Welcome to Dream Date Destinations, owned and operated by Designer Diva Rental, Inc. hereinafter referred as (“us,” “we,” the “Company”, “Dream Date Destinations” or “DDD”) and you, (“Subscriber or Member”) hereinafter referred as a (“User”) and user together with us collectively as, (the “Parties”).
Description of User: A subscriber (female - complimentary service) and a member (male – paid membership service).
DDD, at its sole discretion, may change, and make modifications to this Agreement and to the Services from time to time. We may do this for any reason including to reflect changes in or requirements by law, our adding new features, or modifications in business practices. The most recent version of our Agreement will be posted, (see above) on the Services under, and you acknowledge you have been advised to check the most recent version. The most recent version supersedes any and all prior version(s) and the User acknowledges. If any changes include material changes that affect your rights or obligations, we will notify you in of the changes in a timely manner and no later than 30 business days. Notification by DDD may be via e-mail or via email. If you continue to use any of DDD Services after the changes become effective with a posted above revised dated notice, then you agree to the revised Agreement.
A. The Parties acknowledge effective October 1, 2018 the Company changed its brand name and website from First Class Arrivals / www.firstclassarrivals.com to Dream Date Destinations / www.dreamdatedestinations.com. If User accepts this Term of Use by subscribing or becoming a member of DDD all terms detailed herein supersedes prior term of use agreement and remains in effect as long as User of our service(s).2. Eligibility Requirement.
User agrees he or she is 18 years of age or older which is a DDD requirement to create an account on our site and use any of our Services. By creating an account and using our Service, you represent and warrant the following:
You can form a binding contract with DDD,
You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
You have no current dispute pending or non-pending with any other online dating site(s) or online site, under investigation for posting fraudulent pictures on any online dating site or online site, have any dispute with any online dating site or online site for non-payment of membership fees, or been reported by any user on any online dating site or online site for user harassment.3. Your Account.
You are solely responsible for maintaining the confidentiality of your login credentials you use create a DDD account, and you are solely responsible for all activities that occur under your created account. If you think someone has gained access to your account, please contact us immediately firstname.lastname@example.org. DDD APP.
DDD plans on offering a DDD APP that permits users to access to their account and other users via this APP. Through DDD APP you will be able to post pictures, travel trips and more. User agrees all content posted will be tasteful, non-pornographic in nature and pictures are real including current and older pictures, with full disclosure to other Users of timeline of pictures.5. Services and Termination.
DDD Services will develop and bring additional functionality to our site. These includes but not limited to new product features or enhancements from time to time as well as the removal of some features. If these modifications do not materially affect your rights or obligations, we may not provide you with notice before taking them. If we elect to suspend the Services entirely, which is at our sole discretion, we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). DDD may terminate your account at any time without notice if it believes that you have violated any term as forth Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and DDD: Section 5, Section 6, and Sections 13 through 20.6. Safety – User Interaction with other Users.
DDD strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow DDD Tips, located on www.dreamdatedestinations.com prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DDD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FCA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. DDD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.7. Rights DDD Grants You.
DDD grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by DDD and permitted by this Agreement. Therefore, you agree not to:
Use the Service or any content contained in the Service for any commercial purposes without our written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without DDD’s prior written consent.
Express or imply that DDD endorses any statements you make.
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
Use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
Upload viruses or other malicious code or otherwise compromise the security of the Services.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“Frame” or “mirror” any part of the Service without DDD’s prior written authorization.
Use Meta tags or code or other devices containing any reference to DDD or the Service (or any trademark, trade name, service mark, logo or slogan of DDD) to direct any person to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
Use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
Use, access, or publish the DDD application-programming interface without our written consent.
Probe, scan or test the vulnerability of our Services or any system or network.
Encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.8. Rights you Grant DDD.
By creating an account, you grant to DDD a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other DDD users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to DDD above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for DDD allowing you to use the Services, you agree that our affiliates, our third-party partners, and we may place advertising on the Services. By submitting suggestions or feedback to DDD regarding our Services, you agree that DDD may use and share such feedback for any purpose without compensating you.
You agree that DDD may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.9. Community Rules.
By using the Services, you agree that you will not:
Use the Service for any purpose that is illegal or prohibited by this Agreement.
Spam, solicit money from or defraud any users.
Impersonate any person or entity or post any images of another person without his or her permission.
Bully, “stalk,” intimidate, harass or defame any person.
Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
Use another user’s account.
Create another account if we have already terminated your account, unless you have our permission.Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of DDD) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
DDD PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DDD DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
DDD TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.11. Third-Party Services.
The Service may contain advertisements and promotions offered by third parties, which includes any Concierge Services (see Concierge Services) and links to other web sites or resources. DDD is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. DDD is not responsible or liable for such third parties’ terms or actions.12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DDD, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DDD AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DDD FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.13. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Manhattan, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York county of Manhattan without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern this arbitration agreement.
E. The online dispute settlement platform of the European Commission is available online. DDD does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.13. Governing Law.
For users residing outside of the United States where our arbitration agreement is prohibited by law, the laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of New York governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.14. Venues and Jurisdiction.
Users may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of New York, County of Manhattan, the User and DDD consent to personal jurisdiction in those courts.15. Indemnity by User.
You (the “User”) agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless DDD, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.16. Concierge Service.
DDD uses best efforts to provide our users reputable and cost savings Concierge Service offers. DDD posts these offers within a section on our site from third parties. These include but not limited to: discount travel, resorts, transportation, entertainment and other goods and services available for purchase. Our users may, at their sole discretion, purchase direct from these third party companies their goods and/or services. The user waives DDD from any liability if goods and/or services are not provided, delayed or not to their full satisfaction and in case of dispute will contact directly the provider and waives DDD from being a party, directly or indirectly any legal claims or actions taken by user against the Concierge Service Provider and releases DDD from any and all financial obligations. If user is in dispute with Concierge Service Provider please contact: email@example.com and we will, within a reasonable timeframe remove their offer from DDD site.17. Agreement.