Terms and Conditions
THIS TERMS AND CONDITIONS AGREEMENT ("Agreement"), is a legal agreement made between you, any website visitor (the "User") and paid client (the “Client”) and VIDA LLC ("VIDA"), a company duly incorporated pursuant to the laws of the State of Wyoming, services to assist its clients in online dating. VIDA is the exclusive owner and operator of www.virtualdatingassistant.com. This Agreement sets forth the terms and conditions that apply to the User's use of the VIDA’s website (the "Website") and all services ("Services") offered by VIDA.
If you do not agree to be bound by this agreement, do not use the Website or the Services
If you do not agree with the terms and conditions herein then you must leave the website immediately and not continue viewing any of our web pages. By you reading this and viewing our website you are in agreement to these terms and conditions.
VIDA reserves the right at any time, and without notice, to amend or modify the terms and conditions of this Agreement. All modifications shall be in effect immediately once made to the website. The User's continued use of the Website and/or Services, after the posting of amendments to this Agreement, will be deemed to constitute his/her acceptance of such amendments, modifications, additions or deletions. The User hereby agrees to review this Agreement periodically to be aware of any such amendments or modifications.
The User must be eighteen (18) years of age (or the age of majority in the User's jurisdiction) or older to use this Website or its Services. By visiting or using the Website or Services, the User represents and warrants to VIDA that the User is at least eighteen (18) years old, and that the User has the right, authority and capacity to agree to and be bound by the terms and conditions of this Agreement.
All Clients will be required to provide us with personal information. This information provided must be accurate and true. As the Client’s information changes from time to time, he/she will be responsible to update us with the most up to date information. If the Client should enter any information that is not true and VIDA discovers that the information he/she entered is fraudulent, the company has the right to cancel that Client’s order and suspend the account without further reason.
All Clients and Users are subject to all local, state, national, and international laws from which they access The Website. All Clients or Users agree that VIDA cannot and will not be held liable if laws that apply to he/she restrict him/her from using The Website. VIDA makes no representations or warranties, implicit or explicit, as to Client’s or User’s legal right to participate in any service or product offered on this website nor shall any person affiliated, or claiming affiliation, with this website have authority to make any such representations or warranties.
By the User requesting to use or registering to use of the Website and or Services, the User represents and warrants to VIDA that the User has never been convicted of felony or an indictable offence and is not required to register as a sex offender with any government authority.
VIDA does not automatically conduct criminal background checks on its Clients or its Clients' potential matches, unless specifically requested to do so by the Client in writing as provided herein. VIDA reserves the right to conduct criminal background checks, at any time, depending on the availability of public records in the appropriate jurisdiction, to confirm compliance with the terms and conditions contained herein.
The Client represents and warrants to VIDA, that the Client has obtained full right, title, interest and permission in and to pictures submitted or provided to VIDA and to VIDA’s distribution of the pictures provided to any third party.
User or Client agrees that he/she will not, in connection with the Services breach any applicable law, regulation or code of conduct. Client also agrees not to publish or send any information or communications to VIDA, or through a Third Party Dating Website, which are false or misleading (and Client agrees to update VIDA to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing. Client agrees that he/she will not use, sell or distribute VIDA’s proprietary information in any way.
User or Client agrees that he/she will not provide email addresses to VIDA of other persons or publish or send any information referring to other persons without having obtained their prior consent. User or Client agrees that he/she will not do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings.
Client agrees that he/she will not attempt to gain unauthorized access to any part of the Services or equipment used to provide the Services. Client agrees that he/she will not use the Services other than for the purposes set out in these Terms & Conditions and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).
Client agrees to comply with any guidelines or requirements on The Website as well as any reasonable request or instructions by us in connection with the Services. Client must notify us in writing immediately if he/she becomes aware of any inappropriate behavior in connection with the Services.
It is the User and Client’s responsibility to decide which information to publish. VIDA cannot be held liable for any misuse thereof by any other party. VIDA is not liable for User or Client information or other activities of User or Client which may breach the rights of third parties. VIDA reserves the right not to accept or to suspend or remove from our Services all or part of any profile, or any other Client information for any reason. VIDA reserves the right to irretrievably delete messages and other Client information if we exercise any right of termination under this agreement.
Functioning of Site and Services
VIDA reserves the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason. VIDA reserves the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
Service Rules and Obligations for Clients
Client agrees that he/she will comply with the following rules when purchasing Services from VIDA. Failure to respect these rules will result in a breach of contract, and will cancel all of VIDA’s obligations and liabilities:
Once a time for the Initial 90-minute call with the Client’s Matchmaker has been confirmed, Client must reschedule with a minimum notice of 12 hours. When less than 12 hours advanced notice is given by Client, $25 worth of service will be deducted from his or her package. If Client no-shows the scheduled call with zero notice whatsoever, $50 of service will be deducted from the package.
Client will not amend his/her profile (including photos), without notifying VIDA. Client will notify VIDA in advance if he/she decides to contact anyone on his/her own on any of the Third Party Dating Websites selected by VIDA. Client will not, under any circumstances, directly contact one of the Selected Candidates without prior approval from VIDA.
Client’s schedule needs to allow for a reasonable and sufficient amount of time to be present at a Date, depending on how many dates he/she has per month, in accordance with the Service chosen. Client needs to inform VIDA at least 48 hours before a set Date if he/she wishes to cancel or reschedule it. Client needs to give his/her approval to VIDA on the Initial Candidate Selection, and all subsequent selections within 24 hours, otherwise VIDA will assume that he/she is satisfied with all of the Candidates, and will proceed.
While VIDA can estimate average results for each dating package, results for Client are not guaranteed. VIDA does not offer partial or full refunds to the Client for not reaching certain online dating results. When Client purchases an online dating package with VIDA, Client agrees that he/she is purchasing the allotted hours for that month rather than any specific results.
To the extent permitted by applicable law, Client agrees not to ask its credit card company or bank to charge back payments made to VIDA. A chargeback is a material breach of the terms and conditions. If Client initiates a chargeback in violation of this Agreement, Client agrees that VIDA may dispute or appeal the chargeback, institute collection action against Client, and even take public legal action against the Client.
In the case of a chargeback or any other non-payment scenario, VIDA may suspend or close Client’s Account and revoke Client’s rights to the material used in his dating account, including but not limited to his dating profile. The dating profile becomes property of VIDA to use at it’s discretion for any purpose, including on its blog. Further, without limiting other available remedies, Client must pay VIDA upon demand for amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Client agrees that VIDA has the right to refuse any prospective Client, even if an initial payment has been made, if we judge that the prospective Client’s expectations are unreasonable, unethical or unlawful, or that we have any doubt regarding his or her identity or criminal background. The prospective Client will be refunded fully for all unused hours purchased if that is the case. Client agrees that VIDA has the right to terminate without any notification a Client’s subscription if he/she fails to adhere to any of the rules set in this Agreement.
All of the contents on the Website is protected, by copyright, database rights, trademarks and other intellectual property rights. User has no right to use or license any of these intellectual property rights, or. User cannot modify, reproduce, republish, copy, post, upload, transmit, or distribute in any manner the information and or materials you find on the Website. User is permitted to print and download certain portions of the information given on the Website for his/her own use provided that he/she agrees not to change, alter, or delete any copyright or proprietary notices from the materials and data. Names, graphics, logos, icons, designs, words, titles or phrases at the Website may constitute trade names, trademarks or service marks of VIDA or of other affiliated entities. The display of trademarks on the Website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. In addition some product names, logos, brands, and other trademarks featured or referred to on the Website are the property of their respective trademark holders. These trademark holders are not affiliated with this website. They do not sponsor or endorse our materials.
Safety and Security
VIDA does not provide Internet access or an electronic communication service to the public.
When arranging to meet another person through use of Services, the Client must take appropriate precautions. Any such meetings are at the Client’s own risk and are not VIDA’s responsibility.
The Client must notify VIDA immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a username or password.
Third Party Rights
This section of the terms and conditions constitutes as an agreement on behalf of VIDA and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to VIDA. These individuals or entities shall have the full right to assert and enforce those provisions directly against you on their own behalf.
All website Users agree to fully indemnify, defend and hold harmless VIDA, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to VIDA from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, including but not limited to negligent or wrongful conduct by you or any other person accessing the website.
The Client or User’s agreement to follow the terms and conditions will remain in effect for as long as he/she uses the website, unless specifically terminated earlier by VIDA. VIDA reserves the right to terminate the Client’s account at any time, at its discretion and with immediate effect.
Applicable Governing Laws
This agreement shall all be governed and construed in accordance with the laws of the State of Georgia without giving effect to its conflict of law provisions. By registering for an account on the Website, User or Client agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. User or Client further agree that any legal action or proceeding between VIDA and him/her for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the State of Georgia. All Users and Clients agree that any cause of action arising out of or relating to this Agreement or his/her use of the Website will be commenced by him/her within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently disregarded. If any portion of this agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the agreement. VIDA failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision
Entire Agreement (Term and Conditions)
This Agreement was last revised on May 5, 2017
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