These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the ostodate.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and CowGoMoo Web Solutions Ltd. (doing business as “OstoDate”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and OstoDate, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. CowGoMoo Web Solutions Ltd. Registered Offices: 203 West Street, Fareham, Hampshire. PO16 0EN.
1. Other Applicable Terms
There are other terms and policies that may be applicable to you. Please carefully read the following terms, policies and disclaimers as they make up a part of this legal agreement.
(a) Privacy Policy - This policy is a document that discloses some or all of the ways our website or product gathers, uses, discloses, and manages a customer or client's data. It fulfills a legal requirement.
(b) Acceptable User Agreement - These rules define what may or may not be done with the assets and data within our website, network, or service. It is to protect our company and website against abuse and overuse of the resources.
(c) Refund Policy - This policy outlines customer rights, the requirements and steps our customers need to take in order to receive a refund and if you are eligible for a refund.
(d) Cookie Policy - This policy outlines the types of cookies and other tracking technologies used on our website and what they do. We are required by EU law to state this and is also known as GDPR.
(e) Disclaimer - The main purpose of our disclaimer is to make sure the information on our website will not be improperly relied upon and that there are no misunderstandings.
(f) DMCA Policy - A DMCA policy protects us from copyright infringements. It addresses our rights and obligations of copyrighted material owners who believe their rights have been infringed
(g) Content Standards - This policy outlines what is and is not permitted on content posted by our members and users of our site. It is there to maintain a good standard of our service
(h) Image Standards - This policy here implemented to set out rules of what is acceptable and what is not in terms of image uploads and to keep our site free of any pornographic images.
2. Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. By creating an account at the Website you will become a standard member with no charge but to access certain areas, privileges and features, you will require a paid (subscription) VIP Membership. We reserve the right at times to give premium membership at our sole discretion to members without payment as part of a special circumstance, promotional or trial membership. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
3. User content
We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse, edit or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
The opinions and views expressed on the website and in private messages are those of the authors and do not necessarily reflect the opinions, official policy or position of OstoDate.
All user content is owned by the respective user and must be assumed to be copyrighted. You may be subject to legal ramifications if you copy or use any content uploaded or posted by users of this site.
Please Note: To help protect from abuse, we reserve the right to superimpose our logo and name (OstoDate) on your images.
4. Adult content
Please be aware that there may be certain adult or mature content available on the Website which you may find offensive or vulgar. This site is for this reason to be in all intent and purposes considered an "Adult Site". While we do not permit frontal below waist nudity images, we do not guarantee that such images does not exists on our Website and that they may present themselves form time to time. When we find images that violate our Acceptable User Policy, Content Standards and Image Standards, we will delete them instantly and take necessary action where warranted. We have a designated adult chatroom where mature, adult talk maybe expressed in open forum.
5. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree that you are responsible for and agree to reimburse us for all reversals, claims, chargebacks, penalties, bank charges, fines, fines, fees and other liabilities incurred by us (including costs and related expenses) that were caused by or arising out of payments that was authorised and accepted by You.
6. Subscription
In order to prevent any interruptions of our VIP Service to our members, we offer a recurring subscription service billed at the respective duration. Currently we have the following subscription plans.
Recurring:
6 Month Subscription = £40
3 Month Subscription = £30
1 Month Subscription = £20
One Time:
12 Month Subscription = £50
Please Note: If you have an active subscription that has automatic re-billing enabled, this must be cancelled by yourself. This can easily be done by visiting the CCBill website. Cancelling your account or deleting your profile from the Service will not automatically cancel your automatic re-billing.
*Lifetime membership (if offered) means until the cessation of the Service and not the lifetime of the user. This service is currently only available via bank transfer.
7. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order or subscribed). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. There may occasionally be profiles found on our Site from Scammers or "con artists" who have questionable intentions. Whilst we have advanced technology and systems in place to help prevent this and also to help us identify such profiles, there may be an occasion when such individuals bypass our prevention measures and are able to contact other members.
8. Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against OstoDate with respect to such other services. OstoDate is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting OstoDate to disclose your data as necessary to facilitate the use or enablement of such other service.
9. Backups
We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
10. Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
11. Advertisements
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
You understand that using the classifieds (also known as Marketplace) section is done so at your own risk whether buying or selling. We are not responsible, nor do we guarantee any product or service sold on the classified section and all or any transactions agreed are between the parties involved and not the Service, or any of its affiliates. We reserve the right not to get involved in any disputes and also inform you that you may have to give an address when sending/receiving anything you purchase. Please do so with great caution. It is highly recommended that you use a private mailbox from your local post office or similar secure service.
12. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
(k) Copying and/or using/reproducing other users content without their explicit written consent.
We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses without notice.
13. Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by OstoDate or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with OstoDate. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of OstoDate or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of OstoDate or third party trademarks.
14. Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You agree and understand that we may make changes to the Service or update our website layout, functionality and features to reflect changes to our Services, products, our user’s needs and our business priorities.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
While we take various security precautions, this is in no means a guarantee that the service is secure and safe and it must be assumed as such. You accept We are not responsible for any damage or loss by the use of our Website or Service.
Where privacy options are offered on our Site, we cannot guarantee that these privacy features will not malfunction, break or will work consistently. We urge users to exercise caution and to not disclose any identifiable information on images, profiles or any other publicly accessible areas of the Site. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
We make no warranty that you will find romance, friendship or any other relationship throught the use of this Service. We do not guarantee that you will meet anyone on the Service or in a real life situation. Should a dispute arise between You and another member, you accept we do not get involved in disputes between users.
15. Limitation of liability
To the fullest extent permitted by applicable law, in no event will OstoDate, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of OstoDate and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to OstoDate for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
16. Indemnification
You agree to indemnify and hold OstoDate and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
17. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
18. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
19. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
20. Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send an internal notification to notify you once you are logged in. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
21. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
22. Customer Service
Our customer care representatives provide general assistance with the use of the Service and Site. Whenever you are communicating with our customer care representatives, you may not to be abusive or otherwise behave inappropriately. We reserve the right to immediately terminate your account if in our opinion your behavior towards any of our customer care representatives or any other employee is at any time threatening, offensive or inappropriate and you will not be entitled to any refund of any unused subscription fees.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on 16th, Sept 2022