Terms and Conditions

These Terms and Conditions of Service were last updated on the following date: [14th of February 2010]

This document relates to the following domains owned and operated by Where Are You Now? Ltd:

• wayndating.com
• wayndating.net
• wayndating.org
• wayndating.co.uk
• wayndating.eu

1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of Where Are You Now Limited, a company registered in England under registration no. 04544830 ("Where Are You Now", "WAYN", "we" or "us"), in relation to this site and the services offered by WAYN through it (the "WAYN Dating Service"). You must take the time to read and understand it. By registering to the WAYN Dating Service you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the WAYN Dating Service who do not register to become a Member similarly affirm that they are bound by this Agreement each time they access the WAYN Dating Service. You should be aware that this Agreement may change from time to time in accordance with Clause 24 below. Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages to this email address. If you change email address, then you must inform us of the new address via the "Settings" page.

2. Types of membership

People who register for the WAYN Dating Service become "Members". They must be at least 16 years of age. The Membership divides between those who have paid fees for the Upgraded Membership (which we call "Upgraded Members"), and those who do not ("Standard Members").

Standard Members may:

• Post their name and some other details in the contacts page, profiles page and other editable pages on the WAYN Dating Service; This information will be visible to Members who make a search which fits with criteria contained in your profile.
• Upload photographs of themselves to their profile (which may be cropped or adapted appropriately). Photographs must not be pornographic, offensive or be detrimental to the reputation of the WAYN Dating Service in any way and we reserve the right to remove any photographs that we consider inappropriate
• Choose a username they would like to be known by on WAYN Dating Service
• Receive messages from other WAYN Dating Members which will be kept in their WAYN Dating mailbox and an email alert will be triggered to the email address contained in your Settings (unless otherwise directed)
• Receive email communication from the WAYN Dating Service, as outlined in the Privacy Policy and regulated by Members in Settings, allowing for the WAYN Dating Service to be delivered optimally.
• Navigate all parts of the WAYN Dating Service, but excluding the parts that are reserved for Upgraded Members
• Access the "Who's viewed your profile" pages
• Access advanced searching tools

Upgraded Members
By paying our Upgraded Membership fee, you are agreeing to take the Upgraded Membership we make available to you promptly upon receipt of that fee. As a result, you will not have the right to cancel this Agreement, or to receive any refund of that fee, during any cooling-off period under the United Kingdom's Consumer Protection (Distance Selling) Regulations 2000.

• The Upgraded Membership fee will be communicated to you when you sign up for Upgraded Membership.
• We will notify subscribers of Upgraded Memberships that have Automatic Upgraded Membership Renewal switched on 14 days before renewal, and (if the Upgraded Membership fee is going to increase) 21 days before, as well. Each notification will include the renewal date and the Upgraded Membership fee that will apply on renewal. If you do not wish to proceed with Automatic Renewal of your Upgraded Membership you will be able to prevent this by switching the Automatic Renewal Feature off, with "Settings" - provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us.
• Please note that your Upgraded Membership Automatic Renewal may lapse due to our inability to take payment using your selected payment method. In that event, you will need to arrange to make payment in order to renew your Upgraded Membership.
• Please note that we reserve the right to change the amount of the fee for Upgraded Membership, the covering period and the services included from time to time. However, for Members already holding the Upgraded Membership these changes will not take effect until their next renewal date, unless it has been agreed the that Upgraded Member.

In addition to the facilities available to Standard Members, Upgraded Members may:

• Send messages to any other WAYN Dating members and / or contacts whose email addresses they know and have themselves added to the WAYN Dating Service manually or by means of a directly incorporated list of email addresses*
• May send "Ice Breaker" messages to other Members from the WAYN Dating Service and receive such messages from other Members
• Receive notifications when Members from their Hotlist are online

We reserve the right to make any Standard Member feature an Upgraded Member Feature, or vice-versa. No Upgraded Member will be entitled to any refund of Membership fees in such circumstances.

Please note that those aspects of the WAYN Dating Service that have an asterisk* against them are what we refer to as "Integral Services": if we remove any of our Integral Services, Upgraded Members may be entitled to a refund of part of their Upgraded Membership fee, as the case may be (see Clause 13(iii) for details); but we may remove all or any of the non-Integral Services from the WAYN Dating Service, either on a temporary or permanent basis, without making any refund.

Please be advised that we are not an internet service provider; in order to use the WAYN Dating Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Registration

You undertake to register for the WAYN Dating Service using accurate and current information about yourself - including your correct email address and any other requested details. You also undertake only to add yourself to a location on the WAYN Dating Service which you either are currently visiting or live in. It is the user's responsibility to maintain accurate information regarding their contact and location details.

During registration, you may select a WAYN Dating Username which will be associated with your WAYN Dating membership. This Username cannot be the same as your username on WAYN (www.wayn.com). This Username can be used as a method of linking to your profile, as a shortcut for logging into the WAYN Dating Service, and for other uses that are available for Usernames. Each Username must be of at least 5 characters in length and only contain simple numbers and the basic 26 characters of the English alphabet (A to Z). We maintain a reserved list of keywords which may not be used as WAYN Dating Usernames. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username. Subject to the above, you may change or update your Username at any time from the "Settings" screen when logged in to your WAYN Dating Membership account.

The content of the profile you provide on registration for the WAYN Dating Service, as subsequently amended and added to, will be available to all Members of and visitors to the WAYN Dating Service, unless you specify in the Privacy options of your WAYN Dating Service account that you wish for your profile only to be viewable by those members that match certain preferences that you select.

4. Website Access

I. WAYN grants you permission to use the WAYN Dating Service as set out in this Agreement, provided that:

• You may use the WAYN Dating Service solely for your personal, noncommercial use;
• You will not copy or distribute any part of the WAYN Dating Service in any medium without WAYN's prior written authorisation;
• You will not alter or modify any part of the WAYN Dating Service other than as may be reasonably necessary to use the WAYN Dating Service for its intended purpose;
• You otherwise comply with this Agreement.

II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access the WAYN Dating Service in a manner that sends more request messages to the WAYN Dating Service's servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, WAYN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. WAYN reserves the right to revoke these exceptions either generally or in specific cases.

5. Intellectual Property Rights

The content of the WAYN Dating Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks") and all copyright subsisting therein, are owned by or licensed to WAYN, and protected by United Kingdom and foreign laws and international conventions. Save for specific User Submissions that you personally have made, as between you and WAYN all intellectual property rights subsisting in and in relation to User Submissions (including, without limitation, compilations of User Submissions) are owned by WAYN. You agree not to circumvent, disable or otherwise interfere with security related features of the WAYN Dating Service or features that prevent or restrict use or copying of any Content.

6. User Submissions

(i) The WAYN Dating Service may now or in the future permit the submission of videos, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.

(ii) You shall be solely responsible for User Submissions made by you or through your WAYN Dating Service account ("Your User Submissions") and the consequences of posting or publishing them, and in respect of Your User Submissions, you:

• grant us a non-exclusive, royalty-free, irrevocable and perpetual license to copy, modify, distribute, show in public and create derivative works from Your User Submissions both as part of the WAYN Dating Service and otherwise, in any form, anywhere; including (without limitation) (a) on third party sites and services that link to the WAYN Dating Service or through which WAYN Dating profiles are searchable, and (b) for promoting the WAYN Dating Service (and derivative works thereof) in any media formats and through any media channels;
• represent and warrant that you are fully entitled to grant that license;
• undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Submissions to use the name or likeness of that person to enable the inclusion and use of Your User Submissions in the WAYN Dating Service, and the exploitation by us of Your User Submissions in the manner contemplated by this Agreement; and
• authorise us to adapt Your User Submissions, and so waive (or undertake that you have procured an effective waiver of) all so-called "moral" rights to object to any derogatory treatment of Your User Submissions, or to be identified as their author.

You also hereby grant each user of the WAYN Dating Service a non-exclusive license to access Your User Submissions through the WAYN Dating Service, and to use, reproduce, distribute, prepare derivative works of, display and perform Your User Submissions. Your User Submissions include the Content of your WAYN Dating profile.

7. Privacy Policy

WAYN Dating's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the WAYN Dating Service (including any which contains personal information) is, of course, accessible to internet users around the world.

8. WAYN's Role

You acknowledge that we are not and cannot be responsible for the behavior of or material contributed by Members - whether on the WAYN Dating Service (such as by way of User Submissions) or outside of it. We only provide a venue where the WAYN Dating Service may be accessed. In particular, you should be aware that WAYN Dating does not generally pre-screen or monitor the material contributed by Members (such as User Submissions).

9. Additional services

WAYN or its affiliates may offer new or additional services through the WAYN Dating Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with, and potentially additional fees (which you must pay). Any failure by you to comply with a material provision of the terms or rules governing those services, or to pay any relevant additional fees, will amount to a breach of this Agreement.

10. Operation of the WAYN Dating Services

WAYN reserves the right to withdraw or modify one or more aspects of the WAYN Dating Service where we have serious legal or technical reasons to do so (including technical difficulties experienced by WAYN or on the Internet). There may be times when the WAYN Dating Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the WAYN Dating Service.

11. Misuse of the WAYN Dating Service

We reserve the right (a) to suspend or terminate any Member's access to the WAYN Dating Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the WAYN Dating Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the WAYN Dating Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the WAYN Dating Service while your Membership account is logged on to the WAYN Dating Service, or through your email address(es).

12. Relevance

The WAYN Dating Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

• Include swear-words or terms that could be considered offensive in material posted on or transmitted through the WAYN Dating Service, including electronic messages and any other communication tools made available via the WAYN Dating site. This paragraph is not intended to supersede Clauses 14 and 16 below;
• Place material on, or otherwise use, the WAYN Dating Service for any business or commercial purpose;
• Use your access to the WAYN Dating Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam);

• Collect or harvest any personally identifiable information, including WAYN Dating Usernames, from the WAYN Dating Service, nor use the communication systems provided by the WAYN Dating Service, for any commercial purpose.

13. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of Upgraded Membership fees from time to time; if we do so, we will ensure that the amount or basis is clearly stated at the time when you agree to take the relevant WAYN Dating Service or prior to any fees being taken for it.

(ii) Upgraded Members who agree to have their Membership renewed continuously will have their Membership renewed at the same rate as was previously agreed by the Member; however note that we will notify you of the applicable fees in accordance with Clause 2 above.

(iii) Fees paid by Upgraded Members will not usually be rebated or refunded by WAYN. If, other than under Clause 10 or 11 above, we entirely withdraw an Integral Service (specified in Clause 2) from your Upgraded Membership of the WAYN Dating Service, or the entirety of the WAYN Dating Service itself, then you may be entitled to a rebate of your Upgraded Membership fee for the remainder of the whole months remaining to which that fee relates; but no part of the Membership fee will be rebated to a Upgraded Member under any circumstances if the Upgraded Member has made use of any of the Integral Services (as indicated in Clause 2 of this Agreement) during the period to which the Upgraded Membership fee relates. For the avoidance of doubt, Upgraded Members will not be entitled to any rebate of their Membership fee if Integral Service(s) become available to Standard Members (as well as to Upgraded Members). WAYN will not be obliged to rebate any part of any Upgraded Membership fee, other than as provided in this sub-Clause (iii)

(iv) Upon purchasing a paid-for Upgraded Membership, WAYN will activate all account applications electronically on completion of the subscription process. We reserve the right to delay activation of a paid-for service for up to 5 working days where our systems detect potential credit card or other fraud and require manual checks to take place; in this event, the prospective Member will receive an email seeking confirmation of certain key information. Please be aware that, while WAYN does guarantee the sending of the emails or SMS messages it undertakes to send in this Agreement, WAYN cannot guarantee the delivery of the emails or SMS messages it undertakes to send in this Agreement, WAYN Dating cannot guarantee the delivery of any email or SMS, as (a) a recipient's email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter, and (b) delivery of an SMS is dependent upon the territorial and network "reach" of WAYN's SMS provider(s) and the compatibility of the recipient's phone and mobile network.

(v) If you unsubscribe, you will enjoy your Membership benefits until the end of your thencurrent subscription period; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorated refund of (or any) portion of the Upgraded Membership fees paid (except as provided in sub-Clause (iii) above).

(vi) If you are asked for, and provide, details of a credit or debit card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. Unless otherwise stated, all prices shown for EU countries include VAT.

14. Prohibitions

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the WAYN Dating Service (including Your User Submissions), nor any activity or communication you make in connection with any WAYN Dating Service, will be capable of:

• infringing the intellectual property or other rights of any person or entity;
• breaching any applicable law, whether criminal, tortuous or otherwise;
• appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

15. Alerting WAYN

If you see anything on the WAYN Dating Service which appears to breach this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us. We do not generally monitor material contributed by Members placed on the WAYN Dating Service, and so we are reliant upon users to point out any which is in breach this Agreement.

16. Withdrawal of material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the WAYN Dating Service, whether this is based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the WAYN Dating Service into disrepute. However, you acknowledge that we do not monitor material which appears on the WAYN Dating Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the WAYN Dating Service. You agree that upon termination or suspension of your access to the WAYN Dating Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your WAYN Dating Service account and/or bar any further access to such files or the WAYN Dating Service.

17. Disclaimer and Release

WAYN has no control over, or responsibility for, the truth or accuracy of any material available on the WAYN Dating Service, whether provided by Members (such as User Submissions) or others.

• If any third party site is linked to, or from, the WAYN Dating Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the WAYN Dating Service than you do offline.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
• Your use of the WAYN Dating Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release WAYN, its directors, contractors and employees, from all liability arising out of or in connection with the WAYN Dating Service and the material included here by Members (including User Submissions) and other third parties.

18. Excluded Loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Where Are You Now? Ltd. will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

19. Maximum Liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Where Are You Now? Ltd. under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of:

• The annual Upgraded Membership feepayable at the time liability arises; or
• An amount equal to the sumsactually paid by you to us by way of Upgraded Membership fees during the twelve month period prior to the date when liability arises, regardless of the cause or form of action.

20. Non-excluded Liabilities

Nothing in this Agreement limits Where Are You Now? Ltd's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

21. Indemnity

You agree to defend, indemnify and hold harmless WAYN Dating against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of the WAYN Dating Service or through a device on which you access the WAYN Dating Service. This obligation will survive your use of the WAYN Dating Service.

22. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of Where Are You Now? Ltd assign or dispose of this Agreement.

23. Entire Agreement

This Agreement includes our Privacy Policy; together they are together intended to contain the whole of the agreement between us and you concerning the WAYN Dating Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

24. Changes to this Agreement

Where Are You Now reserves the right to change this Agreement from time to time, and post the new version on the WAYN Dating Service. When we do so, the new version of these terms and conditions will govern the WAYN Dating Service:

• Commencing 5 days after the date of posting (or such later date as Where Are You Now indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the WAYN Dating Service; or
• Immediately upon the date of posting (or such later date as Where Are You Now indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you examples of which would include, without limitation, changes to one or more of WAYN Dating's addresses or email addresses referred to in this Agreement.

25. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

26. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The WAYN Dating Service is controlled and offered by WAYN from its facilities in the United Kingdom. WAYN makes no representations that the WAYN Dating Service is appropriate or available for use in other locations. Those who access or use the WAYN Dating Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.

27. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WAYN's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

28. Contact

You can contact us by emailing support@wayndating.com or by mail to: WAYN Dating United Kingdom, 123 Aldersgate Street, 3rd floor, London EC1A 4JQ, United Kingdom, or by telephone during normal office hours of 9am to 5pm GMT Monday to Friday on: 020 7336 8027. We will endeavor to respond to all email enquires within 2 working days.