(Valid as of December 1, 2009)
Welcome to Gleeden, a high-end online service for adult encounters (the “Service”) accessible on the Internet.
By clicking on the “ I AGREE” button, you (referred in this document as the “Member,” “Members,” “you,” or “You”) agree to be irrevocably bound by the following terms and conditions of use (the “Terms of Use,” “Agreement” or the “Document”) on the website Gleeden.com, a proprietary domain name and trademark of Blackdivine LLC (hereinafter referred to as “Gleeden”).
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.
GLEEDEN RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
A – Conditions To Register On Gleeden.
To become a Member of the Service, you must be an adult according to the laws of the country in which you reside. You will be prompted to acknowledge in the registration process that you have the legal age of the country in which you reside to be allowed to use Gleeden’s Service. You must declare not to be mentally unable and/or not to be under guardianship.
You cannot use Gleeden if you have been convicted by a Court of law for sexual assault, sexual attacks, pedophilia or any other sexually related felonies or crimes under the laws of the country in which you reside, as well as under any the laws of any other State in which you may have be found liable for such felonies or crimes.
The Service is not presently offered in the following States of the United States of America: Massachusetts, Michigan, Idaho and Oklahoma.
B – Membership.
- Free Membership. Becoming a Member on Gleeden is free. The membership allows you to access public areas of the Service and use unpaid services such as research, or viewing of parts of profiles of other Members.
- Paid Services. Communicating with other Members requires a purchase of credits as more fully detailed in the Terms of Sale. All funds are quoted in the currency in which they are displayed or, by default, in United States dollars. Prices are displayed without taxes. Gleeden reserves the right to change its pricing policy or the method or manner in which it charges for its Service at any time at its sole discretion without further notice. Once Gleeden has confirmed receipt of your payment, your account will be credited with the number of credits purchased. If we receive payment for an incorrect amount or in a currency other than the one displayed, we reserve the right to credit your account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Time will lapse automatically on your account and will be automatically deducted as you use the Service. You can view the expiration date of your credits on your account and any account balance at any time by clicking on “Manage Your Account”. A Member whose account has lapsed or who has no remaining credits will remain a Member, but cannot access "paid features" until credits for additional time is purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused balance will be immediately forfeited.
Accounts are not transferrable from one Member to another Member. Accounts are never automatically billed.
Gleeden reserves the right to cancel without refund any unused credits on such date that is the earlier of 180 days from the date of your last login or 365 days from the date of purchase. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You are also responsible for any fees or charges incurred to access the Service through an Intrnet access provider or other third party service, including but not limited to telephone charges.
3. Refund Policy. The purchase of initial and recurring credits is non-refundable.
C - How to Become a Member.
In order to use Gleeden’ Service, you must create an account. You will be asked to create a login and a password, and questions to retrieve a forgotten login or password. This login and password is only created once and will allow you to access each time the Service.
When you first access our Service, you will be asked to provide complementary personal information concerning your profile and your preferences, including text, pictures and other information, or data. Our moderators must then validate your account. During the validation period, you will only be allowed to view others Members’ profiles. Once your account is validated, your profile will be posted for other Members to view and you will be given access to subscribe additional services by purchasing credits as more fully described below in Section B.2. above, or in the Terms of Sale.
D - Gleeden’s Representations and Warranties.
High-End Social Platform. Gleeden is not a matrimonial agency. Gleeden is a high-end social platform where married and engaged adults may interact and initiate encounters in a secure and confidential environment. There is no lewd, sexual explicit content allowed on Gleeden.
No-Fake-Members Policy. Gleeden warranties that it will not create fake members in order to improve traffic and push members to buy more credits.
Control Policy.
- Gleeden will endeavor to screen all Members, and the content posted on the Service in order to ensure a high quality of encounters to its Members. Gleeden does not, however, inquire in any way the background of its Members, or attempt to verify their statements, or their accuracy. Gleeden makes no representations or warranties as to the conduct of our Members and we do not and cannot review each and every message or other material posted or sent by each Member at all times.
- However, Gleeden has elaborated a clear Code of Conduct that each Member needs to follow and a list of 20 prohibited behaviors on the Service (See below, Section E –Code of Conduct of our Members).
- In order to implement its Code of Conduct, Gleeden will implement a three prong policy:
- Screening of content before it is posted on the Service.
- Random screening of posted content, or screening of posted content based on reporting by other Members,
- Sanctioning unacceptable behaviors as reported by Members, or as determined by Gleeden in its sole discretion, including sending a warning, suspending or excluding a Member.
- We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by Gleeden for compliance with the Code of Conduct or any of these Terms of USe, but will be treated by us as private to the extent required by applicable law.
Confidentiality. Gleeden guarantees that it will do its best in order to secure the highest level of confidentiality and security of your personal information. Click here to access our Privacy Policy which is incorporated herein by reference.
24/7 Permanent Access. Gleeden promises to its Members that its Service will be available without interruption 24/7 throughout the year, except for maintenance operations from time to time. Of course, Gleeden cannot be found responsible if you cannot access the due to the failure of your Internet provider, or to the equipment or obsolete navigation software making the connection slow or impossible. Notwithstanding the foregoing, in certain circumstances, we cannot be found liable as more fully explained under Section G below.
E – Code of Conduct of Our Members.
Why a Code of Conduct ? Gleeden wants to ensure that its Members have a pleasant experience on the Service.
Gleeden’s moderators screen profiles at the time of registration to ensure that non-offensive content is made available on the Service. As more fully explain above, Gleeden’s moderators can also be asked to review and remove any offensive comments or interactions in the Service.
However, the Gleeden experience depends to a large extent on the behavior of each Member.
Code of Conduct: Your Six Commitments. In that respect, each Member represents that, at all times during the use of the Service, he or she will :
- Guarantee that the information he or she provides to Gleeden are true and accurate (for confidentiality reasons, you are not required to reveal your real identity to other Members and may choose to create a pseudonymous username; but the place you reside and your description must be truthful),
- Stay polite, courteous and civil with other Members and Gleeden’s customer representatives,
- Respect other Members’ privacy by not exploiting, using, divulging their personal information on the Service and offline,
- Report to Gleeden any behavior contrary to the present conditions, with evidence of such behavior or act,
- Update any information of his or her personal space so as to reflect a true and accurate image of his or her profile, and
- Respect all conditions stated in these Terms of Use.
Unacceptable Conduct: the 20 Do-Not. Each Member represents and warrants that he or she will not do any of the prohibited following acts, or behaviors, at all times:
- Use the Service for professional or commercial purposes (including but not limited to canvassing, soliciting or prostitution) or for any non-private purposes.
- Use any information obtained on the Service for any unauthorized or unlawful purpose.
- Impersonate any other person or entity, or post pictures and/or any information, which does not correspond to his/her true identity.
- Post or submit any content that: (a) encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), (b) makes use of offensive language or images or is otherwise patently offensive, (c) promotes an illegal or unauthorized copy of another person's copyrighted work, (d) characterizes violence as acceptable, glamorous or desirable, (e) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity), (f) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, (g) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (h) provides or promotes inaccurate, misleading or false information.
- Write, utter, state or publish libelous, defamatory or slanderous statements on the Service and/or offline regarding any Member, or personal information of a Member.
- Write, utter, state or publish on the Service any statement on the Service and/or offline promoting by stereotypical depiction or otherwise any form of racism, denial of the Holocaust, discrimination, xenophobia, pedophilia or any other type of physical and/or verbal violence of any kind against any group, or endangering public order.
- Use abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with other Members or with Gleeden’s customer service representatives.
- Post pictures and/or information concerning minors on the Service.
- Upload, publish on the Service any shocking, offensive or sexually charged pictures or content in your profile and your personal space.
- Transmit, distribute, post or submit any information, data, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers.
- Divulge or transmit your personal information enabling another Member to contact you through means other than through Gleeden, or retrieve or use personal information of Members to send emails, or to contact them in any way for any reasons other than through Gleeden.
- Attempt to harm or disrupt the Service in any way and by any means including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.
- Use the Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements.
- Collect or store any information about any other Members other than in the course of the permitted use of our Service,
- "Stalk," harass or promote the harassment of any other Member of the Service.
- Communicate to other Members or acquaintances your personal information concerning the access to the Service (login and password). If this is the case, Gleeden cannot be held responsible for any malevolent, fraudulent or abusive use of the concerned account and the Member will be the only one to suffer the consequences.
- Post on the Gleeden’s Service, via their personal space, any content (texts, images, information, software…) of others being protected by any intellectual property rights, without having obtained the prior consent of the owners.
- Extract, use, post, distribute, duplicate and/or reproduce in any way any elements of intellectual property belonging to Gleeden (including its trademarks, image, logos, or any other intellectual property rights) for any reasons, whether commercial or not, legal or not.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service.
- Assist any third party in doing any of the foregoing.
Take Reasonable Precautions. Each Member agrees to take reasonable precautions in all interactions with other Members of the Service, particularly if he or she decides to meet offline or in person. Each Member should not provide his or her financial information (for example, credit card or bank account information) to other Members of the Service.
F - Member’s Authorization.
Subscription to Gleeden is a voluntary action. A Member voluntarily submits and provides content to Gleeden.
By submitting any content (including without limitation, your photograph) to our Service, you authorize Gleeden to publish pictures, information, or any data that you want to be posted on Gleeden.com. In doing so, you (1) represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party, and also (2) also assign and grant forever to Gleeden, its licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing, and waive absolutely any and all moral rights to be identified as the author of the content, including your photograph, and any similar rights in any jurisdiction in the world.
G - Limitation of Liability.
- IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) CONTENT, STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) ACTIONS OR INACTIONS OF OTHER MEMBERS OF OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, (F) ANY LACK OF PRECAUTIONS IN YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE ONLINE AND OFFLINE, (G) ANY FAILURE TO ACT OR NEGLIGENT ACT FROM ONE OF OUR MODERATORS SUCH AS FAILING TO SCREEN OR REMOVE OFFENSIVE OR MALEVOLENT CONTENT FROM A PUBLIC AREA, (H) the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of the Service or persons you meet through the Service, (I) the content of messages or communications received from or sent by other Members of the Service. OR (J) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS OF USE.
- WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
- FORCE MAJEURE. UNLESS OTHERWISE STATED, WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, WAR OR CIVIL UNREST, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, CYBERATTACK, LABOR STRIKES OR LOCK-OUTS, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION OR POWER STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
- THIRD PARTY CONTENT. We do not control the content that you may access from third parties while using the Service either via our Service or through links to third party web sites ("Third Party Content"). By using our Service, you agree that you may be exposed to Third Party Content that may be false, offensive, indecent or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with Third Party Content, including without limitation, profiles of other users of our Service.
- LIMITATION PROVISION. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE PRICE PAID BY A MEMBER (WHICH CAN BE AS LOW AS ZERO IF NO PRICE WAS PAID).
H – Indemnity.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms of Use and/or any of the representations and warranties set forth herein. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if and how we wish to settle it.
I – Suspension, Discontinuance, Termination and Eviction.
Termination of a Member’s account by Member:
A Member may at any time request the termination of his account by sending to Gleeden an email at unsubscribe@Gleeden.com. Gleeden will have not more than 30 days after receipt of the e-mail to remove the posting of the Member’s personal information from its website.
There will be no reimbursement for unused credits existing on the Member’s account on the day of termination of the account.
Voluntary Suspension of Service:
A Member may at any time request the suspension of his account to Gleeden. Gleeden will then remove from the public space the profile of such Member as a result of which it will not be accessible either by research, or by chat by any other Member. The profile and personal information will be stored by Gleeden and the Member may at any time reactivate the Service without the need to create a new profile.
Unused credits existing on the Member’s account on the day of suspension of the account will be stored and preserved until reactivated. However, such credits will be lost if they expire without being used within the time specified.
Eviction of a Member by Gleeden:
Gleeden can temporarily or permanently stop providing access of its Service to a Member at any time and without notice, if the Member violates any terms and conditions of the Service. Gleeden may, depending on the seriousness of the violation, issue a simple warning to the concerned Member with notification of the violation requesting that the Member cease the alleged conduct or act immediately, or temporarily or permanently terminate the account of the Member without notice.
Non-used credits existing on the Member’s account on the day of the eviction will be lost, and there will be no reimbursement or compensation.
Discontinuance. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
Blocking of IP Address: In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.
J – Cookies.
Cookies are used to identify the Member during the surfing of the website. The Member can refuse the installation of cookies by the intermediate of his Internet provider (please read the users manual of your provider).
K - Use of personal information – Privacy Policy.
The terms and conditions of Gleeden’s Privacy Policy are incorporated herein by reference.
L - Ownership Rights.
Gleeden’s name, brand, logos, graphic design and the texts appearing on the website are the exclusive property of Gleeden. Gleeden is a protected trademark. They cannot be reproduced, used, whether totally or partially without the previous written consent of Gleeden.
If you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, please contact us and send us your notice of infringement by sending us an e-mail at the following address: info@Gleeden.com.
M – Contact.
Gleeden is the trademark and commercial name of Blackdivine LLC, a limited liability company (LLC), registered in the State of Texas, with head offices located at: 60 Broad Street, Suite 3502, New York, New York 10004, represented by Mr. Teddy Truchot, Director of publication of the Gleeden site. For questions, you can reach us at the following address: info@Gleeden.com. We will answer as soon as possible.
N - Jurisdiction and Applicable Law.
- World (except for North America). These Terms of Use shall be governed, construed and applied in accordance with the laws of the State of England and Wales, excluding its conflict of laws rules. Any dispute arising out of these Terms of Use shall be exclusively submitted to the Courts of the State of the European Union where the Member is domiciled at the time he or she is a Member, and within such State, before the competent Courts located in the Capital of such State. Any dispute as to the meaning of a term or provision of these Terms of Use, the English version of these Terms of Use shall be English.
- North America (United States and Canada). These Terms of Use shall be governed, construed and applied in accordance with the laws of the State of New York, excluding its conflict of laws rules. Any dispute arising out of these Terms of Use shall be exclusively submitted to the Supreme Court of the State of New York, county of New York.
- Injunctive relief. Gleeden may apply for preliminary injunctions or temporary restraining orders, or other temporary relief in the event of a breach of any of the Terms of Use which may cause irreparable harm to Gleeden.
O – Miscellaneous.
These Terms of Use contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The Member does not have the right to assign this Agreement or any of your rights to the Service to anyone. Gleeden has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, Gleeden shall be relieved of any and all liability under this Agreement. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. The parties accept that the present Terms of Use be drafted in English.
