THIS TERMS AND CONDITIONS AGREEMENT (“Agreement”), is a legal agreement made between any website visitor (the “User”), any paid client (the “Client”) and VIDA LLC (“VIDA”), a company duly incorporated pursuant to the laws of the State of Wyoming, providing services to assist the Client in online dating. VIDA is the exclusive owner and operator of www.vidaselect.com (the “Website”). This Agreement sets forth the terms and conditions applicable to the use of the Website and all services (“Services”) offered by VIDA.
If the User or the Client does not agree to be bound by this Agreement, do not use the Website or the Services, leave the Website immediately and discontinue viewing any of the web pages
VIDA reserves the right at any time, and without notice, to amend or modify the terms and conditions of this Agreement. VIDA may notify you of an amendment, modification or change to the terms and conditions, via email, as appropriate under certain circumstances; however, the User or the Client is responsible to regularly check the VIDA terms and conditions for notice of any amendments, modifications or changes.
VIDA agrees future changes will not be retroactive. The User’s and the Client’s continued use of VIDA’s Services constitutes acceptance of any amendment, modification or change, and his/her understanding to be legally bound by same. If the User or Client does not accept an amendment, modification or change, he/she should immediately stop using the Services of VIDA.
The User and the Client must be eighteen (18) years of age or older (or the age of majority in the User’s or the Client’s jurisdiction) to use this Website or its Services. By visiting or using the Website or Services, the User and the Client represents and warrants to VIDA he/she is at least eighteen (18) years of age, and he/she 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 VIDA with personal information. This information must be accurate and truthful. As the Client’s information changes from time to time, he/she will be responsible to provide VIDA with the most up-to-date information. If the Client should enter any information that is not truthful and VIDA discovers the information he/she entered is not truthful, VIDA has the right to cancel the Client’s order and suspend the account for cause.
All Clients and Users are subject to all local, state, national, and international laws from which they access the Website. All Clients and Users agree VIDA cannot and will not be held liable if laws applicable to the Clients or the Users restrict him/her from using the Website. VIDA makes no representations or warranties, implicit or explicit, as to the Client’s or the 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 or the Client requesting to use, or registering, to use the Website or Services, the User and the Client represents and warrants to VIDA he/she has never been convicted of a felony or an indictable offense and is not required to register as a sex offender with any government or legal authority.
VIDA does not automatically conduct criminal background checks on its Clients or its Clients’ potential matches, unless specifically requested, in writing, by the Client. 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 he/she has 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
The User or the Client agrees he/she will not, in connection with the Services, breach any applicable law, regulation, or code of conduct. The Client also agrees not to publish or send any information or communication to VIDA, or through a Third Party Dating Website, which is false or misleading.
The Client agrees to update VIDA to ensure information is not false, 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 which encourage or assist any of the foregoing.
The Client agrees he/she will not use, sell or distribute VIDA’s proprietary information in any way.
The User and the Client agree 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. The User and Client agree he/she will not do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings.
The User and the Client agree he/she will not attempt to gain unauthorized access to any part of the Services or equipment used to provide the Services. The User and the Client agree he/she will not use the Services other than for the purposes set out in these Terms & Conditions and 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.
The Client agrees to comply with any guidelines or requirements on the Website as well as any reasonable request or instructions by VIDA in connection with the Services. The Client must notify VIDA in writing immediately if he/she becomes aware of any inappropriate behavior in connection with the Services
It is the User’s or the 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 the User or the Client which may breach the rights of third parties. VIDA reserves the right to not accept or to suspend or remove from its Services all or part of any profile, or any other Client information for any reason.
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
The Client agrees 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 scheduled, the Client is expected to honor the meeting. If the Client needs to reschedule the call or simply does not show, a $50 or $100 rebooking fee will apply.
The Client will not amend his/her profile (including photos), without notifying VIDA. The 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. The Client will not, under any circumstances, directly contact one of the Selected Candidates without prior approval from VIDA.
The Client’s schedule needs to allow for a reasonable and sufficient amount of time to be present at a date. The Client needs to inform VIDA at least 48 hours before a set date if he/she wishes to cancel or reschedule. The 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 he/she is satisfied with all of the Candidates and will proceed.
While VIDA can estimate average results for each dating package, results for the Client are not guaranteed. VIDA is not obligated to offer partial or full refunds to the Client for not achieving certain results or for any other reason.
Client agrees VIDA has the right to refuse Services to any prospective or active Client for any reason, even if an initial payment has been made. The Client will be refunded fully for all unused hours purchased if that is the case. Reasons VIDA may refuse service include, but are not limited to; (i) unreasonable or unethical Client expectations, (ii) doubt regarding the Client’s identity or criminal background, and (iii) failure to adhere to any of the rules set in this or any other signed Agreement. VIDA also reserves the right to conduct any type of background check on any prospective or active Client.
The contents on the Website are protected by copyright, database rights, trademarks and other intellectual property rights. Neither the User nor the Client has the right to use or license any of these intellectual property rights. Neither the User nor the Client can modify, reproduce, republish, copy, post, upload, transmit, or distribute in any manner the information and or materials on the Website.
The User and the Client is permitted to print and download certain portions of the information given on the Website for his/her own use provided 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 on 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 a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law or 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 VIDA’s materials.
Safety and Security
VIDA does not provide Internet access or electronic communication service to the public.
When arranging to meet another person through the 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 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 any User or Client 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 any User or Client.
In the event of any dispute between the User, the Client, and VIDA arising out of or in connection with the execution, interpretation, performance, nonperformance, or Services (including alleged breach thereof) of this Agreement, the User or the Client, and VIDA shall first engage in discussion/negotiation to amicably resolve the dispute. If the dispute cannot be resolved through amicable discussion/negotiation, the dispute shall be submitted, by either party, to binding arbitration for resolution. The arbitration shall be submitted to and handled under the arbitration rules of the American Arbitration Association (AAA) in Atlanta, Georgia.
By using the Services of VIDA, the User and the Client agree to the resolution of disputes via arbitration and give up the right to litigation as the forum for resolving disputes.
The Client’s or the 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. Notice of termination, to include an effective date, will be provided by VIDA to the Client via email.
The Client may cancel his/her subscription, without penalty or obligation, within forty-eight (48) hours from the time he/she is billed.
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. All Users and Clients agree 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 the statute of limitations set by the laws of Georgia.
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 this Agreement. Such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.
VIDA’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement (Term and Conditions)