By posting content in public areas on UberDate, you agree to abide by these guidelines and all other UberDate policies. We reserve the right to remove any content, in whole or part, that violates these guidelines or our Terms of Service, or for any other reason at our sole discretion.
In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.
You can flag or contact us about posts that appear to violate these content guidelines.
We don't allow:
In addition to the above, the following guidelines apply to specific types of content on UberDate:
Last Updated: December 19, 2016
In General. We may collect Personal Information, including Sensitive Data, and other information. "Personal Information" means individually identifiable information that would allow us to determine the actual identity of, and contact, a specific living person. Sensitive Data includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your ethnic origin, nationality, religion and/or sexual orientation. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws. We may also collect your geolocation information with your consent. We may collect this information through a website, mobile application or other online service. When you provide personal information, the information may be sent to servers located in the United States and other countries around the world.
In General. We may use information that we collect about you to:
Financial information. We may use financial information or payment method to process payment for any purchases, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
Job applicants. If your personal information is submitted when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information, which may include your name and contact information, prior education and experience, and other information you provided to us, may be shared with other UberDate Group companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
Please review Your choices about collection and use of your information below.
In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our website, mobile applications or other online services from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Aggregated and/or non-personal information. We may share non-personal information we collect under any of the above circumstances. We may also share it with UberDate Group companies and third parties to develop and deliver targeted advertising on our site and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis, advertising, marketing or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. We may also share your geolocation information in de-identified form with UberDate Group companies and third parties for the above purposes. To opt out of the sharing of your geolocation information, please visit the 'Account Settings' page for your account.
If you would like to opt-out of third-party mobile application ad tracking and analytics, please visit here.
If you have an online account with us, you have the ability to review and update your personal information online by logging into your account and clicking on your account settings.
Applicable privacy laws may allow you the right to access and/or request the correction of errors or omissions in your personal information that is in our custody or under our control. Our Privacy Officer will assist you with the access request. This includes:
We will respond to requests within the time allowed by all applicable privacy laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization to which it was disclosed. In certain exceptional circumstances, we may not be able to provide access to certain personal information we hold. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at https://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
You agree that we may communicate with you electronically regarding security, privacy, and administrative issues, such as security breaches. We may post a notice on our Service if a security breach occurs. We may also send an email to you at the email address you have provided. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at email@example.com.
Although our website is a general audience site, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect personal information from children under the age of 13.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including sensitive data, by UberDate.com from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
How to contact us
Privacy Officer P. O. Box 25458 Dallas, Texas 75225 firstname.lastname@example.org
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. Cookies on our website do not link to or store your personal information.
For example, when you sign in to our website, we will record your user or member ID and the name associated with your user or member ID in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
Opting-Out of Advertising Cookies
You may opt out of our data collection for use by third party ad companies to provide targeted UberDate.com advertising to you when you visit other sites. Cookies are unique to each computer. Therefore, you must opt out separately on all computers you use. If you delete all of your cookies (specifically, the "Opt-Out" cookie), you will have to go through the opt-out process again to reactivate your opted-out status. You can opt out of receiving such advertising-related cookies by clicking below.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. Third parties may use anonymous information about your visits to our site and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you.
Last Updated: January 10, 2018
Thank you for using UberDate!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and UberDate (as defined below) governing your access to and use of the UberDate website, including any subdomains thereof, and any other websites through which UberDate makes the UberDate Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "UberDate Services"). The Site, Application and UberDate Services together are hereinafter collectively referred to as the "UberDate Platform". Our Event Guarantee Terms, Client/Guest Refund Policy, Nondiscrimination Policy and other
When these Terms mention "UberDate," "we," "us," or "our," it refers to the UberDate company you are contracting with.
If you change your place of residence, the UberDate company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.
Any and all payment processing services through or in connection with your use of the UberDate Platform ("Payment Services") are provided to you by one or more UberDate Payments entities (individually and collectively, as appropriate, "UberDate Payments") as set out in the Payments Terms of Service ("Payments Terms").
ubDate/Event alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and ubDate/Event Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain ubDate/Event Services. In many cities, ubDate/Event may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. ubDate/Event are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any ubDate/Event Services they offer. Certain types of ubDate/Event Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and ubDate/Event Service(s) on UberDate, you should always seek legal guidance.
Table of Contents
1. Scope of UberDate Services
1.1 The UberDate Platform is an online marketplace that enables registered users ("Members") and certain third parties who offer services (Members and third parties who offer services are "ubDate/Event" and the services they offer are "ubDate/Event Services") to publish such ubDate/Event Services on the UberDate Platform ("Listings") and to communicate and transact directly with Members that are seeking to book such ubDate/Event Services (Members using ubDate/Event Services are "Client/Guests"). ubDate/Event Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories ("Experiences"), access to unique events and locations ("Events"), and a variety of other travel and non-travel related services.
1.2 As the provider of the UberDate Platform, UberDate does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or ubDate/Event Services. ubDate/Event alone are responsible for their Listings and ubDate/Event Services. When Members make or accept a booking, they are entering into a contract directly with each other. UberDate is not and does not become a party to or other participant in any contractual relationship between Members, nor is UberDate a real estate broker or insurer. UberDate is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, UberDate has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or ubDate/Event Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. UberDate does not endorse any Member, Listing or ubDate/Event Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by UberDate about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Event or use other ubDate/Event Services, accept a booking request from a Client/Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by UberDate of any ubDate/Event or Listing.
1.4 If you choose to use the UberDate Platform as an ubDate/Event or Co-ubDate/Event (as defined below), your relationship with UberDate is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of UberDate for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of UberDate.
1.5 To promote the UberDate Platform and to increase the exposure of Listings to potential Client/Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. UberDate cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The UberDate Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The UberDate Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. UberDate is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by UberDate of such Third-Party Services.
1.7 Due to the nature of the Internet, UberDate cannot guarantee the continuous and uninterrupted availability and accessibility of the UberDate Platform. UberDate may restrict the availability of the UberDate Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the UberDate Platform. UberDate may improve, enhance and modify the UberDate Platform and introduce new UberDate Services from time to time.
2. Eligibility, Using the UberDate Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the UberDate Platform or register an UberDate Account. By accessing or using the UberDate Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your ubDate/Event Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 UberDate may make the access to and use of the UberDate Platform, or certain areas or features of the UberDate Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the UberDate Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the UberDate Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement. Some areas of the UberDate Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
UberDate reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the UberDate Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the UberDate Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("UberDate Account") to access and use certain features of the UberDate Platform, such as publishing or booking a Listing. If you are registering an UberDate Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an UberDate Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your UberDate Account and your SNS Account at any time, by accessing the "Settings" section of the UberDate Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your UberDate Account and public UberDate Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) UberDate Account unless UberDate authorizes you to do so. You may not assign or otherwise transfer your UberDate Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your UberDate Account credentials and may not disclose your credentials to any third party. You must immediately notify UberDate if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your UberDate Account. You are liable for any and all activities conducted through your UberDate Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 UberDate may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the UberDate Platform ("Member Content"); and (ii) access and view Member Content and any content that UberDate itself makes available on or through the UberDate Platform, including proprietary UberDate content and any content licensed or authorized for use by or through UberDate from a third party ("UberDate Content" and together with Member Content, "Collective Content").
5.2 The UberDate Platform, UberDate Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the UberDate Platform and UberDate Content, including all associated intellectual property rights, are the exclusive property of UberDate and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the UberDate Platform, UberDate Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of UberDate used on or in connection with the UberDate Platform and UberDate Content are trademarks or registered trademarks of UberDate in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the UberDate Platform, UberDate Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the UberDate Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by UberDate or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, UberDate grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the UberDate Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the UberDate Platform, you grant to UberDate a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the UberDate Platform, in any media or platform. Unless you provide specific consent, UberDate does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 UberDate may offer ubDate/Event the option of having professional photographers take photographs of their ubDate/Event Services, which are made available by the photographer to ubDate/Event to include in their Listings with or without a watermark or tag bearing the words "UberDate.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your ubDate/Event Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the UberDate Platform if they no longer accurately represent your Listing, if you stop hosting the ubDate/Event Service featured, or if your UberDate Account is terminated or suspended for any reason. You acknowledge and agree that UberDate shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where UberDate is not the exclusive owner of Verified Images, by using such Verified Images on or through the UberDate Platform, you grant to UberDate an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. UberDate in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the UberDate Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the UberDate Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the UberDate Platform or you have all rights, licenses, consents and releases that are necessary to grant to UberDate the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or UberDate's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates UberDate's Content Policy or any other UberDate policy. UberDate may, without prior notice, remove or disable access to any Member Content that UberDate finds to be in violation of these Terms or UberDate's then-current olicies or Standards, or otherwise may be harmful or objectionable to UberDate, its Members, third parties, or property.
5.9 UberDate respects copyright law and expects its Members to do the same. If you believe that any content on the UberDate Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 UberDate may charge fees to ubDate/Event ("ubDate/Event Fees") and/or Client/Guests ("Client/Guest Fees") (collectively, "Service Fees") in consideration for the use of the UberDate Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an ubDate/Event or Client/Guest prior to publishing or booking a Listing. UberDate reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to UberDate. The applicable Service Fees are due and payable and collected by UberDate Payments pursuant to the Payments Terms. Except as otherwise provided on the UberDate Platform, Service Fees are non-refundable.
7. Terms specific for ubDate/Event
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the UberDate Platform you must (i) provide complete and accurate information about your ubDate/Event Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by UberDate. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing ("Listing Fee"). Once a Client/Guest requests a booking of your Listing, you may not request that the Client/Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your ubDate/Event Services. UberDate reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the UberDate Platform may vary and depend on a variety of factors, such as Client/Guest search parameters and preferences, ubDate/Event requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of ubDate/Event Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Client/Guest, you are entering into a legally binding agreement with the Client/Guest and are required to provide your ubDate/Event Service(s) to the Client/Guest as described in your Listing when the booking request is made. You also agree to pay the applicable ubDate/Event Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 UberDate recommends that ubDate/Event obtain appropriate insurance for their ubDate/Event Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Client/Guests (and the individuals the Client/Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other ubDate/Event Service.
7.2 Listing Accommodations
7.2.1 You may only list one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). ubDate/Event are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the UberDate Platform. UberDate will use commercially reasonable efforts to address ubDate/Event' requests and claims related to Security Deposits, but UberDate is not responsible for administering or accepting any claims by ubDate/Event related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Client/Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an ubDate/Event, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Client/Guest (and the individuals the Client/Guest invites to the Accommodation, if applicable).
7.3 Listing Experiences, Events and other ubDate/Event Services
7.3.1 To list an Experience, Event or other ubDate/Event Service, you must create a Listing and submit the Experience, Event or ubDate/Event Service to UberDate. To be considered for publishing on the UberDate Platform, Experiences, Events or other ubDate/Event Services must at all times meet the quality standards for Experiences and meet Client/Guest demand. UberDate reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other ubDate/Event Service will be published on the UberDate Platform.
7.3.2 When listing an Experience, Event or other ubDate/Event Service you must, where applicable, fully educate and inform Client/Guests about (i) any risks inherent to the Experience, Event or other ubDate/Event Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other ubDate/Event Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.3 If you wish to list an Experience on behalf of a Nonprofit ("Social Impact Experience"), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with UberDate and UberDate is not a professional fundraiser or commercial participator. Nonprofits, and not UberDate, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Client/Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other ubDate/Event Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other ubDate/Event Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible ubDate/Eventing.
7.3.5 You must provide an Experience, Event or other ubDate/Event Service in person and may not allow any third party to provide the Experience, Event or other ubDate/Event Service on your behalf, unless authorized by UberDate.
7.4.1 UberDate may enable ubDate/Event to authorize other Members ("Co-ubDate/Event") to administer the ubDate/Event's Listing(s), and to bind the ubDate/Event and take certain actions in relation to the Listing(s) as permitted by the ubDate/Event, such as accepting booking requests, messaging and welcoming Client/Guests, and updating the Listing Fee and calendar availability (collectively, "Co-ubDate/Event Services"). Any agreement formed between ubDate/Event and Co-ubDate/Event may not conflict with these Terms and the Payments Terms. Co-ubDate/Event may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by UberDate. UberDate reserves the right, in our sole discretion, to limit the number of Co-ubDate/Event an ubDate/Event may invite for each Listing and to limit the number of Listings a Co-ubDate/Event may manage.
7.4.2 ubDate/Event and Co-ubDate/Event may agree on a fee ("Co-ubDate/Event Services Fee") in consideration for the Co-ubDate/Event Services provided by the Co-ubDate/Event. When such an agreement is made, the ubDate/Event agrees to pay the Co-ubDate/Event Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable ubDate/Event Fee. In addition, ubDate/Event may instruct a Co-ubDate/Event to provide certain one-time services in relation to their Listing. ubDate/Event can pay Co-ubDate/Event for one-time services and any other expenses using the Resolution Center. UberDate Payments will process Co-ubDate/Event Services Fees and Resolution Center payments pursuant to the Payments Terms.
7.4.3 ubDate/Event and Co-ubDate/Event agree that each activity, booking, or other transaction reported on the UberDate Platform, including any Co-ubDate/Event Services provided by the Co-ubDate/Event and any amounts due from an ubDate/Event to the Co-ubDate/Event for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and UberDate (by emailing).
7.4.4 ubDate/Event should exercise due diligence and care when deciding who to add as a Co-ubDate/Event to their Listing(s). ubDate/Event remain solely responsible and liable for any and all Listings and Member Content published on the UberDate Platform, including any Listing created by a Co-ubDate/Event on their behalf. Further, ubDate/Event remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-ubDate/Event(s). Co-ubDate/Event remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-ubDate/Event, including, but not limited to, conduct that causes harm or damage to the ubDate/Event. In addition, both ubDate/Event and Co-ubDate/Event are jointly responsible and severally liable for third party claims, including Client/Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Client/Guests, and the provision of any Co-ubDate/Event Services.
7.4.5 Unless agreed otherwise by ubDate/Event and Co-ubDate/Event, ubDate/Event and Co-ubDate/Event may terminate the Co-ubDate/Event agreement at any time. In addition, both ubDate/Event and Co-ubDate/Event acknowledge that their Co-hosting relationship will terminate in the event that UberDate (i) terminates the Co-ubDate/Event service or (ii) terminates either party's participation in the Co-ubDate/Event service. When the Co-ubDate/Event agreement is terminated, the ubDate/Event will remain responsible for all of the Co-ubDate/Event's actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-ubDate/Event, that Member will no longer have access to any ubDate/Event or Client/Guest information related to the applicable ubDate/Event's Listing(s). In addition, ubDate/Event agrees to pay Co-ubDate/Event for all Co-ubDate/Event Services completed prior to Co-ubDate/Event's termination within 14 days of Co-ubDate/Event's termination via the Resolution Center. A Co-ubDate/Event will not be entitled to any fees for any Co-ubDate/Event Services that have not been completed prior to the Co-ubDate/Event's termination.
7.4.6 As a Co-ubDate/Event, you will not be reviewed by Client/Guests, meaning that your Co-ubDate/Event activities will not affect your Reviews or Ratings for other Listings for which you are an ubDate/Event. Instead, the ubDate/Event of such Listing(s) will be reviewed by Client/Guests (including potentially on the basis of the Co-ubDate/Event's conduct and performance). ubDate/Event acknowledge that Reviews and Ratings from Client/Guests for their Listing(s) may be impacted by a Co-ubDate/Event's conduct and performance.
8. Terms specific for Client/Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the ubDate/Event, you can book a Listing available on the UberDate Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Client/Guest Fee and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your UberDate Account.
8.1.2 Upon receipt of a booking confirmation from UberDate, a legally binding agreement is formed between you and your ubDate/Event, subject to any additional terms and conditions of the ubDate/Event that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. UberDate Payments will collect the Total Fees at the time of the booking request or upon the ubDate/Event's confirmation pursuant to the Payments Terms.
8.1.3 If you book an ubDate/Event Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the ubDate/Event, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the ubDate/Event. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other ubDate/Event Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation ("Accommodation Booking") is a limited license granted to you by the ubDate/Event to enter, occupy and use the Accommodation for the duration of your stay, during which time the ubDate/Event (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the ubDate/Event.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the ubDate/Event specifies in the Listing or such other time as mutually agreed upon between you and the ubDate/Event. If you stay past the agreed upon checkout time without the ubDate/Event's consent ("Overstay"), you no longer have a license to stay in the Accommodation and the ubDate/Event is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the ubDate/Event, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the ubDate/Event, plus all applicable Client/Guest Fees, Taxes, and any legal expenses incurred by the ubDate/Event to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the ubDate/Event as a result of such Overstay. UberDate Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by an ubDate/Event, may be applied to any Overstay Fees due for a Client/Guest's Overstay.
8.3 Booking Experiences, Events and other ubDate/Event Services
8.3.1 You should carefully review the description of any Experience, Event or other ubDate/Event Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the ubDate/Event has specified in their Listing. You are required to inform the ubDate/Event of any medical or physical conditions, or other circumstances that may impact your and any additional guest's ability to safely participate in any Experience, Event or other ubDate/Event Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other ubDate/Event Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other ubDate/Event Service.
8.3.2 Before and during an Experience, Event or other ubDate/Event Service you must at all times adhere to the ubDate/Event' instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other ubDate/Event Service unless such an individual was added by you as an additional guest during the booking process on the UberDate Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 ubDate/Event and Client/Guests are responsible for any modifications to a booking that they make via the UberDate Platform or direct UberDate customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, ubDate/Event Fees or Client/Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Client/Guests can cancel a confirmed booking at any time subject to the Listing's cancellation policy, and UberDate Payments will provide any refund to the Client/Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the ubDate/Event under the applicable cancellation policy will be remitted to the ubDate/Event by UberDate Payments pursuant to the Payments Terms.
9.3 If an ubDate/Event cancels a confirmed booking, the Client/Guest will receive a full refund of the Total Fees for such booking and UberDate may publish an automated review on the Listing cancelled by the ubDate/Event indicating that a booking was cancelled. In addition, UberDate may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the ubDate/Event has a valid reason for cancelling the booking pursuant to UberDate's Extenuating Circumstances Policy or has legitimate concerns about the Client/Guest's behavior.
9.4 For Experiences, Events and other ubDate/Event Services, if inclement weather creates an unsafe or uncomfortable scenario for Client/Guests, ubDate/Event may modify or cancel an ubDate/Event Service. If there is a substantial change in the itinerary or the ubDate/Event Service needs to be cancelled, UberDate will work with the ubDate/Event to provide Client/Guests an alternative date for the ubDate/Event Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, UberDate may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in UberDate's Extenuating Circumstances Policy or (i) where UberDate believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to UberDate, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Client/Guest suffers a Travel Issue pursuant to the Client/Guest Refund Policy, UberDate may determine, in its sole discretion, to refund the Client/Guest part or all of the Total Fees in accordance with the Client/Guest Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional ubDate/Event Services, Co-ubDate/Event Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your UberDate Account, and UberDate Payments will handle all such payments pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Client/Guests and ubDate/Event can leave a public review ("Review") and submit a star rating ("Rating") about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of UberDate. Ratings and Reviews are not verified by UberDate for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Client/Guests and ubDate/Event must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with UberDate's Content Policy and and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11. Damage to Accommodations, Disputes between Members
11.1 As a Client/Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the ubDate/Event (and the individuals the ubDate/Event invites to the Accommodation, if applicable).
11.2 If an ubDate/Event claims and provides evidence that you as a Client/Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the ubDate/Event can seek payment from you through the Resolution Center. If an ubDate/Event escalates a Damage Claim to UberDate, you will be given an opportunity to respond. If you agree to pay the ubDate/Event, or UberDate determines in its sole discretion that you are responsible for the Damage Claim, UberDate Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. UberDate also reserves the right to otherwise collect payment from you and pursue any remedies available to UberDate in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by ubDate/Event under the UberDate ubDate/Event Guarantee.
11.3 Members agree to cooperate with and assist UberDate in good faith, and to provide UberDate with such information and take such actions as may be reasonably requested by UberDate, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the UberDate ubDate/Event Guarantee), Experiences, or Co-ubDate/Event agreements. A Member shall, upon UberDate's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by UberDate or a third party selected by UberDate or its insurer, with respect to losses for which a Member is requesting payment from UberDate (including but not limited to payments under the UberDate ubDate/Event Guarantee).
11.4 If you are a Client/Guest or a Co-ubDate/Event, you understand and agree that UberDate may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by UberDate under the UberDate ubDate/Event Guarantee). You agree to cooperate with and assist UberDate in good faith, and to provide UberDate with such information as may be reasonably requested by UberDate, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as UberDate may reasonably request to assist UberDate in accomplishing the foregoing.
12. Rounding off, Currency conversion
12.1 UberDate may, in its sole discretion, round up or round down amounts that are payable from or to Client/Guests or ubDate/Event to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, UberDate will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, UberDate may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, UberDate may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The UberDate Platform facilitates bookings between Client/Guests and ubDate/Event who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the UberDate Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13.1 As an ubDate/Event you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from ubDate/Event, or to withhold Taxes from payouts to ubDate/Event, or both. If an ubDate/Event fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Client/Guests or ubDate/Event on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by ubDate/Event, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
13.4 In certain jurisdictions, UberDate may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Client/Guests or ubDate/Event, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts UberDate or ubDate/Event have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize UberDate (via UberDate Payments) to collect Occupancy Taxes from Client/Guests on the ubDate/Event's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by UberDate will be visible to and separately stated to both Client/Guests and ubDate/Event on their respective transaction documents. Where UberDate is facilitating Collection and Remittance, ubDate/Event are not permitted to collect any Occupancy Taxes being collected by UberDate relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to UberDate's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by UberDate in connection with facilitation of Collection and Remittance, if any. Client/Guests and ubDate/Event agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by UberDate from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 UberDate reserves the right, with prior notice to ubDate/Event, to cease the Collection and Remittance in any jurisdiction for any reason at which point ubDate/Event and Client/Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the UberDate Platform. In connection with your use of the UberDate Platform, you will not and will not assist or enable others to:
14.2 You acknowledge that UberDate has no obligation to monitor the access to or use of the UberDate Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the UberDate Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist UberDate in good faith, and to provide UberDate with such information and take such actions as may be reasonably requested by UberDate with respect to any investigation undertaken by UberDate or a representative of UberDate regarding the use or abuse of the UberDate Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to UberDate by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or UberDate terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the UberDate Platform or by sending us an email. If you cancel your UberDate Account as an ubDate/Event, any confirmed booking(s) will be automatically cancelled and your Client/Guests will receive a full refund. If you cancel your UberDate Account as a Client/Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing's cancellation policy.
15.3 Without limiting our rights specified below, UberDate may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 UberDate may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) UberDate believes in good faith that such action is reasonably necessary to protect the personal safety or property of UberDate, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, UberDate may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, ourPolicies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the UberDate Account registration, Listing process or thereafter, (iv) you and/or your Listings or ubDate/Event Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or UberDate otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) UberDate believes in good faith that such action is reasonably necessary to protect the personal safety or property of UberDate, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by UberDate and an opportunity to resolve the issue to UberDate's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Client/Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your UberDate Account or any of your Member Content. If your access to or use of the UberDate Platform has been limited or your UberDate Account has been suspended or this Agreement has been terminated by us, you may not register a new UberDate Account or access and use the UberDate Platform through an UberDate Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the UberDate Platform or Collective Content, you do so voluntarily and at your sole risk. The UberDate Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the UberDate Services, laws, rules, or regulations that may be applicable to your Listings and/or ubDate/Event Services you are receiving and that you are not relying upon any statement of law or fact made by UberDate relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events or other ubDate/Event Services may carry inherent risk, and by participating in those ubDate/Event Services, you choose to assume those risks voluntarily. For example, some ubDate/Event Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those ubDate/Event Services. You assume full responsibility for the choices you make before, during and after your participation in an ubDate/Event Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your ubDate/Event Service and to the maximum extent permitted by law, you agree to release and hold harmless UberDate from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the ubDate/Event Service or in any way related to your ubDate/Event Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the UberDate Platform and Collective Content, your publishing or booking of any Listing via the UberDate Platform, your stay at any Accommodation, participation in any Event or use of any other ubDate/Event Service or any other interaction you have with other Members whether in person or online remains with you. Neither UberDate nor any other party involved in creating, producing, or delivering the UberDate Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the UberDate Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the UberDate Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing's ubDate/Event Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not UberDate has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable ubDate/Event pursuant to these Terms or an approved payment request under the UberDate ubDate/Event Guarantee, in no event will UberDate's aggregate liability arising out of or in connection with these Terms and your use of the UberDate Platform including, but not limited to, from your publishing or booking of any Listings via the UberDate Platform, or from the use of or inability to use the UberDate Platform or Collective Content and in connection with any Accommodation, Experiences, Event or other ubDate/Event Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the UberDate Platform as a Client/Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are an ubDate/Event, the amounts paid by UberDate to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between UberDate and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect UberDate's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, UberDate is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. UberDate is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of UberDate in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of UberDate is excluded.
You agree to release, defend (at UberDate's option), indemnify, and hold UberDate and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the UberDate Platform or any UberDate Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other ubDate/Event Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) UberDate's Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against UberDate in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. UberDate is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with UberDate's customer service team, and (2) a binding arbitration administered by the American Arbitration Association ("AAA") using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and UberDate each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact UberDate's customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and UberDate mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the UberDate Platform, the Services, or the Collective Content (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and UberDate agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and UberDate each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, UberDate agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and UberDate both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney's Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, UberDate agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys' fees and expenses if it prevails in arbitration.
19.9 Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
19.10 Jury Trial Waiver. You and UberDate acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and UberDate acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and UberDate both otherwise agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 ("Modification of these Terms"), if UberDate changes this Section 19 ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of UberDate's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and UberDate in accordance with the provisions of the "Dispute Resolution and Arbitration Agreement" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the UberDate Platform or terminate your UberDate Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the UberDate Platform ("Feedback"). You may submit Feedback by emailing us, through the Contact section of the UberDate Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 If you reside in China these Terms will be interpreted in accordance with the laws of China ("China Laws"). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC's arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which UberDate may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If UberDate wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between UberDate and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between UberDate and you in relation to the access to and use of the UberDate Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and UberDate as a result of this Agreement or your use of the UberDate Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 UberDate's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without UberDate's prior written consent. UberDate may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by UberDate via email, UberDate Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which UberDate transmits the notice.
22.8 If you reside in the EU you can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that UberDate Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 If you have any questions about these Terms please email us.