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TERMS OF USE

The terms “NiceWorld.com”, “Website”, “Service”, “Us”, “Our”, “We”, “NicePhilippines.com”, “NiceThailand.com”, “NiceCanada.com”, etc. and all other combinations of domain names ending with the following extensions, viz: .com, .net, .org, .info, .asia, .ca and .mobi (in which domain names owned by Niceworld.com inc.) refer to NiceWorld.com, a web site owned by NICEWORLD.COM INC., a company duly registered in Canada with address at 3100 Drouin (Suite 302), Saint-Hyacinthe (Quebec), Canada, J2S 8W9. The terms “You”, “Your” or “Member” refer to the user, member(s) or viewer of our Website.

In this fast paced world, online dating can be your best tool for finding lasting friendships and loving relationships. While online dating can be very rewarding, it is important to be cautious. Whether you decide to correspond online or meet members offline, please use sound judgment and be responsible for your personal conduct. Take precaution in all interactions with other members, more so if you decide to meet them in person. NiceWorld.com will not be responsible for the conduct of its members, whether online or offline. Please use caution and common sense when using the Website and the Service.

1. ACCEPTANCE OF TERMS OF USE. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the NiceWorld.com Services. By using our website, you agree to comply with and be bound by the stipulated terms and conditions without modification, regardless of whether you are using the services either as a "Visitor" (which means that you simply browse the Website) or as a "Member" (which means that you have registered with this Website). Please read the following terms and conditions carefully. If you do not agree to these terms, you should leave the website and discontinue use of the services. If you wish to become a Member and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process. After completion of the steps for online registration, your membership has been activated and you have entered into a legally binding contract with NiceWorld.com.

2. ELIGIBILITY. By using NiceWorld.com, you represent and warrant that: (a) You are 18 years of age or older, or of legal age in your country, if your country provides for a legal age higher than 18; (b) All registration information you submit is truthful; (c) You will maintain the accuracy of such information; (d) Your use of the Website does not violate any applicable law or regulation; and (e) You abide by all the terms and conditions of this Agreement.

3. TERM AND TERMINATION. This Agreement shall remain in full force and effect while you use this Website, avail of its Services, or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Your subscription will remain active until the end of the period through which you paid prior to your termination. NiceWorld.com may terminate your Membership at any time, without warning, if you have violated the terms of this Agreement. If termination is grounded on any breach of this Agreement, we reserve the right to determine if a refund of any pre-payment less reasonable costs and losses incurred be due the erring member. Even after Membership is terminated, this Agreement will remain in effect.  

4. BLOCKING OF ACCOUNTS. We reserve the right to block your account(s), delete prohibited content and prevent publication of all or part of your profile that does not conform to this Agreement. We may also block your access to all or part of the Service, either permanently or temporarily. We may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.

5. REGISTRATION. You may become a Basic Member of the Service at no cost. As a free member you will have the ability to participate in some, but not all, of the features and services of this Website.

6. SCOPE OF SERVICE. To avail of additional features and services, you must become a Subscribing Member (labelled as NiceWorld Member) to the Service. Current subscription plans and their prices are in the Subscription Page which is an integral part of this Agreement. Reasonable notice will be given in the event of changes in subscription fees. This website is not a marriage brokering service. We do not guarantee positive results and is not obligated to successfully broker any other members for you.

7. SUBSCRIPTIONS.

General. You agree to pay us the subscription fee specified in the Subscription Page during the subscription Period. The Subscription Period varies depending on the plan you signed up for.

Payment Method. A valid credit card, Pay Pal Account or other accepted Payment Method is required to subscribe to the Service. We bill you through a secure online account for use of the Service. Your complete billing information is not stored on our servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay us for all charges at the prices then in effect for any use of the Service by you or other persons which you may have caused to have access to your account, either willingly or through neglect to secure the privacy of your username and password, and you authorize us to charge your chosen Payment Method for the Service. If we do not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.

Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account. You must promptly update all information to keep your billing account current, complete and accurate (which includes but is not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g. loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on the Website.

8. USERNAME AND PASSWORD SECURITY. You are entirely responsible for maintaining the confidentiality of your username and password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to ensure that you exit from your account at the end of each session. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. NiceWorld.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling the auto-sign in feature to your account.

9. UNSOLICITED COMMERCIAL E-MAIL AND NON COMMERCIAL USE BY MEMBERS. This Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. Juridical persons may not become members and should not use the Website for any purpose. Illegal and/or unauthorized use of our Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited commercial e-mail (UCE) or unauthorized framing of or linking to this Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of our Services.

10. COPYRIGHT POLICY AND PROPRIETARY RIGHTS IN CONTENT. All materials on the Website are copyrighted and are protected under treaty provisions and worldwide copyright laws. All rights reserved. Materials on this Website may not be reproduced, copied, edited, published, transmitted or uploaded in any way without our written permission. Except as expressly stated in the limited license provisions in this Agreement, we do not grant any express or implied right to you under any of our trademarks, copyrights or other intellectual property or proprietary information. NiceWorld.com Inc. owns and retains all proprietary rights in the NiceWorld.com Website and the Service. The Website contains the copyrighted material, trademarks, and other intellectual property and proprietary information of NiceWorld.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any such intellectual property or proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you that the information in your notice is accurate and that you are the copyright owner or the person authorized to act on the copyright owner's behalf.

11. CONTENT POSTED BY MEMBER.

a. All information posted and supplied to this must be truthful, accurate and conform to reality.

a. All information posted and supplied to this Website must be truthful, accurate and conform to reality.

b. Material that you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Except “Personally Identifiable Information“ which relates to a living individual who can be identified from that information, this will be used in accordance with our Privacy Statement.

c. We may review and delete any content, messages, photos or profiles that in our reasonable judgment violate this Agreement or which is or might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members.

d. You are solely responsible for the Content that you publish, submit, post or display on this Website, or transmit to other members via the Service. You represent and warrant that at any time of posting the Content is (a) accurate; (b) not in breach of this Agreement; (c) not illegal; and (d) not harmful to any person in any way.

e. By posting Content to any public area of this Website, you automatically grant, and you represent and warrant that you have the right to grant, to NiceWorld.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licences of the foregoing.

12. PROHIBITED CONTENT. Prohibited Content includes, but is not limited, to Content that in our sole discretion: (a) is patently offensive, such as Content that promotes pornography, racism, bigotry, hatred, violence or physical harm of any kind; (b) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (c) constitutes a profile or photograph(s) of any third person used without their permission; (d) harasses or advocates harassment of another person; (e) provides material that exploits people under 18 in a sexual, lascivious or violent manner, or solicits personal information from anyone under 18; (f) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (g) promotes information that you know is false, misleading or promotes illegal activities (i.e. human trafficking) or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous; (h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (i) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and (l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You must use the Service in a manner consistent with any and all applicable laws, regulations and codes of conduct. You shall not include in the description box that is made public your telephone numbers, street addresses, last names, URLs or email addresses. In accordance with Section 12, you shall not use this Website in connection with any commercial endeavor except those that are specifically endorsed or approved by us. In order to protect our members from such advertising or solicitation, NiceWorld.com reserves the right to restrict the number of emails which a member may send to other members in a given period to a number which we may deem appropriate.

We reserve the right to amend this list at any time, to investigate, and to terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or unlawful.

13. PROHIBITED ACTIVITES. Prohibited Activities include, but are not limited to, the following :

• You will not impersonate any person or entity.

• You will not "stalk" or otherwise harass any person.

• You will not express or imply that any statements you make are endorsed by NiceWorld.com without our specific prior written consent.

• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the    navigational structure or presentation of the Service or its contents.

• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the    owner of such proprietary rights.

• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

• You will not "frame" or "mirror" any part of the Service or the Website, without our prior written authorization.

• You also shall not use meta tags or code or other devices containing any reference to NicePhilippines or the Service or the site in order to direct any person to any other web site for any    purpose.

• You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of    or infringe the rights of any third party in Canada or any other country in the world.

• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any other software used    on or for the Service or cause others to do so, except and only to the extent permitted under applicable law.

• You will use proper language in both oral and written communications with NicePhilippines.com.

• You shall not commit other acts in violation of any and all applicable laws, regulations and codes of conduct.

14. MEMBER DISPUTES. You are solely responsible for your interactions with other Members of this Website. We reserve the right, but have no obligation, to monitor disputes between you and other members.

15. PRIVACY STATEMENT. Use of the Website and/or the Service is also governed by our Privacy Statement, which is incorporated into this Agreement by this reference. The personal information you provide to us will be stored on our computers. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Services. If you are located outside the Canada, please note that the information you provide is being hosted in Canada.

16. SERVICE ACCESS. This Website is normally available 24 hours a day. However, we do not guarantee that it will run uninterrupted or error free as access may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. In extreme cases of prolonged service interruptions, we reserve the right to determine, at our sole discretion, the necessity of providing refunds to subscribers.

17. DISCLAIMERS. The Content (including but not limited to advisories, results of personality tests and tips) at this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, NiceWorld.com provides you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Website and the Service. This legal notice and the foregoing disclaimers are without prejudice to any mandatory legal rights that cannot be excluded under applicable law including your statutory rights as consumer.

18. LIMITATION ON LIABILITY. Nothing in this legal notice shall exclude or limit our liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977)]; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort and crimes (including without limitation negligence), contract or otherwise, in connection with the Service or this Website in any way or in connection with the use, inability to use or the results of use of this Website. Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the Service during the term of membership.

19. CHANGES TO THE AGREEMENT, THE WEBSITE AND SERVICE. We reserve the right to change, amend or supplement this Agreement at our sole discretion and provide you with reasonable notice in advance of such amendment taking effect. If upon receiving any notice you do not wish to continue with the Service, you may terminate this Agreement by notifying us promptly thereafter and before the amendment takes effect. Continued use of this service by you after such changes have been implemented represents your acceptance of the changes. We, at our sole discretion, may add, delete, or change the services, functions or features of NiceWorld.com.

20. RELEASE. Any claim or action against any other member arising from that member's use of our Website or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action. In the event that a claim or action is brought against us from your activities or use of the Website or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

21. SEVERANCE. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

22. ASSIGNMENT. NiceWorld.com has the right to assign any or all of its rights and duties under this agreement to anyone

23. RELATIONSHIP. No joint venture, partnership, employment, or agency relationship exists between you and NicePhilippines as a result of this agreement or use of this Website.

24. LEGAL VENUE. You agree that the Laws of Quebec, Canada, without regard to its conflict of law provisions, shall govern this Agreement and any dispute arising out of this Agreement will be disputed in the courts of Quebec, Canada.

25. GENERAL PROVISION. This Agreement, accepted upon use of the Website and further affirmed by becoming a member of the Service, contains the entire agreement between you and NiceWorld.com regarding the use of the Website and/or the Service.

26. CUSTOMER SERVICE. For any questions or complaints, you may use our Contact Us form or regular mail at: NiceWorld.com c/o 3100 Drouin (Suite 302), Saint-Hyacinthe, (Quebec), Canada, J2S 8W9. In all communication, you may not use abusive, obscene, profane, sexist, threatening, harassing or racially offensive language. If we feel that your behaviour towards us is at any time threatening or offensive, we reserve the right to immediately terminate your membership with no obligation to refund your unused subscription fees.

• NiceWorld.com strongly recommends, for your personal security, that you do not use your complete name as your nickname upon registration.

• You are solely responsible for your interactions with other members.

• You understand that this website does not in any way screen its members nor do background checks or attempt to verify their statements.

• We make no representation or warranty as to the conduct of our members or their compatibility with other members.

• You agree to take precautions in all interactions with other members, more so if you decide to meet them in person.

• Also, you agree to review our online dating safety tips located in our Nice Advices prior to using the service.

• You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with persons you meet through NiceWorld.com.

• You should not provide financial information (e.g. your credit card or bank account information) to other members.

• Lastly, you consent that all information provided in the course of registration with our website and use of its services will form part of the entire NiceWorld.com database.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


 

 

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