Terms of Use
By accessing this Site, RudeDate.com, and/or completing the registration form, you accept and agree to these Terms of Use and our Privacy Policy. If you do not agree you should not access or otherwise use the Site.
There are 6 sections to these Terms of Use
Section 1: Important Terms
Section 2: Conditions of Use
Section 3: How our Partner Network works
Section 4A: Accessing and using RudeDate
Section 4B: Terms governing your membership of www.rudedate.com dating service operated by HubPeople Limited
Section 5: Miscellaneous Provisions
Section 1 Important Terms
1.1 You must not use this website if you are under 18 years of age, or the equivalent age of majority in the country where you live.
1.2 We, RudeDate, are an agent which specialises in introducing you to dating websites (“Partner Sites”) and services within our network (collectively our “Partner Network”, and the operators of those respective sites (“Partners”).
1.3 After you complete the registration form and enter/use the Members Area of www.rudedate.com, and the dating services provided to you via that Members Area, you are accessing and using a service provided not by us but by a selected Site Operator, which is HubPeople network, a part of HubPeople Limited, 20 Duke Street, Douglas, Isle of Man IM1 2AY. Your use of those dating services through the Members Area is governed by the Site Operator Terms of Use and Privacy Policy as further described below.
1.4 We reserve the right to amend these terms and any documents referred to at any time.
1.5 When you join a Partner Site, the terms and conditions (and associated policies) of those Partner Sites and Partners will apply and you should ensure you are familiar with such terms and policies, and accepting of the contents, prior to using the Partner Sites.
1.6 We are not liable for the content of the Members Area, any Partner Sites, or any act or omission of the Site Operator, Partners or Partners Network.
1.7 We are not liable for any interactions you have on any Site, Members Area of the Site, or Partner Site with any other user, Partner or Site Operator.
Section 2 Conditions of Use
2.1 You undertake only to make personal use of the Site and Partner Sites and not to make any commercial use of these sites. You must at all times keep your passwords confidential. You must not permit any third party to access your user account for any Site or Partner Site.
2.2 You are responsible for all the details you provide. By accessing the Site and/or Members Area of the Site you warrant that you are at least 18 years of age and that all your details provided to us are true and up-to-date at all times, including (for any memberships) all payment and contact details. You undertake to refrain from presenting data from third parties as your own. Providing false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
Section 3 How our referrals to our Partner Network works
3.1 When you sign up to www.rudedate.com we will share the information you submit with our carefully selected Partners who form our Partner Network, in order to offer you a broader range of dating services and sites which may be of interest to you. For full details of these Partners and our please read our Privacy Policy.
3.2 We do not operate any of the Member Areas of the sites, we act as an introducer for dating service operators, what we call our Partner Network. We share your submitted information with our Partner Network. For full details on the collection, sharing and safe keeping of your information please refer to our Privacy Policy.
3.3 After completing your registration form, you will receive invitations (to the email address you submitted when registering on the Site) from our Partners, requesting that, if you wish to access the Partner Site, you should verify your email.
3.4 After verifying your email you will have access to the Partner Site. For your convenience, any information provided to us when you sign up to www.rudedate.com will be provided to the Partner Site so you don’t have to enter the information again. You are under no obligation to verify your email, or to access or use the Partner Site. You may choose which Partner Sites to access and use. You may choose to use free or paid for subscriptions offered by Partners.
3.5 The terms of use and privacy policies of any Partner Site will be available to view on the Partner Site and you should review those carefully, as those are the terms that will govern your use of the Partner Site. If you do not accept the applicable terms and policies of any Partner Site you should not access or use it.
3.6 If you wish to stop receiving communications from any Partner or Partner Site please follow the unsubscribe procedures detailed in such emails, as each Partner is responsible for managing their own email opt out lists. If you wish to change your permissions and not allow us to share your information within our Partner Network, please contact us. For more details on the opt outs available to you please see the Privacy Policy.
3.7 We host the registration form for www.rudedate.com. After you register you are entering into a contract for services with the Site Operator as detailed below.
Section 4A Accessing and using RudeDate
4A.1 Your membership of the Site, and therefore the actual dating service provided within the Members Area of www.rudedate.com (“Dating Service”) is provided by the Site Operator and is governed by these terms in this Section 4A and 4B (together with Sections 1 to 3 above and 5 below), between you and Site Operator (“Dating Service Terms”). Site Operator reserves the right to amend its terms and conditions at any time.
4A.2 When you visit the Site and complete the registration form, in accordance with the privacy policy, you are providing your information to us. Your information is then shared with the Site Operator to allow them to provide the Dating Service to you. You will receive an email requesting verification of your email, and following verification, you will then be able to access the Members Area of the Site.
4A.3 We reserve the right to change the Site Operator at any time to any other Partner or third party and if you are an active member of the Dating Service you will be informed of this change.
Section 4B Site Operator Terms applicable to your membership of www.rudedate.com
4B.1 In addition to Sections 1 to 4A above, and 5 below, these terms regulate your relationship with the Site Operator of the Dating Service. RudeDate is not a party to your contractual relationship with Site Operator. RudeDate is not liable for the content of the Dating Service, Partner Sites, or any act or omission of the Partners or Site Operator. Further, RudeDate is not liable for any interactions you have on the Dating Service or any other Partner Site with any other user, or Partner or Site Operator.
4B.2 You must register to use the Dating Service via rudedate.com. As an additional part of the Dating Service the Site Operator offers a fee-based service. The fee-based service allows you to communicate with other members and use the Dating Service in full after payment of the appropriate fee. You shall be notified of the fees payable before you use any fee-based services.
4B.3 You decide the duration of your subscription to the fee-based service. Your subscription period shall renew automatically for a period equal to your original subscription period unless terminated or cancelled by you in accordance with these Site Operator Terms.
4B.4 Access to the Dating Service using mobile devices may be restricted and not all features may be available. Only a limited selection of payment method subscriptions may be offered via mobile devices (which depends on your mobile operator’s services).
4B.5 Site Operator may prevent or suspend your access to the Dating Service if you do not comply with any part of these Site Operator Terms, any terms or policies to which they refer, or any applicable law. However, prevention of access to the Dating Service in whole or in part for the above reasons shall have no effect on your obligation to pay for any of the Service.
4B.6 In the event that clause E5 applies, the Site Operator may charge you up to £230 by way of liquidated damages for the loss suffered by the Site Operator. This may be paid by way of retention from any monies pre-paid by you or charged to you. You and Site Operator both agree and confirm that the above sum represents a genuine pre-estimate of Site Operator’s loss. This clause shall not prevent the assertion of any claims for greater losses actually incurred. The Site Operator, or its debt collection agency shall write to you before relying on this clause.
4B.7 You are solely responsible for the content that you provide during registration or publish or display on the Dating Service, or transmit to other members. By posting content to any public area of the Dating Service, you automatically grant, and you guarantee that you have the right to grant, to us and Site Operator an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. The Site Operator reserves the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material. www.rudedate.com has joined the HubPeople network which pools resources and members of several websites to provide you with a larger selection of members to communicate with. Any content you post may be visible on other sites on the HubPeople network.
4B.8 The Site Operator does not verify the accuracy or truth of any information published by members. Whilst the Site Operator is entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these Site Operator Terms and with the rules specified by the Site Operator on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using the Dating Service you accept that any member profiles, messages and communications may not be genuine and the Dating Service is for entertainment purposes only.
4B.9 You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
4B.10 You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Dating Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Dating Service or otherwise.
4B.11 You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or for purposes that breach these Site Operator Terms. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. You also undertake to refrain from sending "chain mail" or similar.
4B.12 Misuse of the Dating Service
(a) You must not misuse the Dating Service in any way, including, without limitation, as set out below.
(b) At all times you undertake:
- not to misuse the Dating Service in order to distribute or upload defamatory, objectionable, explicit or otherwise illegal material (e.g. but not limited to material that infringes third party rights such as photos of third parties), threaten or harass others and/or violate their rights, pledge or demand money or payment in kind;
- not to impersonate any person (including a fictitious person) and/or create false or deceptive profiles on the Dating Service;
- not to misuse the Dating Service or websites by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service or websites, the servers on which the Service and websites are stored or any connected server, computer or database. You must not attack our Service or websites via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately;
- not to upload any data to the Dating Service containing software or other material that are copyright protected or protected by other rights;
- not to use the Dating Service in such a way that the availability of the Dating Service to other customers is negatively affected or use the Dating Service in such a way as to harass or interfere with the privacy, safety or security of any person;
- not to intercept e-mails or make any attempt to do so.
(c) If you use the Dating Service in conjunction with business interests or use the details and data entrusted to you for commercial purposes, you shall be pay to Site Operator the sum of £7750 as liquidated damages for each proven contravention or the highest amount permitted by law, without prejudice to any other claim for damages. You and the Site Operator both agree and confirm that this sum represents a genuine pre-estimate of loss. Site Operator or its debt collection agency shall write to you before relying on this clause.
4B.13
Storage of messages. All incoming messages of users of the free service are stored in the internal mailbox on the website for 30 days. All incoming messages for paying subscribers are stored in your internal mailbox on the website for 3 months. Site Operator reserves the right to review and delete any messages, comments, photos, video and whole profiles (the "content") that in Site Operator’s sole judgment violate these Site Operator Terms or may be offensive, illegal, or that might violate the rights or put in danger the safety of other members.
4B.14
Deletion of your profile. The Site Operator is entitled to delete your profile if you have not used the free Dating Service for more than six (6) months, even without consultation or notice. On the one hand, this measure helps to protect your data as, after this period has elapsed, the Site Operator will be forced to assume that you are no longer interested in the storage of your data; on the other hand, this measure serves to keep the database free of inactive customers, thereby improving the Dating Service offered.
4B.15
Adobe Flash Player. In order to use the Dating Service chat program you may need to have Adobe Flash Player installed.
4B.16 RIGHT OF WITHDRAWAL
(a) You have the right to withdraw from the Site Operator Terms within 14 days of entering these Terms without giving any reason. The withdrawal period will expire after 14 days from the day of entering the contract with the Site Operator by accepting the Terms and accessing or otherwise using the Dating Service.
(b) To exercise the right of withdrawal, you must inform the Site Operator at Hubpeople Limited. 20 Duke Street, Douglas, Isle of Man IM1 2AY, United Kingdom, (E-mail:
[email protected]), of your decision to withdraw from these Terms by an unequivocal statement (by post, fax, e-mail or through your user account as appropriate). Your communication requesting a refund must state your full name, your email address, name of the website(s) you wish to withdraw from, your username and date of payment. Site Operator may request any valid form of ID for additional verification.
(c) To meet the withdrawal deadline, you must send your communication to withdraw before the withdrawal period expires.
(d) Effects of withdrawal. If you withdraw from the contract, Site Operator shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which it is informed about your decision to withdraw. Site Operator will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
(e) If you requested to begin the performance of Services during the withdrawal period, you shall pay to Site Operator an amount which is in proportion to what has been provided until you have communicated to Site Operator your withdrawal.
4B.17 Termination
(a) In this clause 5, there is a distinction between the unpaid Dating Service and paid Dating Service.
(b) You may terminate the unpaid Dating Service with us at any time.
(c) Site Operator may terminate the unpaid Dating Service provided to you, on 14 days’ notice. The Site Operator’s right to terminate for good cause or to prevent or suspend your access to the Service remains unaffected by this.
(d) The paid Dating Service may be terminated at least 14 calendar days before the subscription period expires or, if another period was specified upon purchase of the paid Dating Service, within that specified period. The termination of the paid Dating Service is only effective if it takes place by written notice. To aid clear assignment and to protect against misuse, you must always specify your registration details.
(e) The paid Dating Service cannot be terminated by deleting your profile. If you have purchased a paid Dating Service and delete your profile, the paid contractual relationship shall remain unaffected by this. If a Dating Service has been paid for but not used and you delete your profile, you are merely refusing to use the Dating Service. This means that you will receive no refund for the payment already made. As described above, written notice is always an absolute necessity for the termination of the paid Dating Service.
(f) To communicate your termination of the Dating Service, please send your written notice of termination via your user account, post, email or fax using the details below:
Hubpeople Limited.
CUSTOMER SERVICE
20 Duke Street
Douglas
Isle of Man
IM1 2AY
[email protected]
4B.18 Extension of the Service
(a) The paid Dating Service shall automatically extend by a period of time specified upon purchase provided that you do not terminate the paid Dating Service in writing at least 14 calendar days before the paid Dating Service expires, or, if another period was specified upon purchase of the paid Dating Service, within that specified period, giving your full registration details.
(b) There may be deviations in the case of trial subscriptions, advertising campaigns and similar. For these too, you are informed of the duration of the trial subscription, the option to terminate and the automatic extension that occurs failing exercise of this option in each case.
(c) When purchasing a paid Dating Service, you are informed, upon receipt of the order confirmation, of the relevant duration, the start date of the contract and the duration of the extension applicable if no termination is made on time. You will be sent a payment confirmation e-mail, which contains your payment reference. You must keep a copy of this information as this may be required if you wish to cancel your payment agreement.
(d) For trial offers your subscription will renew automatically based on the period equal to the first full subscription agreed upon after the trial and will continue to be renewed unless cancelled or suspended by you. Subscriptions will be billed periodically on the same day of the month as the first payment unless the transaction is not successful, in which case it will be tried again at a later date. The subscription fees for the Dating Service may be changed by members.rudedate.com at any time (e.g. due to VAT changes, etc.) with effect from the next renewal period. We shall inform you about the changed renewal price and your extraordinary right for termination if you disagree with the new price. If you are unhappy with any subscription fee changes you may terminate your membership by sending Site Operator the signed service suspension request form.
(e) Discounted subscription fees for special offers apply only to the initial payment. Further recurring payments will be charged at normal published prices unless specified in the said offer.
4B.19 Cessation of the Service
The Site Operator is entitled to cease providing the Dating Service offered in full or in part. It will inform you of the planned cessation and its scope ahead of time, at least 14 days before the full or partial cessation of the Service. If you have paid for, but have not yet fully exhausted an entitlement to the Service at the time of the cessation, you will receive a pro-rated refund for this non-exhausted entitlement.
4B.20 Information on data and marketing
Please refer to the Site Operator Policy within the Privacy Policy terms of which are incorporated expressly herein.
4B.21 Objections and Dispute Resolution
(a) Any objections to the amount charged or billed must be raised and justified in writing to Site Operator within six (6) weeks of the queried charge being made or the invoice being received. If you do not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved. For the avoidance of doubt, non-usage of the Dating Service, if the Dating Service has been available, is not a justified objection.
(b) If a justified objection is raised, the legitimate account claimed will be reimbursed to you or, optionally, you will be offered an extension of the paid Service. This extension will be for the period for which you raised the justified objection.
(c) You also have the right to set Site Operator a grace period of five working days for proper performance. If the cause of the complaint is not resolved by the end of this grace period, you have the right to terminate the contract.
(d) Mere immaterial interference to the Dating Service does not entitle you to a complaint. An immaterial interference to a paid Dating Service occurs when the period during which you are unable to use the paid Service does not exceed two consecutive days.
(e) You can only offset or assert a right of retention on the basis of your own claim against Site Operator if this claim is legally established, uncontested or recognized.
(f) In cases of non-payment or a default on payment by you, Site Operator reserves the right to commission a debt collection agency and demand that you pay Site Operator’s fees. Site Operator also reserves the right to levy interest for arrears in an amount based upon legal provisions.
(g) Site Operator reserves the right to demand that you pay the expenses arising from the unauthorized cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
4B.22 Disputes resolution
To resolve a complaint regarding the service or the website, you should contact the customer support team using the Contact Us form.
Section 5 Miscellaneous Provisions
5.1 The provisions of this Section 5 are incorporated into the Site Operator Terms above, and the provisions of this Section 5 also apply to your relationship with us, RudeDate.
5.2 Intellectual Property Rights. All rights to programs, services, processes, software, technologies, brands, trade names, inventions, materials, copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not registered or unregistered (anywhere in the world) that belong to us and/or the Site Operator shall remain exclusively ours and/or theirs. We, and/or the Site Operator are the owner of all rights of use for the above-mentioned rights. The use of any of the above-mentioned rights is only permissible for the purposes specified in these Terms of Use and Site Operator Terms. Any reproduction of the above-mentioned rights is not permissible unless authorized by the rights owner, whether us or the Site Operator, in writing.
5.3 Liability.
(a) Nothing in these Terms of Use or Site Operator Terms shall limit or exclude our or Site Operator (acting individually in each party’s own right) liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or limit liability.
(b) Subject to clause 5.3(a) above, neither us, nor Site Operator:
(i) shall be liable to you, whether in contract, tort including negligence, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with these Terms of Use, or the Site Operator Terms (including the Dating Service). Direct contact is only established between you and the Site Operator following mutual agreement. The Site Operator is therefore not liable in the event that no such contact is established within the duration of the Dating Service. However, Site Operator endeavours to mediate contact between you and them by providing the technological means to this end;
(ii) shall be liable to you for the misuse of data and information as the possibility exists, despite its explicit prohibition, that you or other members may use the Site or Dating Service in an improper or illegal manner. Furthermore, Neither us, nor Site Operator, shall be liable in the event that information made accessible to a third party by you is misused by that third party.
(iii) make any guarantee that the Site or Dating Service will operate properly at all times, i.e. that it will be constantly available without interruption.
(iv) shall have liability to you for any breach of these Terms of Use or Site Operator Terms due to any event or circumstance beyond each of our control including, but not limited to, failure of communication networks, faults in technical equipment, or in the quality of access to the Service, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or other accident. Neither us, nor Site Operator, guarantee that the Site or Dating Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.
(v) shall be liable for the unauthorized obtaining of your personal information by third parties, e.g. in the form of access to the database by hackers.
5.4 Limitations on Liability and Indemnities
(a) For other losses that occur due to causes other than those stated above,
(i) in respect of the Dating Service, Site Operator shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability is proportionate to other causes contributing to the loss. In any event, Site Operator’s total liability to you for all other losses arising under or in connection with the Site Operator Terms (including the Dating Service) whether in contract or tort (including negligence), breach of statutory duty or otherwise shall be limited to £100.
(ii) in respect of the Site (excluding the Dating Service for which we have no liability whatsoever), we shall only be liable in cases of intent and gross negligence on the part of our executive bodies, employees and vicarious agents, and this liability is proportionate to other causes contributing to the loss. In any event, our total liability to you for all other losses arising under or in connection with the Terms of Use whether in contract or tort (including negligence), breach of statutory duty or otherwise shall be limited to £100.
(b) You undertake to hold each of us and Site Operator harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the Site and/or Dating Service. In particular, you shall indemnify us and Site Operator against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us and Site Operator against all liability and claims arising from a breach of these Terms of Use and Site Operator Terms by you. Liability is otherwise excluded.
(c) For the avoidance of any doubt, as we do not provide the Dating Service under these Terms or the Site Operator Terms we do not accept liability whether in contract, tort including negligence, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Dating Service.
5.5 With respect to the Site Operator, except as expressly provided in the written form, the information on any payment page(s) in case you purchase the paid Dating Service and the Site Operator Terms constitute the entire agreement between the Site Operator and you with respect to Dating Service. Your registration details and any paid for subscription are personal to you. You will not assign, transfer or charge your rights and responsibilities under your registration and subscription. The Site Operator is entitled to subcontract the whole or any part of the Dating Services and if it does so, it will use our reasonable endeavours to ensure that the standard of the Dating Service is maintained but is under no obligation to do so.
5.6 With respect to us, these Terms together with the Privacy Policy constitute the entire agreement between us and you.
5.7 If any provision or part-provision of these Terms or Site Operator Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms or Site Operator Terms.
5.8 These Terms, the Site Operator Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. If there is any difference between the English version of these Terms and Site Operator Terms and translated versions, then the English version shall take precedence and apply.
5.9 All correspondence in respect of the Dating Service including memberships or subscriptions must be addressed to:
Hubpeople Limited.
CUSTOMER SERVICE
20 Duke Street
Douglas
Isle of Man
IM1 2AY
[email protected]
The HubPeople Network, the members.rudedate.com website and the Service are provided by HubPeople Limited. Please address all correspondence to customer support.
5.10 All correspondence in respect of the Site’s initial registration and our Partner Network should be addressed to us at
[email protected].