ThaiFavorites
https://thaifavorites.com

Terms and Conditions

Terms of Service (TOS) | ThaiFavorites

Statement of Purpose
ThaiFavorites.com is a social networking service that allows Users to create unique personal profiles online to find and communicate with old and new friends. The aim of the service is mainly aimed at Thai ladies and Western men by offering them a social platform to get in touch with each other.
By completing your application for membership of ThaiFavorites, you acknowledge that you have read and agree to the terms and conditions of membership contained herein, and agree to abide by them.

1. Acceptance of the Terms.
1.1 This Terms of Service document (referred to as "TOS"), is an agreement that you must accept in order to use ThaiFavorites' service, as discussed below. It applies to all Users - this also includes members who have created an account. The terms Users include all users, active, inactive, past, current and future members. This agreement describes both your rights and your obligations to use our Service. It is important that you read it carefully as you are legally bound by these terms. ThaiFavorites provides its Service (as defined below) only to Users subject to these Terms of Service. By accepting these Terms of Service or by accessing or using the Service, Users agree to be bound by these Terms of Service (including the Privacy Policy (link to Privacy Policy), which is incorporated here by reference).
1.2 By completing your membership application in ThaiFavorites you acknowledge that you have read the Terms and Conditions of Membership and that you accept and agree to abide by the terms and conditions contained herein. Users acknowledge that these Terms of Service are a contract between Users and ThaiFavorites, even if electronically and not physically signed by Users and ThaiFavorites, and apply to your use of the Service.
1.3 ThaiFavorites reserves the right to change our Terms of Service as its business evolves. ThaiFavorites will notify users of any material change via email, blog or on the site within a reasonable timeframe. Users can review the most current version of the Terms of Service at any time by visiting this page. The revised terms will become effective on the date specified in our notice, and if users use the service after that date, users will agree to the revised terms. If any change to these Terms of Service is not acceptable to users, please do not use our Service and delete your ThaiFavorites account.
1.4 As a User, you are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account, including the activities of other project users. Users can never, under any circumstances, transfer or share their account with other users as this may result in the account being deleted.
1.5 If users are more than one individual (example: a couple), all affected entities identified at registration are responsible for applicable company policies, obtaining legally required consent from the member for such policies and for ensuring that any use of the Services complies with applicable federal, state and / or international privacy laws. The main user is considered the one who pays for the account.
1.6 ThaiFavorites management reserves the right to deny or terminate membership of any person in its sole discretion. any membership of a member, without notice, for any reason, including but not limited to a member's failure to comply with the terms and conditions of membership.

2. Description of the service.
ThaiFavorites offers an online media, dating, collaboration and community platform (the Service) that allows Users to create unique personal profiles online to find and interact with old and new friends. The aim of the service is mainly aimed at Thai ladies and Western men by offering them a social platform to get in touch with each other.
ThaiFavorites reserves the right to make updates or changes to its Service from time to time. If ThaiFavorites determines that a change may result in a reduction in the functionality or features of the Services, ThaiFavorites may notify all users by email or on the Site.
The Service does not include User Data (as defined below) or any software application or service provided by you or any third party, which you use in connection with the service, whether or not ThaiFavorites designates it as official integrations. Any changes and new features added to the Service are also subject to these Terms of Service. ThaiFavorites reserves the right to change or discontinue the Service (or any Service Plan) or any feature or functionality thereof at any time without notice. All rights, titles and interests in and to the Service and its components (including all intellectual property rights) remain with and belong exclusively to ThaiFavorites.

3. Access and Use of the Service.
3.1 You may use the service only for lawful, authorized purposes and you must not misuse the service in any way. See Section 6 for specific prohibited uses of the Service. Users will immediately notify ThaiFavorites if you discover a security breach in relation to the Service.
3.2 Any software that may be made available by or on behalf of ThaiFavorites in connection with the Service, including ThaiFavorites' mobile applications (Software) contains proprietary and confidential information that is protected by applicable intellectual property rights and other laws. Subject to the terms of these Terms of Service, ThaiFavorites only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. All rights not expressly granted herein are reserved.
3.3 ThaiFavorites reserves the right to use the username and location as a reference on our site for marketing and promotional purposes. ThaiFavorites can also use the username and company to advertise to potential consumers. For example, we may list your username on one of our web pages under ThaiFavorites customer lists. If you do not wish to be used as a reference, please contact info@thaifavorites.com and state that you do not wish to be used as a reference.
3.4 In our efforts to keep our site a place where members feel comfortable, we will promptly remove any sexually explicit images and text. If you come across an account containing such images and / or text, please report it and we will review the information.

4. User Data Rights and Related Responsibilities.
4.1 "User Data" means all data and content uploaded, posted or made available by users through the Services. User Data includes uploaded files, all content within uploaded files, profile information, intra-site communications, and anything else you enter or upload to the Service. ThaiFavorites will use commercially reasonable efforts to ensure that all facilities used to store and process User Data meet a high standard of security.
4.2 In order to provide the Service to you, we require certain rights in relation to User Data. For example, we need to be able to send, store and copy user data to display it to other members, index it for search, to make backups to prevent data loss, etc. Acceptance of these Terms of Service authorizes ThaiFavorites to do so and grants ThaiFavorites all rights necessary to provide the service to all users. This also includes allowing us to use external service providers (XS4ALL and Versio) in the execution and administration of the Service and the rights granted to us are extended to these third parties to the extent necessary to operate the Service. to work. provided.
4.3 If users send us feedback or suggestions regarding the Service, you grant ThaiFavorites all rights to use such feedback or suggestions for any purpose, without obligation to you.
4.4 Users are solely responsible for the content of User Data and all communications while using the Services. ThaiFavorites is not responsible for the accuracy, suitability or legality of User Data or any other information that Users may obtain using the Services. The Services provide features that allow users to share or disclose user information and other material with others. Think carefully about what is being shared or made public.
4.5 Users can report inappropriate content to ThaiFavorites. The flags are the following:
Rude, obnoxious or offensive
Irrelevant or irritating
Security issue or illegal
Commercial or spam
Incorrectly posted
4.6 Members acknowledge and agree that any content produced by this site or its members is the tangible and intellectual property of ThaiFavorites and is copyrighted accordingly. All content produced by the club may be used by ThaiFavorites for any business purpose.

5. Payment.
5.1 When users select a paid plan, the user must provide your current and accurate billing information. Valid credit card and billing information is required to complete the purchase. By subscribing to the monthly plan, users authorize ThaiFavorites to charge their credit card during users' billing cycle. Paid subscription users will be billed based on subscription prices, as explained above. Users can update their billing information under their ThaiFavorites account to update their credit card information. The user agrees that failure to update the billing information will result in continued charging of the payment method registered in the file. You agree to pay ThaiFavorites in accordance with the terms set forth on the Site and these Terms of Service, and you authorize ThaiFavorites or its third party payment processors to periodically bill your payment instrument in advance in accordance with such terms.
5.2 If a member has set up automatic withdrawal for payment of membership fees and that membership is terminated for any reason, it is the member's responsibility to cancel the automatic payment. By default, recurring billing for membership is enabled. Refunds will not be given for overpayments due to members failing to terminate automatic payment.

6. User Responsibilities
All members acknowledge and agree that the information they provide will be fair and accurate with respect to his or her personal data. Each member acknowledges and agrees that any information he or she provides to ThaiFavorites for publication can be used unconditionally by ThaiFavorites. Users also agree:
a. Upload, post, transmit, or otherwise make available User Information that is unlawful or illegal, defamatory or invasive of other people's privacy;
b. use the Service to harm minors in any way;
c. impersonating any person or entity, including, but not limited to, a ThaiFavorites employee or other member, or misrepresenting your affiliation with any person or entity;
d. manipulate identifiers to disguise the origin of user data;
e. Upload, post, transmit, or otherwise make available User Data to which you are not entitled by law or by contractual or fiduciary relationships;
f. Upload, post, transmit or otherwise make available User Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
g. Use the Service to upload, post, transmit, or otherwise make available any software viruses or other computer code, files or programs designed to interrupt, destroy the functionality of any computer software or hardware or restrict;
h. disrupt or disrupt the Service or servers or networks connected to the Service;
i. modify, modify, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
j. Intentional or unintentional violation of applicable local, state, national or international law in connection with your use of the Service, including
k. Use the Service to provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to an organization (s) designated by the United States government as a foreign terrorist organization under Section 219 of the Immigration and Nationality Act;
l. Use the Service to engage in illegal or illegal activities; and / or
m. collect or retain personal information about other users in connection with any of the prohibited behaviors and activities outlined above.
n. Members will not harass, insult or insult other members and will not use offensive or obscene words, names or phrases in their online communications.
o. Any unsolicited commercial or promotional messages sent to other members will be considered spam and will result in immediate account termination. Prohibited activities include promoting another website (of any type), another club. It is our intention and desire to protect our members from all kinds of spam. If you, as a member, are offended by the actions or conduct of another member who has violated the ThaiFavorites Code of Conduct or any of the terms of this Membership Agreement, it is your responsibility to report such conduct to ThaiFavorites management. After receiving such a notification, ThaiFavorites will follow the chat messages of all parties involved. If offensive behavior continues, the offending member (s) will be terminated at the sole discretion of ThaiFavorites. Furthermore, if any monitored chat messages contain language that contains threats or other violations of law, such emails will be forwarded to the appropriate law enforcement authorities. You acknowledge that ThaiFavorites and its designated persons have the right (but not the obligation), in its sole discretion, to pre-screen, deny or delete any user data available through the Service.
Without limiting the foregoing, ThaiFavorites and its designated persons have the right to delete any user data that violates these Terms of Service. Users must carefully evaluate all risks associated with the use of user data, including reliance on the accuracy, completeness or usefulness of user data. You acknowledge, agree and agree that ThaiFavorites may access, retain and disclose your account information and user data if required by law or if you have a good faith belief that such retention or disclosure of access is reasonably necessary to: (1) comply with legal procedures; (2) enforcement of the Terms of Service; (3) respond to claims that user data violates the rights of third parties; (4) respond to your customer service requests; or (5) protect the rights, property, or personal safety of ThaiFavorites, its users and the public.

7. Termination.
7.1 These Terms of Service will remain in full force and effect unless and until your User Account or these Terms of Service are terminated as described herein. All service plans are automatically renewed for additional months / year depending on the subscription and recurrence chosen by the user. Users have the right to delete their account or cancel their paid subscription at any time by accessing account information on the site. ThaiFavorites will not automatically terminate your account unless specifically requested.
7.2 ThaiFavorites reserves the right to delete your account if ThaiFavorites determines that users have violated the rules and conditions set forth in these Terms of Service.
7.3 Profile data in expired ThaiFavorites subscriptions will be deleted.
7.4 Data backups have a retention policy of 90 days.
7.5 ThaiFavorites reserves the right to terminate all inactive free users if there have been no activities in the last 365 days. If a user remains inactive, e.g. does not log in to reactivate their ThaiFavorites account within one week of notification, ThaiFavorites will delete the account and associated data.
7.6 ThaiFavorites will keep personal data of deleted accounts and associated files for up to 90 days. All data will be deleted after 90 days unless the user reactivates their account.
7.7 ThaiFavorites offers users the option to delete their account and data. See the "Data Deletion" section of our Privacy Policy.
7.8 All accrued payment entitlements and the terms of Section 5 and Sections 8 through 17 will survive the termination of these Terms of Service.
7.9 If a membership is terminated for any reason, either by ThaiFavorites or by the member, no refund will be given for any prepaid portion of the membership fees.

8. Disclaimer of Warranties.
8.1 The service may occasionally reverse scheduled or emergency maintenance due to updates or other causes beyond our control. ThaiFavorites will make every effort to notify in advance of any disruption to the Service.
User understands that User Data may be transmitted or processed in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while ThaiFavorites will make every effort to ensure that information provided to third party providers and hosting partners is securely transmitted, ThaiFavorites cannot guarantee that these transmissions will be encrypted. Users recognize that users are solely responsible for adequate security, protection and backup of user data. ThaiFavorites is not liable for any unauthorized access to or use of User Data, or any corruption, deletion, destruction or loss of User Data.
8.2 ThaiFavorites cannot be held responsible for any actions or statements by any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any of its members. third party as a result of the membership of ThaiFavorites. The service provided is a "seen" basis and, due to the enormous variety of selection and matching criteria, does not offer any guarantee that suitable matches will be found. ThaiFavorites will strive to provide a level of service as indicated in all published material. ThaiFavorites agrees to the best of its ability to keep any information submitted by members that is not for public display private, but cannot be held responsible for any illegal actions by any third party in violation of this Agreement.
8.3 THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, AND THAIFAVORITES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT IMPLIED UNDER ANY WARRANTY. OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USERS ACKNOWLEDGE THAIFAVORITES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELESS, SECURE, ERROR-FREE, OR VIRUS-FREE, NOR MAKES ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED BY THE SERVICES, AND THE USE OF THE INFORMATION, YOU HAVE OBTAINED FROM THAIFAVORITES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

9. Limitation of Liability.
9.1 UNDER ANY CIRCUMSTANCES OR LEGAL THEORY OF ANY KIND (WHETHER IN CONTRACT, UNLAWFULNESS OR OTHERWISE) IS THAIFAVORITES LIABLE TO USERS OR THIRD PARTIES FOR (A) ANY INDIRECT, INCIDENTAL, EXAMPLES, SPECIAL, CONSEQUENTIAL OR PENAL DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR (B) ANY MATTER OUTSIDE OF OUR REASONABLE CONTROL IN CONNECTION WITH THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES THAIFAVORITES SHALL BE LIABLE FOR ANY AMOUNT. THE PROVISIONS OF THIS SECTION ASSIGN THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RESTRICTED ON THIS TOS IN DETERMINING THIS TOS.
9.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability. for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS THAIFAVORITES 'LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Dispute Resolution / Arbitration.
Please Read Carefully:
In order to expedite and manage the costs of disputes, Users and ThaiFavorites agree that any legal or equitable claim arising out of or in any way related to Users' use of the Services or these Terms of Service are resolved as follows:
10.1 Informal solution. We will first try to resolve a claim informally. Neither party may initiate any formal proceeding for at least 30 days after an official written notice of the Claim. Notification of the claim includes a written statement stating the party's name, address and contact details, the facts giving rise to the dispute, claim or controversy, and the relief sought. You send your notice by email to info@thaifavorites.com.
10.2 Formal solution. If we are unable to resolve a claim informally, an alleged claim will only be resolved through binding arbitration and not by courts of general jurisdiction. No civil action in respect of any dispute arising out of this Agreement will be brought in a court of law and all such disputes will be submitted to final and binding arbitration by a three-man panel. Each side selects an arbiter, who in turn selects a third arbiter. All costs and expenses of the arbitration, including actual attorney fees, will be divided among the parties at the discretion of the arbitrators. The arbitrators' award resulting from such arbitration may be upheld and filed as a final award in any court of competent jurisdiction and enforced accordingly. Furthermore, the parties to this agreement expressly agree that the arbitration and obtaining of an award thereon is a precondition for the bringing or maintaining of any claim in a court of law in respect of any dispute arising under this agreement, except for filing a civil claim. to maintain the status quo while pending arbitration proceedings.

11. Statute of Limitations.
Regardless of statutes or laws or applicable dispute resolution process, an informal complaint regarding any Claim or cause of action arising out of or related to the use of the Service or under the Terms of Service must be submitted to ThaiFavorites within one (1) month of any such claim or cause of action arising, or excluded forever.

12. Notice and Process for Making Claims of Copyright or Intellectual Property Infringement.
ThaiFavorites respects the intellectual property of others and we ask our users to do the same. ThaiFavorites may, in its sole discretion, disable and / or terminate the accounts of users who are repeat infringers. If users believe that your data, your images and your videos have been copied in a way that constitutes a copyright infringement or that your intellectual property rights have been otherwise violated, please provide ThaiFavorites with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner of the copyright or intellectual property.

By email: info@thaifavorites.com

13. Compensation.
Users will defend, indemnify and hold ThaiFavorites harmless from and against all claims, actions or demands, including but not limited to reasonable legal and accounting costs, arising out of or arising out of your breach of these Terms of Service. User data or misuse of the service by users. ThaiFavorites will notify users of any such claim, suit or demand. ThaiFavorites reserves the right to have exclusive defense and control over any matter subject to indemnification under this section. In such event, you agree to cooperate with all reasonable requests that assist ThaiFavorites in the defense of such matters.

14. Enforceability.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum necessary so that these Terms of Service otherwise remain in full force and effect and enforceable.

15. Integration, modification and authority.
These Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all prior written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service. Any changes to these Terms of Service must be signed in writing by both parties who expressly change or waive any provision of these Terms of Service by the terms, unless otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of these Terms of Service and you do not have any authority to bind ThaiFavorites in any way.

16. Choice of law and forum.
The Terms of Service are governed and enforced by the laws of the Netherlands in which country ThaiFavorites has its registered office, without regard to conflicting laws. The parties hereby waive any right to claim a jury trial for any dispute arising out of or in connection with this Agreement.

17. Conditions of sale
Paid subscriptions of ThaiFavorites
ThaiFavorites offers different price packages: trial version and paid. All users are subject to ThaiFavorites terms and conditions as detailed below - this includes all free and paid users.

18. Active Users
Active Users are defined as all users who have signed up or logged in to ThaiFavorites during the annual billing cycle and who have visited Services in your account at least once during the annual billing cycle.

19. Refund Policy
ThaiFavorites does not offer a full refund unless major issues and bugs exist within our system and are not resolved in a timely manner. It is the user's responsibility to notify ThaiFavorites of any errors. A user can request a refund by providing appropriate grounds for the refund. ThaiFavorites will consider each individual refund request, but is under no obligation to issue a refund to User (s) solely on the basis of submitting a request. Active user billing may result in credits being added to your account. These credits are also non-refundable, but they cannot be expired and will be used by ThaiFavorites for further subscriptions in your account.

The Netherlands, Zoetermeer, March 27, 2021

This TOS is translated by Google from the Dutch verion. In legally disputable cases, the Dutch version is leading. Follow this link to read the original Dutch version.