END USER LICENSE AGREEMENT / TERMS AND CONDITIONS
Last Revised: Nov 18, 2024
Please review these terms and conditions of use carefully before using eBooksherpa LLC’s websites, including, without limitation, the following websites:
CupidFat.com
1. Eligibility
In Short
You must be of legal age according to your country’s law to use this website. But wherever you may live, you must be at least 18 years old.
You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law.
The provisions of the The Content Reporting and Appeal Procedure and the related definitions are incorporated by reference herein and shall be deemed to have the same force and effect as if set forth in full herein.
2. Grant of Use
In Short
We grant you the non-exclusive right to use our website. You cannot transfer this right to anyone else. Also, you cannot publicly display our site.
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
3. Intellectual Property
In Short
Users own everything they post on our website. We don’t own their content. But we own our text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos that we’ve created. Please don’t change, copy, reproduce, or translate them unless we allow you to do so in writing.
The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.
4. User Identity Verification
In Short
All users must have their identity verified if they want to upload any content to our website. For verification, we need 2 things:
This verification is mandatory for all Users who wish to upload any content (other than a Background Photo) on the Website. We at our sole discretion may request from a User to verify its identity at any time and for any reason we reasonably believe it is necessary. Any content attempted to be uploaded by a non-verified User will not be published on the Website until the verification process is completed. Once the User completes the account verification procedure, the content will be moderated by our moderation team and if it complies with the relevant rules and regulations will be published on the User’s account automatically. Users can start the account verification procedure either through their profile or by attempting to upload any content on the Website. Users must provide a clear copy of a valid government issued identification document with a photo and a selfie holding the identification document. Failure to comply with a verification request, providing false or misleading information during the verification process or attempting to circumvent our verification review systems, may lead to a permanent block of the User’s account and the access to the Website.
5. User Submissions
In Short
You own everything you post on our website and only you are responsible for it. But we can reproduce, distribute, adapt, modify, translate your content among other things. Other users can view your content and save it. Learn more about restrictions and prohibitions in the full (legally binding) version of the Terms and Conditions.
You are entirely responsible for any and all materials you stream, upload, submit or otherwise make available via the Website, including videos or any other communications or profile information (collectively, “User Submissions”). For the purpose of these Terms, any reference to User Submissions includes any submissions/content made available via the Website from users. User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:
You further agree that you shall not submit material that:
We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. Furthermore, you also grant other users of the Website a right and license to display, stream and download User Submissions in connection with their use of the Website and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Website, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
6. Content on the Website
In Short
We are not responsible for any third-party content on our website, like links or ads, or anything posted by users. If you use anything provided by these third parties, it is fully your responsibility.
You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Websites for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).
Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
By uploading content on the Website, you are freely consent and grant a non-revocable license to CupidFat to use the username, videos, pictures, and voice uploaded on the Website as they see fit. You further understand and consent that the content will appear publicly as part of CupidFat’s website as well as third party websites and/or other marketing materials. The content will be subject to CupidFat’s privacy policy and terms of use as well as the terms of use of the third-party websites.
7. User Conduct
In Short
Please don’t use our website to break (or bend) the law, we won’t be able to help you. We have a list of prohibited activities in the full version of the Terms and Conditions. Please read and follow them. We trust our users, but the law requires that we monitor, record and log your activity on our website.
You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.
You hereby expressly authorize us to monitor, record and log any of your activities on the Website, including your chats, streams, messages, interactions with other users and User Submissions.
As a condition of your use of the Website:
We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user’s use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
8. Tokens and Payments
In Short
You can buy tokens and tip any users you like. We may change the price of tokens from time to time as part of special offers. You need to use a credit/debit card to buy tokens.
You must purchase “tokens” which you can then use to give you full use of additional
features of the Website. Prices for tokens will be posted on the Website and may change from time to time in our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including for token purchases, must be made with your valid credit card or debit card or other available payment method, the information of which may be kept on file by us or by our payment processors (“Filed Payment Details”). Fees for tokens must be paid in advance of you using them.
In order to make a purchase, you may be asked to supply certain information to allow us to process and authorize your purchase, including, without limitation, your name, address, card number, card expiration date, card security number and other information. You represent and warrant that (i) you have the legal right to use form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.
We reserve the right to refuse, cancel or terminate your order for any time and for any reason in our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
Refunds:
If at any time we terminate your rights to use the Website because of a breach of these Terms, you shall not be entitled to a refund of any portion of your unused tokens. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
Without limiting the foregoing, we may in our discretion refund you tokens when there are technical problems with the Website (i.e., when the Website malfunctions and takes your tokens). However, we will never refund tokens when you have given a tip (as tips are gifts and cannot be reversed).
Inactive accounts:
If a period of inactivity is detected in your account (ie you neither use your account nor purchase any tokens, then we reserve the right and at our sole discretion to terminate your rights to use the Website.
In such a case, you hereby expressly accept, agree and acknowledge that any portion of your unused tokens is forfeited by you and cannot subsequently be recovered.
9. Services on Website
In Short
We specialize in dating and provide services associated with it. Find more details by reading the full version of the Terms and Conditions or by exploring our website.
We offer you and other users many ways to use the Website (which may change in our discretion). We may offer chat sessions where you can chat with other users on the website. You may “tip” a users your purchased tokens. We may offer group chat where you can chat with other users. You acknowledge that there may be further services added or that some of the forgoing services may be modified or removed in our discretion and all such services will be in accordance with the rules that we may post on the Website, as they may be modified from time to time.
We may offer you the possibility to privately chat with another User through the messenger of the Website without any extra charge. Moreover, you will be able, based on your user level, to chat and share content privately through the messenger with users. You acknowledge and agree that you are solely and fully responsible for any text messages and content shared with another User and you shall ensure on-going compliance with all applicable rules and regulations as well as compliance with these Terms of Use. We rely on our Users to report content that they find inappropriate. If we become aware of any violation of these Terms of Use and/or inappropriate messages or content, we reserve the right to terminate your access to the Website without any further liability.
You acknowledge that all users may engage in any activities in their discretion while in accordance with the terms of this Agreement and other rules and regulations posted on the Website and pursuant to the functionality of the Website. You acknowledge that may decline to engage in any activity in his or her discretion. Without limiting the general release provisions below, if you have any disputes with any users, you acknowledge that your dispute is solely with said users and you release us from any liability.
10. Trust & Safety
In Short
We prioritize the safety of our community, which is why we have strict content guidelines in place. Among other measures, we verify users’ identities, moderate messages, and investigate violations based on reports and our own efforts.
We care deeply about maintaining a healthy community at our Website. We have some of the most creative and expressive people and we want to create the safest environment for them where they can communicate and interact safely. That is why all content in any form possible must comply with all our Terms of Use and Privacy Policy.
We ensure the safety of all content through strong pre-moderation processes for unpublished content, proactive detection mechanisms as well through third party reporting systems for published content.
Types of Content
We strive to ensure that all content is harm-free. This includes but not limited to:
Our Definition of Harm
We consider content harmful if it harms the owner of the content, another person on or outside the website, or our Website overall. We consider any type of harm including but not limited to legal, physical, psychological, financial.
We use specific guidelines explained in this page to define our own perception of such harm.
Our Tools & Procedures
We employ multiple mechanisms in place that limit the possibility of harmful content reaching our Website (before publishing) as well as detect possibly harmful content after publishing.
Our Website over and above the requirements and standards set, only accepts content depicting persons registered and verified in its Website. Our Website does not rely on third parties to collect the consent of the persons depicted in the content available in its Website. By applying this rule, the Website aims to eliminate any possible distribution of non-consensual content through its website.
A dedicated in-house moderation team manually monitors and screens the content which has been submitted for publication to our Website on a 24/7 basis. The moderators follow the Website’s rules and guidelines to protect online users by keeping incompatible with the terms of use, illegal and inappropriate content off the site.
Verification System for Users
To fight fraud and ensure that all our users can text chat, audio chat and video chat legally, they must be verified by our registration system first. We use both a third party KYC solution as well manual moderation to verify the legitimacy of all users and the documents they provide.
Pre-Recorded Content Moderation
We perform a pre-moderation of all the pre-recorded content including images audios and videos that our users upload, through human moderation, to ensure that the content is not illegal, violates third party industry standards, violates our internal rules and that the person depicted in it, consents to the distribution of the content, before such content is published on our Website. We refuse any content that we deem harmful as specified in our guidelines.
Enforcing Our Guidelines
We enforce our guidelines consistently and fairly. Depending on the type of violation and how harmful it is, we apply different penalties. For a detailed understanding of our rules and the corresponding penalties.
Judging ‘Harm’
We rely on a risk-based approach with the help of our guidelines specified in the previous section to judge whether a piece of content is harmful or not, as well as the severity of the harm. In the rare cases where we have sufficient reason to believe something is harmful even though it is not described in our guidelines, we will take actions against the content, inform its owner and will use the incident to better educate ourselves and improve our guidelines.
Reporting Violation of our Terms and/or Illegal Content
Your experience on our Website matters to us. If you are come across any content or behavior that does not seem right and might violate our Terms of Use, please let us know by filing this Report Form or use any of the report buttons available close to the chat or content. We are committed to creating a safe and respectful environment, and your contribution plays a crucial role in this. Rest assured, our team handles every report with care and according to our established rules. Your vigilance helps us maintain the high standards of our community, so thank you for being an active part of keeping our Website safe for everyone.
11. Privacy Policy
In Short
We follow the applicable data protection laws and handle all the data with care. We collect data to provide our services, to make our product (website) better, and for other reasons. Read our Privacy Policy to see all the necessary info about your personal data.
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
12. Modification of These Terms
In Short
We sometimes update, remove or add new things on our website. We do not always send notifications about these changes, so please read our detailed version of the Terms and Conditions.
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
13. Indemnification and Release
In Short
If an individual or company makes a claim or demand against us because you break our Terms and Conditions or the law when using our website, you have to compensate us for the incurred expenses, including for lawyers’ fees.
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses, including attorney’s fees, arising from your use of the Website or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
14. Disclaimer of Warranties and Limitations of Liabilities
In Short
We are always trying to offer the best experience to our users but sometimes we might fail. We exclude and limit our liability for any direct, indirect, special, consequential or exemplary damages, among others things. Please refer to the full version of the Terms and Conditions for more information.
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.
The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Websites. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to such implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.
15. General Terms
If you have any questions about this EULA, or if you want to contact CupidFat for any reason, Please direct all correspondence to:
CupidFat.com
support@cupidfat.com
Please enter your username or email address. You will receive a link to create a new password via email.