1. DEFINITIONS

1.1 In these terms & conditions the following words have the following meanings unless the context requires otherwise:

"We, Us, Our" means CustomCupid.com;

"You, Your, Yourself" means the person whose application for registration or membership of the Service is accepted by Us.

"Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;

"User" means any person who browses the Website;

"Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;

"Website" or “Site” means our website at URL www.customcupid.com (or such other URL that We may use to provide the Service from time to time);

"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;

"Profile" means the section of the Service containing details, photographs and/or other Information about You;

“Information” includes without limit all content, data text, software, graphics, photographs, video and sound;

"Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases “Posted” and “Posting” shall be constructed accordingly;

"Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;

"Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

2. ELIGIBILITY

2.1 By applying to become a Member You warrant and represent to Us that:

2.1.1 You are over 18 years old;

2.1.2 You are not a representative of a Organization, Company or Business Entity of any Type

3. TERM, TERMINATION AND SUSPENSION

3.1 This Agreement will remain in full force and effect while you are a member of the Service.

3.2 If You choose to become a member and then access the Site as a member You then waive any rights to cancel the Service under these regulations.

3.3 You may terminate Your membership at any time, for any reason, effective upon receipt by us of your email notice of termination. In such case You will not be entitled to any refund of monies paid.

3.4 We may terminate your membership at any time, without cause, upon giving You notice by email. If so We will refund You any fees already paid for the Service that have not been used less costs. We may terminate Your membership due to breach of the terms of this Agreement.

4. YOUR USE OF THE SERVICE AND CONTENT POSTED ON THE SITE

4.1 You will not:

4.1.1 Use the site in an illegal manner including collection of usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited emails;

4.1.2 Include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.

4.1.3 Post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights);

4.1.4 Be involved in the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

4.1.5 Engage in commercial activities and/or any sales related activities or to promote another site, service and/or business in any way;

4.1.6 Post any information that is offensive to the online community, such as Content that in our opinion is sexually explicit, vulgar, indecent, sexually suggestive, harassing, racist, abusive, inflammatory, defamatory, invasive, offensive, harmful or threatening of another group or individual’s privacy;

4.1.7 Promote information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

4.1.8 Solicit passwords or personally identifying information for commercial or unlawful purposes from other users;

4.1.9 Attempt to gain unauthorised access to any Information available on or via the Service or to any of the networks used in providing the Service;

4.1.10 Assign, transfer, part with and/or authorise any other person to use, Your membership;

4.1.11 Copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;

4.1.12 Solicit or attempt to solicit monies from other users;

4.1.13 Misuse in any way the Service or any Information Posted on the Service;

5. MEMBERS DISPUTES

5.1 You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.

6. FUNCTIONING OF THE SERVICE

6.1 We reserve the right to suspend the Service for maintenance, repair or other technical issues.

6.2 We reserve the right to make changes to the Service from time to time.

6.3 We do not guarantee or warrant that any of the Information provided in or via the service is accurate or reliable. You rely on it at your own risk.

6.4 The Web Site and the Service are supplied on a “as is” basis. We do not guarantee or warrant that the service will fulfil Your requirements or expectations.

7. PROPRIETARY INFORMATION

7.1 The Service contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.

8. INTELLECTUAL PROPERTY RIGHTS AND PRIVACY

8.1 Use of the Web site and/or the Service is governed by our Privacy Policy.

8.2 By becoming a member of the Service, you consent to your data being sent to third parties as may be involved in the provision and operation of the Service. These third parties may be located in foreign countries. 6.1 By becoming a member of the Service, you consent to your data being sent to third parties as may be involved in the provision and operation of the Service. These third parties may be located in foreign countries. 9.1 By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license 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 authorize sublicenses of the foregoing.

8.3 You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.

9. LIMITATIONS ON LIABILITY

9.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other member.

9.2 You shall give us reasonable opportunity to remedy any matter which We are liable for.

9.3 We shall have no Liability to You arising out of a use of the Service or the information held within.

9.4 In absence of negligence or other breach of duty by us, your use of the Site and the Service is entirely at your own risk.

9.5 If we are in breach of the arrangements under this Agreement, we will not be responsible for any losses that you suffer as a result, except those losses that are a reasonably foreseeable consequence of the breach.

9.6 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

9.7 We shall have no Liability to You for any defect caused by information sent via our Chat application, all Users accept file downloads at there own risk.

10. INDEMNITY

10.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, Information and/or other material Posted on or via the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

11. GENERAL

11.1 We reserve the right to vary these terms and conditions at any time. The updated version will be shown on the terms and conditions page of the Site. You will be bound by the updated version if you continue to use the Service thereafter.

11.2. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.