The Terms ("we", "us", the "Company" or "Otaku Dating") refer to Otaku Dating Team according to your country of residence.
We may make changes to this Agreement and the Service from time to time. We may do so for a variety of reasons, includingand reflecting changes in or requirements of legislation, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on otaku.dating, and you should checkthe most recent version periodically. The most recent version is the applicable version. If changes include material modifications to your rights or obligations, we will notify you of the changes at least 30 days in advance (exceptwhere or we are prevented from doing so by applicable law) using reasonable means, such as notice through the Services or by email. If you continue to use the Service after the changes take effect, you are deemed to accept the revised Agreement.
You are not authorized to create an account or enter or use the Service or the systems on which you reside unless the following conditions are met:
● are at least 18 years of age.
● can form a binding contract with Otaku Dating,
● you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
● you have never been convicted of a felony or actionable offense (or similar felony), a sex crime, or any type of violence that involves violence, and you are not required to register as a sex offender on any state, federal, or local sex offender registry.
3. Your account.
You are responsiblefor maintaining the confidentiality of the access credentials you use to register with Otaku Dating and are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately.
4. Modification of the service and cancellation.
Otaku Dating is always trying to improve the service and seeks to offer additional functionalities that it finds attractive and useful. This means that we may add newfeatures or product enhancements from time to time, as well as remove some of the features, and if these actions do not materially affect your rights or obligations, we may not notify you before taking them. We may even suspend the Service inwhole or in its entirety, in which case, we will notify you in advance unless extenuating circumstances, such as security concerns, do not allow us to do so.
You may delete your account at any time and for any reason by following the instructions in the "Settings" section of the Service. However, if you use a third-party payment account such as the Apple App Store or iTunes Store, as the case may be (''App Store''), or the Google Play Store, you'll need to manage the in-app purchases you've made through that account to avoid any additional billing. Otaku Dating may delete your account at any time andwithout notice if it believes that you have violated this Agreement. In the event of such cancellation, you will not be entitled to receive any refund for purchases made.
5. Security; your interactions with other users.
Although Otaku Dating hasthe purpose of fostering a respectful user experience through features such as double consent, which allows users to communicate with each other only when both have indicated that they have an interest in each other, it is not responsible forthe conduct of any user on or off the Service. You agree to exercise caution in all interactions with other users, especially if you choose to communicate with them outside of the Service or meet them in person. In addition, you agree to review and follow otaku Dating's Safety Tips before using the Service. You agree not to provide your financial information (e.g., your credit card or bank account) or electronically transfer or otherwise send money to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT OTAKU DATING DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS OROTHERWISE INVESTIGATE USERS' BACKGROUNDS. OTAKU DATING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO USER BEHAVIOR OR COMPATIBILITY.
6. Rights that Otaku Dating grants you.
Otaku Dating grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive, revocable, non-sublicensable license to access and use the Service. This license is granted for the sole purpose of allowing you to use and enjoy the benefits of the Service as provided by Otaku Dating and permitted by this Agreement. This license and any authorization to access the Service will be automatically revoked in the event that you commit any of the following actions:
● use the Service or any content on theService for commercial purposes without our written consent.
● copy, modify, transmit, create derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other proprietary intellectual property, content , or proprietary information accessed through the Service without the prior written consent of Otaku Dating.
● not to express or imply that any of their statements are endorsed by Otaku Dating.
● use any robot, bot, spider, crawler, search/retrieval application, proxy or other device, manual or automatic method or process to access, retrieve, index, "mine data", or in any way reproduce or circumvent the navigation structure or presentation ofthe Service or its content.
● use the Service in any way that could interfere with, disrupt, or adversely affect the Service or the servers or networks connected to the Service.
● upload viruses or other malicious code or compromise the securityof the Service.
● falsify headers or manipulate identifiers to disguise the origin of any information transmitted through the Service.
● "frame" or "reproduce" any part of the Service, without the prior written permission of Otaku Dating.
● use meta tags or code or other devices containing any reference to Otaku Dating or the Service (or any Otaku Dating brand, trade name, service mark, logo or slogan) to direct anyone to any other site for any purpose.
● modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or disassemble any part of the Service, or cause others to do so.
● use or develop anythird-party application that interacts with the Service or the Content or information of other users without our written consent.
● not to use, access or publish the programming interface of the Otaku Dating application without our written consent.
● probe, scan or test the vulnerability of our Service or any system or network.
● not to encourage or promote activities that violate this Agreement.
Otaku Dating may investigate and take legal action available to you in response to illegal and/or unauthorized uses of the Service, including the deletion of your account.
Any software we provide to you may automatically download and installupdates, enhancements or other new features. You may be able to adjust these automatic downloads through your device's settings.
7. Rights You Grant to Otaku Dating.
By creating an account, you grant Otaku Dating a worldwide, transferable, sublicensable, royalty-free right and license to organize, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information that you authorize usto access from third parties such as Facebook, as well as any information you post, upload, display, or otherwise make available (collectively, "postings") on the Service or transmitted to other users (collectively, "Contentor"). Otaku Dating's license to your Content will be non-exclusive, except that Otaku Dating's license is exclusive with respect to derivative works created through the use of the Service. For example, Otaku Dating would have an exclusive license to theservice that includes its content.
In addition, in order for Otaku Dating to prevent the use of your Content outside of the Service, you authorize Otaku Dating to act on your behalf with respect to infringing uses of your Content obtained through the Serviceby other users or third parties. This expressly includes the power, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., the DMCA Takedown Notices) in its nameif your content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (e.g., personal data protection laws to the extent that anyContent contains personal information as defined in such laws) and is for the limited purpose of operating, developing, providing and improving the Service, as well as for the research and development of new ones. You agree that anyContent you post or that you authorize us to place on the Service may be viewed by other users and may be viewed by anyone who visits or participates in the Service (such as individuals who may receive Shared Content from otherOtaku Dating users).
You agree that all information you submit when creating your account, including information submitted from your Facebook account, is accurate and truthful and that you have the right to post the Content on the Service and grant the above license to Otaku Dating.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may remove any Content, in whole or in part, that we believe violates this Agreement or that may damagethe reputation of the Service.
When you contact our customer service representatives, you are committed to being respectful and kind. If we believe that your behaviour towards any of our customer service representatives or other employeesis, at any time, threatening, harassing or offensive, we reserve the right to terminate your account immediately.
In consideration of the fact that Otaku Dating allows you to use the Service, you agree that we, our affiliates and ourthird-party partners may place advertising on the Service. By submitting suggestions or comments to Otaku Dating regarding our Service, you agree that Otaku Dating may use and share such feedback for any purpose without compensatingyou for it.
Under this Agreement with you, you should be aware that Otaku Dating may access, store and disclose your account information and Content if required to do so by law, or if in good faith it believes that such access, storage or terminationsatisfies a legitimate interest, such as to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims of Content that could violate the rights of third parties; (iv) respond to your requests to the customer service department; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree not to:
● use the Service forpurposes that are illegal or prohibited by this Agreement.
● use the Service for any harmful or perverse purpose
● use the Service in order to cause damage to Otaku Dating
● violate our Community Rules, which are updated from time to time.
● send spam, solicit money from or defraud any user.
● impersonate another person or entity or post any images of another person without their permission.
● post any Content that violates or infringes the rights of any person, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
● post any Content that contains hate speech, threatening, sexually explicit or pornographic.
● post any Content that incites violence; or that contains nudity or graphic or unnecessary violence.
● post any Content that promotes racism, intolerance, hatred or physical harm of any kind against any group or individual.
● request passwords for any purpose, or personally identifiable information of other users for commercial or illegal purposes or disseminate another person's personal information without their permission.
● use another user's account, share aaccount with another user, or have more than one account.
● create another account if we have already terminated your account, unless you have our permission.
Otaku Dating reserves the right to investigate and/or delete your account without refund of purchases made if you have infringedthis agreement, have misused the Service, or behaved in a manner that Otaku Dating deems inappropriate or illegal, including actions or communications that occur outside or within the Service. Additionally, in certain cases,we may delete your account for violating the applicable terms. In the event that you violate these rules or the Community Rules, we will automatically renew your authorization to use the Service.
9. Content of Other Users.
Although Otaku Dating retainsthe right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user posting it, and Otaku Dating cannot guarantee that all Content will comply with this Agreement. If you see content on the Services that violates this Agreement, please notify yourself within the Services or through our contact form.
In general. From time to time, Otaku Dating may offer shopping products and services ("in-app purchases") through the App Store, Google Play Store, supplier billing, direct billing from Otaku Dating or other payment platforms authorized by Otaku Dating. If you choose to make an in-app purchase, you will be asked to confirm your payment withthe applicable payment provider, and your payment method (either your card or a third-party account such as the Google Play Store or App Store) (your "Payment Method") will be charged for the in-app purchase at the prices shown to you for the services you have selected, as well as any sales or similar taxes that may be imposed on your payments, and authorize Otaku Dating or the third party account, as applicable, to charge you.
Automatic renewal; Automatic payment by card
If you purchase a recurring subscription within the app that is paid automatically, it will continue to be billed to your Payment Method until you cancel it. After the initial period to which you have committed in the subscription, and again after any subsequent subscription period, your subscription will automatically continue for an additional period equivalent to, the price you agreed upon when subscribing. Card payment information will be stored and subsequently used for automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to the corresponding third-party account, such as the App Store, billed you directly. You can also make a payment objection if youcontact your bank or payment provider, who will be able to provide more information about your rights as well as the applicable deadlines. You can unconditionally withdraw your consent to automatic card payments at any time ifyou go to the Otaku Dating Settings section or to the relevant third-party account, but please note that you will still be required to pay any outstanding amounts.
If you wish to change or cancel your subscription, you will need to log in to your customer account(or Settings in Otaku Dating, if applicable) and follow the instructions to cease or cancel your subscription, even if you have deleted your account with us or if you have deleted the Otaku Dating app from your device. Deleting your Otaku Dating account or deleting the Otaku Dating app from your device does not cease or cancel your subscription; Otaku Dating will retain all funds credited to your Payment Method until you cease or cancel your subscription to Otaku Dating or the third party account, asshared. If you cease or cancel your subscription, you may use your subscription until the end of your then-current subscription period and the subscription will not renew after that period ends.
Additional terms that apply if you pay Otaku Dating directly with your Payment Method. If you pay Otaku Dating directly, Otaku Dating may correct any errors or omissions in billing, even if you have already requested or received payment. If you initiate a collection dispute or otherwise reverse a payment made with your payment method, Otaku Dating may terminate your account immediately in its sole discretion.
To edit your Payment Method information, visit Otaku Dating and go to Settings. If a payment is not concluded correctly, due to maturity, insufficient funds or any other reason, and you do not edit your Payment Method information or cancel your subscription, you will remain responsible for any uncollected amounts, and you authorize us to continue billing your Payment Method, which may be updated. This could result in a change in your billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. Payment terms will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other payment method provideryou have chosen.
Virtual items. From time to time, you may purchase or earn a limited, personal, non-transferable, non-sublicensable , revocable license to use "virtual items," which may include virtual products, virtual "coins," or other units that are interchangeable for virtual items within the Service (collectively, "Virtual Items"). The balance of Virtual Items in your account does not constitute an actual balance or reflect any stored value, but it does constitute a measure of the extent of your license. Virtual Items will not incur any non-use charges. However, the license granted to you in Virtual Items under the terms of this Agreement will cease when Otaku Dating ceases to provide the Service, or when your account is closed or terminated. Otaku Dating reserves the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and may distribute Virtual Itemswith or without charge. Otaku Dating may manage, regulate, control, modify or delete Virtual Items at any time. Otaku Dating shall have no liability to you or any third party in the event that Otaku Dating exercises such rights. Virtual Items can only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use of the Service is aservice that begins immediately upon acceptance of the purchase of such Virtual Items. YOU ACKNOWLEDGE THAT Otaku Dating IS NOT OBLIGATED TO OFFER A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR COMPENSATIONFOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER THE CLOSURE WAS THE RESULT OF VOLUNTARY OR INVOLUNTARY ACTION.
Refunds. Generally, purchase charges are non-refundable and no refunds or credits are madefor partially used periods. We may make an exception if a refund is requested for a subscription offer within fourteen days of the date of the transaction, or if refunds are stipulated by applicable laws in your jurisdiction.
To request a refund:
If you made purchases using your Apple ID, refunds will be handled by Apple, not Otaku Dating. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the operation and click "Reportar un problema". You can also apply at https://getsupport.apple.com.
If you made a purchase using your Google Play Store account or directly through Otaku Dating, please contact customer service with your order number for google play store (the number is located in the order confirmation emailor on the Google Wallet site) or Otaku Dating (you can find it in your confirmation email). You may also mail or personally deliver a signed and dated notice that youare the buyer is canceling this agreement, or words of similar effect. Also include the email address or mobile phone number associated with your account in addition to your order number.
If you exercise your right of cancellation (excepto for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any event within 14 days of the date on which we receive notification of your decision to cancel the Agreement. We will make such a refund using the same means of payment used by you in the initial transaction. In any case, you will not be charged any fees as a result of the refund.
If you made a purchase through a payment platform that is not listed above, request the refund directly from the third-party seller through which you made your purchase.
You may not cancel an order for the delivery of digital content that is not delivered on a physical medium if the order processing has begun with your explicit prior consent and acknowledgment that you will therefore lose your right of cancellation. This applies, for example, to purchases ofVirtual Items. This means that such purchases are FINAL AND NON-REFUNDABLE.
Pricing. Otaku Dating operates a global business and our prices vary according to a number of factors. We frequently offer promotional rates, whichmay vary by region, subscription duration, package size, and more. We also regularly test new features and payment options.
Otaku Dating PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIESOF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Otaku Dating DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILLBE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
Otaku Dating IS NOT RESPONSIBLE FOR CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SUBMITS OR RECEIVES THROUGH THE SERVICE. YOU AGREETO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICE AT YOUR OWN RISK.
12. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Otaku Dating is not responsible for the availability (or unavailability) of such external websites or resources. If you choose to interact with third parties that are made available to you through our Service, such third parties' terms will govern their relationship with you. Otaku Dating is not responsible for the terms or actions of such third parties.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Otaku Dating NOR ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, ILLUSTRATIVE, INCIDENTAL, SPECIAL, PUNITIVE OR AMPLIFIED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY. AMENTE, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERSOR THIRD PARTIES ON, THROUGH, OR AFTER THE USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Otaku Dating HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Otaku Dating'S TOTAL LIABILITY FOR ALLCLAIMS RELATED TO THE SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IN CASE YOU HAVE PAID ANY AMOUNT, TO Otaku Dating FOR THE SERVICE PLUS $100 WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Arbitration, Class Action Waiver, and Jury Waiver.
Except for users residing in countries where prohibited by applicable law:
The only method available for the resolution of any dispute or claim arising out of or relating to this Agreement (including any alleged violation thereof) or the Service, regardless of the accrual date and including past, pending and future claims, shall be BINDING ARBITRATION managed by JAMS under the JAMS Simplified Arbitration Rules and Procedures. , except as modified by ourArbitration Proceedings. The only exception to the exclusivity of arbitration is that either party has the right to bring a claim against the other in a small claims court of competent jurisdiction or, if brought in arbitration, the respondent may request that the dispute continue in a small claims court if the claim is within the jurisdiction of the small claims court. If the request to continue in a small claims court is made beforean arbitrator has been appointed, the arbitration shall be closed administratively. If the request to continue in a small claims court is made after an arbitrator has been appointed, the arbitrator will determine whether the dispute should remainin arbitration or should instead be decided in the small claims court. Such arbitration shall be conducted by written communications only, unless you or Otaku Dating decide to invoke the right to an oral hearing before the Arbitrator. But if youare in arbitration or small claims court, you agree that under no circumstances will you initiate, maintain, or participate in any class action, class arbitration, or other class action or proceeding against Otaku Dating.
By using the Service in any way, you agree to the foregoing arbitration agreement. In this way, YOU WAIVE THE RIGHT TO GO TO COURT to bring or defend any claim between you and the Company (except for matters that may be settled in a tribunal of minor cases). YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS ACTION. If you bring a claim against Otaku Dating outside of small claims court (and Otaku Dating does not request that the claimbe transferred to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator will determine all claims and issues related to the resolution of the dispute by arbitration. You havethe right to a fair hearing before the arbitrator. Typically, the arbitrator can award any relief that a court may grant, including the ability to hear an operative motion (which may include an operative motion based on the parties' pleadings, as well as an operative motion based on the parties' pleadings along with the evidence presented), but you should be aware that arbitration procedures are usually simpler and more expeditious than trials and other s judicial proceedings. The arbitrator's decisions are enforceable in court and can be overturned by a court only for very limited reasons. For more details on the arbitration process, please see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding confirming, modifying or setting aside an arbitral award, may be commenced in any court of competent jurisdiction. In the event that thisarbitration agreement is deemed for any reason unenforceable, any litigation against the Company (except for court actions for small claims). By this means, it gives its irrevocable consent to the jurisdiction of the tribunesfor such purposes.
16. Governing Law.
For users residing in areas where our arbitration agreement is prohibited by law shall apply to any dispute arising out of or relating to this Agreement or the Service. shall be governed by your nation's Federal Arbitration Act.
You may bring claims in your country of residence in accordance with applicable law, except for claims that may be properly brought in a small claims court of competent jurisdiction, all claimsarising out of or relating to this Agreement, the Service, or your link to Otaku Dating . which, for whatever reason, are not submitted to arbitration shall be litigated exclusively in the appropriate federal or state courts.
18.Indemnification on your part.
You agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Otaku Dating, our affiliates, and their and our respective officers, directors, agents and employees from and against anyand all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorneys' fees, caused by, arising out of, or in any way connected with your access to or use of the Service, your Content, or yourfailure to comply with this Agreement.
19. Entire Agreement and Others.
If you choose to purchase Otaku Dating VIP, payment will be charged to your Play Store or App Store account, and your account will be charged for renewal within 24-hours prior to the end of the current period. Auto-renew can be turned off at any time by going to your settings in the Play Store or App Store after purchase. The current subscription price starts at $4.99 USD/month and there are also packages available for $17.99 USD/6 months and $24.99 USD/12 months. Current Super Match pricing starts at $2.99/1 match, and $11.99/5 matches and $18.99/10 matches packages are also available.