is suspended due to the breach of these terms of use, you agree that all fees then paid to ED by you will be non-refundable and all outstanding or pending payments will immediately be due. Following any termination of your use of the Services, ED reserves the right to send a notice explaining such termination to other members you have contacted through the Site.

You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription by accessing the 'My Account' section of the Site and clicking on the appropriate link.

Alternatively, you may cancel your registration or subscription at any time by sending a notice of cancellation to:
tel: (212) 796 6946
email: admin-usa@benaughty.com
address:
Frindr ltd
Unit 145
43 Bedford Street
Covent Garden
London WC2E 9HA
United Kingdom
such notice being effective upon ED's receipt.

Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000, you can cancel the agreement created through your acceptance of these terms of use within 7 working days after the confirmation of your subscription to any Services and receive a full refund. However, if you use the Services in any manner after your subscription, you will lose your cancellation right. Use of the Services means sending to or receiving from other members and any communication, viewing photos of other members, or making changes to your profile or information on your account.

These terms of use, and the pages on the Site to which these terms refer, constitute a contract that governs the relationship between you and ED. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between you and ED.

ED may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes ED makes, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

These terms of use and the documents referred to in them shall be governed and construed in accordance with English law. Any disputes relating to these terms of use, the documents referred to in them or the Site or the Services will be subject to the exclusive jurisdiction of the English courts.

If you have any queries about these terms of use, the Site or the Services or if you wish to make a complaint then please contact ED at :
tel: (212) 796 6946
email: admin-usa@benaughty.com
address:
Frindr ltd
Unit 145
43 Bedford Street
Covent Garden
London WC2E 9HA
United Kingdom

In the event that you disagree with any charge made to your account, you agree to contact ED with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact ED either by email or telephone, stating your reasons for dispute of the charge. This will enable ED to accurately assess your complaint and, where justified, credit your card with the disputed amount.