Terms & Conditions

1. Definitions

• "Company" means TextnDate (K Brance 1173/15, PMB 18, Prague 155 00, Czechia), the operator of the following websites: TextnDate (collectively, the "Site(s)"). First-person pronouns like Us, We, Our, Ours, etc. in this Agreement refer to the Company.
• "User", "You", "Yours" and similar second-person pronouns refer to a person that is using or accessing the Sites, including Users that choose to become Members of the Site.

2. Incorporations by Reference

This Agreement specifically incorporates by reference, which are therefore part and parcel of this Agreement, the following policies: Spam Policy, Privacy Policy

3. Conditions for Usage of the Sites

3.1 Age Requirement

In order to use the Site or any services provided by the Company, You must be at least 18 years of age and have attained the age of majority in Your jurisdiction (which is higher than 18 in some places). You represent and warrant that You meet both requirements.

3.2 Agreement to Terms

Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic execution of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), and similar statutes.

3.3 Revisions to Agreement

We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.

If We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement so that it is immediately obvious that We have updated it. If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms.

3.4 Consideration

Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing or using any portion of any of the Site.

3.5 Consent to Electronic Communications

You agree that the Site may include certain communications such as service announcements or administrative messages, and that these communications are considered part of Your Site or Services and You will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

3.6 Registered Sex Offender Prohibition

You may not access the Sites if You are, or are required to be, a registered sex offender in any jurisdiction. Your continued access indicates Your representation and warranty that You have not been convicted of a felony or any criminal offense characterized as a sexual offense, and, that You are not required to register as a sex offender with any government entity. While We restrict Our Site and Services to those who are not registered sex offenders, You understand and acknowledge that We do not screen Users in any way, including screening for sex offenders.

3.7 Acceptable Use

You agree to use the Sites only for your own personal, lawful purposes and for their intended purposes. You may not authorize or permit others to use Your account.

You may not:

1. Attempt to obtain the personal contact information of another user without their consent;
2. Use vulgar, harassing, obscene, privacy invading, or defamatory language;
3. Do anything to disrupt the operation of the Site, services or network;
4. Attempt to gain unauthorized access of the network to transmit "junk mail" or other electronic commercial messages;
5. Advertise or market any services or products;
6. Post, upload or transmit false, misleading or illegal information or content to the Site, or take any action that violates the rights of third parties;
7. Make false statements or attempt to use financial or other information that You are not authorized to use;
8. Infringe on the intellectual property of this Site or other third parties;
9. Any other unacceptable conduct.

3.8 Prohibited Content

Users shall not engage in any activity or transmit content that depicts or references anything that may:

• Be defamatory, obscene, child pornographic, harassing, illegal, or otherwise objectionable content;
• Promote or facilitate illegal activity—including the prostitution of another person, escort services, or the exchange of sex for money or any other form of consideration—or violate the rights of others;
• Incorporate Prohibited Content including but not limited to: incest content, warez content, scatological content, death images, defecation, genital mutilation, underage teen modeling, actual or simulated rape, sexual violence, obscenity, bestiality, threats of physical harm, programs containing viruses, pirated software, wire fraud, drug trafficking, sex trafficking, and/or violations of international export control laws.

3.9 No Prostitution or Sex Trafficking

The promotion and recruitment of escorts, escort services, personal companions, etc. are contrary to the purposes of this website and will not be tolerated in any fashion. Soliciting for, recruiting, or offering the services of escorts on this website is strictly prohibited. Profiles that are used for the solicitation or promotion of prostitution or escort services in any way will be immediately disabled with no refund.

3.10 Technical Restrictions

You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the content on Our Site. You hereby agree not to use any automatic device or manual process to monitor, "scrape," or reproduce the Site or Materials.

3.11 Safety Recommendations

The Company does not conduct criminal background checks on users. You are solely responsible for Your interactions with other users. The Company recommends that You take reasonable precautions in all communications, meetings, or interactions with other users:

• Anyone who can commit identity theft can also falsify a dating profile.
• There is no substitute for acting with caution when communicating with any stranger who wants to meet You.
• Never include Your last name, email address, home address, phone number, place of work, or any other identifying information in Your Internet profile or initial email messages.
• If You choose to have a face-to-face meeting with another user, always tell someone in Your family or a friend where You are going and when You will return.
• Never agree to be picked up at Your home. Always provide Your own transportation to and from Your date and meet in a public place with many people around.

4. Your Profile and Communications

Your profile (username, photos We have approved, and the details You choose to add) is visible to other members of the Site. Your email address, phone number and payment details are not shown to other members. How We collect and use Your information is described in Our Privacy Policy.

You understand and accept that messages You exchange with other users are not confidential: the recipient may keep, share or act on them, and We may review them to enforce this Agreement and keep the Site safe. You hereby release Us and all other members of the Site from any liability for invasion of privacy, defamation, false light, and related torts arising from what You choose to share with other users.

5. Restrictions On Use Of Our Sites

You agree that You will only use the Site for purposes expressly permitted by this User Agreement and not for any other use, including, without limitation:

• Duplicate any part of Our Sites or the Materials contained therein;
• Create any derivative works based on Our Sites or any of the Materials contained therein;
• Use Our Site or any of the Materials contained therein for any public display, public performance, sale or rental;
• Re-distribute Our Sites or any of the Materials contained therein;
• Remove any copyright or other proprietary notices from Our Sites;
• Frame or utilize any framing techniques in connection with Our Sites;
• Use any meta-tags or any other "hidden text" using Our Sites' name or marks;
• "Deep-link" to any page of Our Sites or avoid agreement to the Site's Terms & Conditions;
• Circumvent any encryption or other security tools used anywhere on the Site;
• Use any data mining, scraping, bots, or similar data gathering and extraction tools on the Site;
• Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials;
• Sell, rent, lease, license, sublicense, transfer, distribute, or assign to any third-party the Materials.

6. Grant of License to User

Subject to this Agreement, the Company grants You a limited, nonexclusive, nontransferable personal license to access and use the Sites.

Users of this Site are granted a single copy license to view Materials. All Materials on the Site shall be for Your personal, non-commercial use only and all other uses are strictly prohibited. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately.

Company reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein.

7. Grant of License to Company

You hereby irrevocably grant to Company a non-exclusive, perpetual, worldwide, irrevocable, and transferable right and license to:

• Reproduce, transmit, communicate, display, or distribute Your submitted photographs, on or as part of Our sites, on other Internet sites, or elsewhere, for promotional or commercial purposes;
• Reproduce Your pictures in digital form for display on the Internet;
• Adapt, modify, or alter Your texts, videos, or photographs, or otherwise create derivative works based thereupon;
• All other reasonable promotional or commercial uses either as part of the operation of Our sites, or as a promotion or operation of any derivative or related businesses.

8. Membership Types and Fees

8.1 Membership Types

• Free Members - are not charged a fee, but have limited membership privileges.
• Basic, Premium and Ultimate Memberships - These Members have additional membership privileges, as described on the Subscriptions page, and are billed the then-current rate every 30 days (currently $9.99 for Basic, $29.99 for Premium and $49.99 for Ultimate) until they cancel.

8.2 Tokens

Sending mail messages and instant (chat) messages uses tokens ("Tokens"): currently 40 Tokens per mail message and 40 Tokens per instant message. Members receive a number of free Tokens for each day they use the Site, depending on their membership, and may purchase additional Tokens.

Important Token Terms:

• Tokens have no cash value and are for entertainment purposes only.
• Tokens cannot be sold or transferred to other members.
• Tokens are not eligible for any full or partial refunds.
• You may purchase Tokens in packages with varying amounts and prices displayed on the Sites.
• We reserve the right to change the number of Tokens an action uses, and to limit, permanently discontinue, or temporarily disable the purchase or use of Tokens.

8.3 Automatic Renewals

8.4 Membership Obligations and Restrictions

• Membership fees and Tokens are non-refundable, except as required by law (see "Special State Terms" below).
• In the event of an unsuccessful recurring payment, an administrative fee of up to $4.00 may be applied.
• All information You provide during signup shall be correct, current, truthful, and complete.
• You may never sell, transfer or sell your membership or Tokens to a third-party.
• You are responsible for any credit card charge backs, dishonored checks, and any related fees.

8.5 Cancellation and Billing Information

You may cancel Your membership at any time on the Subscriptions page, or by contacting Our billing support at (888) 852-1910. When You cancel, You will not be charged again, and Your membership continues until the end of the period You have paid for. Closing Your account also cancels Your membership.

Charges appear on Your card statement under the billing descriptor shown when You purchase, which is also listed on the Subscriptions page.

8.6 Username & Password

As part of the registration process, You will be issued or choose a unique User name and password. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else. Your membership, the ID and password are all nontransferable and non-assignable. You are solely responsible for maintaining the confidentiality of Your User name and password.

9. For Amusement Purposes Only

The Sites are for the personal, non-commercial use of Users.

You understand and accept that Our site, while built in the form of a personals service, is an entertainment service. All profiles and communications are provided for the amusement and entertainment of Our members and Our users. You are not guaranteed that You will find a date, a companion, or an activity partner, or that You will meet any of Our members in person.

Our Online Cupids® service is part of Our efforts to:

1. Monitor the use of Our services and to enforce Our policies;
2. Educate users regarding the Site's various features, options and communication tools;
3. Stimulate conversation with users;
4. Encourage further and broader participation in all of our Site's services.

Messages sent from Our Online Cupids® service may be automatically generated with no human involvement, and Online Cupids® messages and/or correspondence may be generated by third-parties hired or contracted by Us.

You understand, acknowledge, and agree that the information, text, and pictures contained in the Online Cupids® service profiles do not pertain to any actual person, but are included for entertainment and educational purposes only. Life events, experiences, interests, and geographic locations are fictitious. Nothing contained in any Online Cupids® service profile or message is intended to describe or resemble any real person - living or dead.

You understand, acknowledge, and agree that no physical meeting will ever take place between You and the individuals providing Our Online Cupids® service, and that the exchange of messages between You and the Online Cupids® profile is for entertainment purposes.

Section 230 Notice

You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research online safety filters by typing "internet filters" or "parental controls" into an Internet search engine. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. §230(c)(1), We operate as the provider of an interactive computer service and are immune from claims arising from the publication of third-party content.

10. Third Party Links

Links to external websites or inclusions of advertisements do not constitute an endorsement by the Company of such websites or the content, products, advertising, or other materials presented on such Site, but are for user's convenience.

Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Site's User Agreement, Spam Policy or Privacy Policy.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services.

11. Billing

Past Due Payments

If You fail to pay your account in full within thirty (30) days of the invoice date, You agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, plus any additional collection costs, credits, charge backs and attorney's fees.

Billing Errors

If You believe that You have been erroneously billed, please notify Us immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.

12. Special Considerations Regarding Minors

WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.

• We take great measures to ensure that no underage models appear in any of Our materials.
• All Users shall report any images, real or simulated, that appear to depict minors on Our Site by emailing Us at .
• We enthusiastically cooperate with any law-enforcement agency investigating child pornography.

We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age. Users must utilize their own efforts to confirm age before relying on any User's age representation to the Site.

13. Disclosures Regarding Images and Content on Sites

Our Site(s) contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information (collectively, "Materials").

You acknowledge and understand that some or all of the Materials may be erotic in nature - and that they may contain graphic visual depictions of sexual activity and nudity. You acknowledge that You are aware of the nature of the Materials provided by the Company and that you are not offended by such Materials, and that you access the Site freely, voluntarily, and willingly, and for your own personal enjoyment.

14. Limitation of Liability

For any matter arising out of or relating to this Agreement, Company (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) shall not be liable to You, or any other third-party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Site or any of the materials contained therein.

Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

15. Warranty Disclaimer

The Site and all materials contained therein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OR SCREEN THE PERSONS ACCESSING THE SERVICES. COMPANY IS NOT RESPONSIBLE AND DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE CONDUCT OF ANY USER, REGARDLESS OF WHETHER THAT CONDUCT OCCURS ONLINE OR OFFLINE.

Company makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site.

WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM:

• The actions Yourself or of any third party;
• The unavailability of the Services or any loss of data;
• Your use of the Services or the Content;
• Any User Submissions, User Files, Content, or Posts;
• Your use of any equipment or software in connection with the Services;
• Your use of any third-party services accessed through links on the Services.

16. Indemnification

You agree to indemnify, defend and hold harmless, the Company and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to Your use of the Site and/or Services, and any material that You submit to or transmit through the Site, Your violation of this Agreement, or Your infringement or violation of the rights of another.

We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

17. Copyright Information

All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Company or its content suppliers and is protected by United States and international copyright laws. We retain all right, title, and interest in the Materials.

18. Export Control

You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties.

You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

19. DMCA Complaint Requirements

We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.

Our DMCA Notice and Takedown Policy is available here.

20. Reporting Abuse and Illegal Content

The use of any non-consensual content or content that violates the acceptable guidelines for content defined by the card association is strictly prohibited. Such content may include revenge porn, sexually based abuse, non-consensual porn, etc.

If you have first-hand knowledge of illegal content, or have fallen victim to non-consensual pornography, please contact us immediately. Reporting users or content will remain completely confidential. To initiate the content review process, please include all relevant URL links where the content was viewed, as well as any other information you feel would aid our process. All content removal requests submitted are reviewed, addressed, and removed as fast as possible.

21. No Agency Relationship

Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

22. Notice

Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne.

Notices shall be deemed effective upon delivery, except that notices delivered by overnight carrier shall be deemed delivered on the business day following mailing and notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing.

23. Force Majeure

The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; criminal acts of employees or contractors, hacking, data breach, SPAM, or any failure of a computer, server or software.

24. Jurisdiction/Disputes

Governing Law

This User Agreement and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of California, excluding its conflict of law provisions, and venue shall be in the state or federal courts located in San Joaquin County, California. The parties hereby consent to the personal jurisdiction of such courts.

Right to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

25. General Provisions

NO WAIVER. No waiver or action made by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.

HEADINGS. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and Your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.

ATTORNEY'S FEES. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.

ASSIGNMENT. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

SEVERABILITY. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.

California Consumer Rights

Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Special State Terms

The following provisions are added to these terms for subscribers living in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

You, the buyer, may cancel this agreement, without penalty or obligation, at any time before midnight of the third business day after the original date of this contract, excluding Sundays and holidays. To cancel this agreement, email a signed and dated notice which states that You, the buyer, are cancelling this agreement, or words of similar effect. This notice must be sent to , with the subject "Three-Day Cancellation." Please include Your username and email address in any correspondence or Your refund may be delayed. If You cancel, We will return, within ten (10) days of the date on which You give notice of cancellation, any payments You have made.

If You die before the end of your subscription period, Your estate will be entitled to a refund of that portion of any payment You made for Your subscription that is allocable to the period after Your death. If You become disabled before the end of Your subscription period, You will be entitled to a refund of that portion of any payment You made for Your subscription that is allocable to the period after Your disability.

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Any and all questions regarding these Terms and Conditions should be submitted to Customer Service.