This contract is entered between Gleeden and the Member (hereafter referred to as “Member”).
Gleeden is a high-end online service for adult encounters (the “Service”) accessible via internet, cellular phones (WAP, I-mode® or mobile applications) and tablet or other computer devices.
Some features of the Gleeden’s services can be accessed free of charge. Other services require the Member to purchase credits or a membership.
Non-electronic Copy. You, the Member, have the right to receive a hard copy of this document. You may request a hard copy of this Agreement at any time before or after you electronically sign the Agreement. To receive a hard copy of this Agreement, please Contact Us online or send a letter with a self-addressed, stamped envelope to: Blackdivine LLC Headquarter 60 Broad Street, suite 3502 New York, NY 10004.
Article 1. Definitions.
To become a Member of the Service, you must be an adult according to the laws of the country in which you reside. You will be prompted to acknowledge in the registration process that you have the legal age of the country in which you reside to be allowed to use Gleeden’s Service. You must declare not to be mentally unable and/or not to be under guardianship.
You cannot use Gleeden if you have been convicted by a Court of law for sexual assault, sexual attacks, pedophilia or any other sexually related felonies or crimes under the laws of the country in which you reside, as well as under any the laws of any other State in which you may have be found liable for such felonies or crimes.
The Service is not presently offered in the following States of the United States of America: Massachusetts, Michigan, Idaho and Oklahoma.
- "Gleeden" refers to the dating website designed to facilitate online meetings between individuals, for personal, leisure and non-business purposes. Gleeden is accessible from multiple platforms with or without the purchase of credits or membership.
- "Credits" or “Credit Packs” refers to the units on the Gleeden’s Website. Credit Packs (all prices include tax): the Member purchases a certain amount of units which he can use on gleeden.com to initiate encounters by using the Communication Tools.
- "Service(s)" refers to the entirety of the Services accessible to Gleeden Members, whether paid or unpaid.
- "Communication Tools" or “Paid Services” refers to all Services accessible, at rates quoted, to Gleeden Members with Credits on their account.
- "Member(s)" refers to any or all valid registered users of the Gleeden Service who have or have not paid to use Gleeden.
Article 1.1. Ownership Rights.
Gleeden’s name, brand, logos, graphic design and the texts appearing on the website are the exclusive property of Gleeden. Gleeden is a protected trademark. They cannot be reproduced, used, whether wholly or partially, without prior written consent of Gleeden.
If you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, please contact us and send us via e-mail at the following address: info@Gleeden.com.
Article 2. Access and registration for Gleeden Services.
Article 2.1. Terms of access and registration.
The Service is not presently offered in the following States of the United States of America: Massachusetts, Michigan, Idaho and Oklahoma.
In order to use Gleeden’s Service, you must create an account. You will be asked to create a login and a password, and security questions to retrieve a forgotten login information. This login and password is only created once and will allow you to access the Service at any time.
When you first access our Service, you will be asked to provide complementary personal information concerning your profile and your preferences, including text, pictures and other data. Our moderators must then validate your account. During the validation period, you will only be allowed to view others Members’ profiles. Once your account has been validated, your profile will be posted for other Members to view and you will gain access to subscribe additional services by purchasing credits as more fully described in Section B.2. above, or below in the Terms of Sale.
- Free Membership. Becoming a Member on Gleeden is free. The membership allows you to access public areas of the Service and use unpaid services such as the search feature, or to view other members’ profiles.
- Paid Services. Communicating with other Members requires a purchase of credits as more fully detailed in the Terms of Sale. All funds are quoted in the currency in which they are displayed or, by default, in US Dollars. The prices displayed do not include tax. Gleeden reserves the right to change its pricing policy or the method or manner in which it charges for its Service at any time, at its sole discretion, without further notice. Once Gleeden has confirmed receipt of your payment, your account will be credited with the number of credits purchased. If we receive payment for an incorrect amount, or in a currency other than the one displayed, we reserve the right to credit your account with a pro-rated number of credits based on the funds received at the time of processing, converted to the specified currency, at a reasonable market exchange rate. Time will lapse automatically on your account and will be automatically deducted as you use the Service. You can view the expiration date of your credits on your account, as well as your account balance, at any time by clicking on “Manage Your Account”. A Member whose account has lapsed or who has no remaining credits will remain a Member, but cannot access "paid features" until credits for additional time are purchased. If your usage of the Service is terminated because of a breach of this Agreement, or if it is terminated for any reason, any unused balance will be immediately forfeited.
Accounts are not transferrable from one Member to another Member. Accounts are never automatically billed.
The internet access and the equipment (computer, cellular phones, tablet computer…) used to allow access to Services shall be the responsibility of the Member, as shall the costs incurred by its use. The Member is responsible for any fees or charges incurred to access the Service through an Internet Service Provider or other third party service, including but not limited to telephone charges.
For security and quality purposes, Gleeden reserves the right to cancel without refund any unused credits as soon as 180 days from the date of your last login or 365 days from the date of purchase. This period referred to above shall begin on the date that the subscription term expires. Gleeden may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time.
Blocking of IP Addresses. In order to protect the integrity of the Service, Gleeden.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
Article 2.2. Non-commercial Use by Members.
You are solely responsible for your interactions with other Gleeden.com Members. Gleeden.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Gleeden website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors (canvassing, soliciting or prostitution) or for any non-private purposes. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Gleeden.com, which may be revoked at any time, for any reason, in Gleeden.com's sole discretion.
Article 2.3. Refund Policy.
The purchase of initial and recurring credits is non-refundable.
Article 3. Gleeden’s Representations and Warranties.
Article 3.1. Obligations of Gleeden.
Gleeden will supply an online dating Service and maintain it (24/7) via the Internet.
Gleeden will supply and maintain a mobile application on the following stores: AppStore (via ITunes) and Google Play (Android Market).
High-End Social Platform. Gleeden is not a matrimonial agency. Gleeden is a high-end social platform where married and engaged adults may interact and initiate encounters in a secure and confidential environment. There is no lewd or sexually-explicit content allowed on Gleeden.
No-Fake-Members Policy. Gleeden guarantees that it will not create fake members in order to improve traffic or push members to buy more credits.
In order to maintain the 100% real members pledge on Gleeden, "couples" accounts and members looking for "swinging" are encouraged to properly represent the desires they pursue on the site via selecting the most accurate subscription available. "Female accounts" pursuing sexual encounters on the behalf of a couple or couples will be regarded as "fake" or spam accounts, and will not be allowed on Gleeden. To pursue couples' encounters on Gleeden, you must represent at least the male member of the couple, and subscribe as the male seeking female, to correctly represent this pursuit of mutual partnership.
This is for the mutual benefit of you and your partners, to ensure successful future encounters. Please help us by maintaining the honesty and freedom that the site creates via accurate representation of your private identity. This will only help you find what you desire and eliminate your chances for rejection and reports of abuse for unwanted inquiries.
In order to ensure a high quality of encounters to its Members, Gleeden will endeavor to screen all Members and content posted on the Service. Gleeden does not, however, investigate the background of its Members, or attempt to verify the accuracy of their statements. Gleeden makes no representations nor guarantees as to the Member conduct, and is not responsible for each and every message or other material posted or sent by a Member at all times.
However, Gleeden has established a clear Code of Conduct that each Member needs to follow and compiled a list of 20 prohibited behaviors on the Service (See below, Section E –Code of Conduct of our Members).
In order to implement its Code of Conduct, Gleeden will implement a three-pronged policy:
- Screening of content before it is posted on the Service,
- Random screening of posted content, or screening of posted content based on reporting by other Members,
- "Service(s)" refers to the entirety of the Services accessible to Gleeden Members, whether paid or unpaid.
- Sanctioning unacceptable behaviors as reported by Members, or as determined by Gleeden in its sole discretion, including sending a warning, suspending or excluding a Member.
24/7 Permanent Access. Gleeden promises to its Members that its Service will be available without interruption 24 hours a day/7 days a week throughout the year, with the exception of occasional maintenance operations. Gleeden cannot be held responsible if access is denied due to the failure of your Internet Service Provider, or to the equipment or obsolete navigation software that may slow or stop connectivity. Additionally, due to other circumstances, we cannot be found liable for failures in connectivity or otherwise as more fully explained under Section G below.
Article 3.2. Code of Conduct of Our Members.
Why do we include a Code of Conduct? Gleeden wants to ensure that its Members have a pleasant experience on the Service.
Gleeden’s moderators screen profiles at the time of registration to ensure that non-offensive content is made available on the Service. As previously explained, Gleeden’s moderators can also be asked to review and remove any offensive comments or interactions that occur within the Service.
However, the Gleeden experience largely relies on the behavior of each Member.
Code of Conduct: Your Six (6) Commitments. With respect to the Code, each Member agrees that, at all times during his or her use of the Service, he or she will:
- 1. Guarantee that the information he or she provides to Gleeden is true and accurate (for confidentiality reasons, you are not required to reveal your real identity to other Members and may choose to create a pseudonym, however your location and your description must be accurate),
- 2. Act fairly, be polite, courteous and civil with other Members and Gleeden’s customer representatives,
- 3. Respect other Members’ privacy and intellectual property. Members pledge not to exploit, use or divulge the personal information available on the Service and offline, especially content supplied by Gleeden and by other Members,
- 4.Report any behavior to Gleeden that conflicts with the Code of Conduct, with evidence of such behavior or action,
- 5. Update any information of his or her personal profile so as to reflect a true and accurate representation, and,
Unacceptable Conduct: the 20 prohibited actions. Each Member represents and warrants that he or she will not do any of the following acts or behaviors, at any time with respect to usage of the service:
- 1. Use the Service for professional or commercial purposes, including but not limited to canvassing, soliciting or prostitution, or for any non-private purposes.
- 2. Use any information obtained on the Service for any unauthorized or unlawful purpose.
- 3. Impersonate any other person or entity, or post pictures and/or any information that does not correspond to his/her true identity.
- 4. Post or submit any content that: (a) encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), (b) uses offensive language or images, or is otherwise patently offensive, (c) promotes an illegal or unauthorized copy of another person's copyrighted work, (d) characterizes violence as acceptable, glamorous or desirable, (e) contains any illegal material or any material that infringes or violates another party's rights (including and not limited to intellectual property rights and rights of privacy and publicity), (f) provides instructional information about illegal activities such as making or buying illegal weapons, violating privacy, or providing or creating computer viruses, (g) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (h) provides or promotes inaccurate, misleading or false information.
- 5. Write, utter, state or publish libelous, defamatory or slanderous statements on the Service and/or offline regarding any Member or Member’s personal information.
- 6. Write, utter, state or publish any statement on the Service and/or offline promoting by stereotypical depiction or otherwise any form of racism, denial of the Holocaust, discrimination, xenophobia, pedophilia or any other type of physical and/or verbal violence of any kind against any group, or endangering public order.
- 7. Use abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate behaviors when communicating with other Members or with Gleeden’s customer service representatives.
- 8. Post pictures and/or information concerning minors on the Service.
- 9. Upload or publish any shocking, offensive or sexually charged pictures or content in your profile and your personal space on the Service.
- 10. Transmit, distribute, post or submit any information, data, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers.
- 11. Divulge or transmit your personal information in order to enable another Member to contact you through means other than through Gleeden, or retrieve or use personal information of Members to send emails, or to contact them in any way for any reasons other than through Gleeden.
- 12. Attempt to harm or disrupt the Service in any way and by any means including, but not limited to the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.
- 13. Use the Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements.
- 14. Collect or store any information about any other Members other than in the course of the permitted use of our Service,
- 15. "Stalk," harass or promote the harassment of any other Member of the Service.
- 16. Communicate to other Members or acquaintances your personal information concerning the access to the Service (login and password). If this is the case, Gleeden cannot be held responsible for any malevolent, fraudulent or abusive use of the concerned account and the Member will be the only one to suffer the consequences.
- 17. Post on the Gleeden’s Service, via their personal space, any content (texts, images, information, software…) of others being protected by any intellectual property rights, without having obtained the prior consent of the owners.
- 18. Extract, use, post, distribute, duplicate and/or reproduce in any way any elements of intellectual property belonging to Gleeden (including its trademarks, image, logos, or any other intellectual property rights) for any reasons, whether commercial or not, legal or not.
- 19. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service.
- 20. Assist any third party in doing any of the foregoing.
Take Reasonable Precautions. Each Member agrees to take reasonable precautions in all interactions with other Members of the Service, particularly if he or she decides to meet offline or in person. Each Member should not provide his or her financial information (for example, credit card or bank account information) to other Members of the Service.
Article 3.2.1. Member’s Authorization.
Subscription to Gleeden signifies a voluntary commitment. A Member voluntarily submits and provides content to Gleeden.
By submitting any content to our Service (including, but not limited to, your photograph), you authorize Gleeden to publish pictures, information, or any other data you submit to be posted on Gleeden.com. In doing so, you (1) pledge and guarantee to us that all content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party, and also (2) also assign and permit Gleeden, its licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works. You also grant license for the previously mentioned materials to Gleeden, and waive any and all rights to be identified as the author of the content, including your photograph, and any similar rights in any jurisdiction, for any country, state or city, national or international.
Article 3.3. Suspension, Discontinuance, Termination and Exclusion.
- 1. Termination of a Member’s account by Member:
A Member may at any time request the termination of his account by sending to Gleeden an email at unsubscribe@Gleeden.com. Gleeden will remove the posting of the Member’s personal information from its website no more than 30 days after receipt of the e-mail.
There will be no reimbursement for unused credits existing on the Member’s account on the day of termination of the account.
- 2. Voluntary Suspension of Service:
A Member may at any time request that Gleeden suspend his account. Gleeden will then remove the profile of this Member from the public space, so that it will no longer be searchable or available for chat/PM requests from any other Member. The profile and personal information will be stored by Gleeden and the Member may reactivate the Service at any time without needing to create a new profile.
Unused credits existing on the Member’s account on the day of suspension will be stored and preserved until reactivated. However, such credits will be lost if they expire without being used within the allotted time.
- 3. Removal of a Member by Gleeden:
Gleeden can temporarily or permanently restrict access of its Service to a Member at any time and without notice, if the Member violates any terms and conditions of the Service. Gleeden may, depending on the seriousness of the violation, issue a simple warning to the Member in question with notification of the violation, request that the Member cease the alleged conduct or act immediately, or Gleeden may temporarily or permanently terminate the Member’s account without notice.
Unused credits existing on the Member’s account on the day of account removal or termination will be lost, and there will be no reimbursement or compensation.
- 4. Discontinuance:
We reserve the right to modify or discontinue at any time, temporarily or permanently, any portion of our Service with or without prior notice. Gleeden is not liable to you or to any third party for any modification or discontinuance of our Service.
- 5. Blocking of IP Address:
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.
- 6. IP Disclosure :
Gleeden reserves the right to disclose the IP address of a member, under the Federal ECPA or other appropriate jurisdictions.
Article 5. Liabilities and warranties.
Article 5.1 Limitation of Liability.
- IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALIFICATION FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PERFORMANCE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER, RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
- THIRD PARTY CONTENT. We do not control the content that you may access from third parties while using the Service either via our Service or through links to third party web sites ("Third Party Content"). By using our Service, you agree that you may be exposed to Third Party Content that may be false, offensive, indecent or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with Third Party Content, including without limitation, profiles of other users of our Service.
- LIMITATION PROVISION. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE PRICE PAID BY A MEMBER (WHICH CAN BE AS LOW AS ZERO IF NO PRICE WAS PAID).
Article 5.2 Indemnity.
Article 5.3 Ownership Rights.
Gleeden’s name, brand, logos, graphic design and the texts appearing on the website are the exclusive property of Gleeden. Gleeden is a protected trademark. They cannot be reproduced, used, whether totally or partially without the previous written consent of Gleeden.
If you believe that your work has been copied and posted on our Service in a way that constitutes copyright infringement, please contact us and send us your notice of infringement by sending us an e-mail at the following address: info@Gleeden.com.
Article 5.4 Jurisdiction and Applicable Law.
Article 6. Miscellaneous
Article 6.1 Cookies.
Article 6.2 Contact.
Gleeden is the trademark and commercial name of Blackdivine, a limited liability company (LLC), registered in the State of Texas, with head offices located at: 60 Broad Street, Suite 3502, New York, New York 10004, represented by Mr. Teddy Truchot, Director of Publication of the Gleeden site. For questions, you can reach us at the following address: info@Gleeden.com.