Terms of Use

Created: March 21, 2014 
Last Updated: March 3, 2015

These Terms of Use (this or the “Agreement”) is made and entered into by and between Timespace Services Limited, company number C65299, registered at VINCENTI BUILDINGS 28/19 (SUITE 1485) STRAIT STREET, VALLETTA VLT 1432, MALTA and its affiliates and related entities (hereinafter “ForeignGirlFriend”, the “Website”, the “Site”, “We”, “Our” or “Us”) and the user of ForeignGirlFriend.com and its affiliate websites (“You”, “Your” or “Member”) with respect to all products and services provided by ForeignGirlFriend (the “Service”). By clicking “Start Now” or a similar interactive registration button on the Site, You indicate Your acceptance of all the terms and conditions of this Agreement.


IF YOU DO NOT AGREE WITH ANYTHING CONTAINED IN THIS AGREEMENT OR ANY PORTION OF THESE TERMS AND CONDITIONS, DO NOT CLICK ON THE “START NOW” BUTTON AND LEAVE THE WEBSITE IMMEDIATELY. THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN THE PARTIES HERETO AND WE ENCOURAGE YOU TO CONTACT AN ATTORNEY OF YOUR OWN CHOOSING AND AT YOUR OWN EXPENSE PRIOR TO UTILIZING AND PORTION OF THE WEBSITE OR THE WEBSITE SO THAT YOU FULLY UNDERSTAND YOUR LEGAL RIGHTS AND OBLIGATIONS ASSOCIATED WITH YOUR USE OF THE WEBSITE.


Your use of the Website is also governed by our Privacy Policy which is hereby incorporated into this Agreement by reference.


You agree that We may periodically modify these Terms of Use. Notification of any changes to these Terms of Use shall be posted on the Site or sent via electronic mail, as we may determine in our sole and absolute discretion. Following your notice of any modifications to these Terms of Use, if you do not agree to any portion of the modifications, you should terminate your use of the Site immediately. Your continued use of the Site now, or following the posting of notice of any changes to these Terms of Use, shall constitute a binding acceptance by you of these Terms of Use, or any subsequent modifications.


The terms of any Acceptable Use Policy posted on the Website, and any notices regarding the Website are hereby incorporated by reference into this Agreement.


  • Eligibility. By utilizing the Website, You represent and warrant that You are at least 18 years of age or the age of majority in each and every jurisdiction that you are accessing the Website from (whichever is greater). Membership in the Service is void where prohibited. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity.

  • Term and Termination. This Agreement shall become effective from the moment that you visit the Website and shall remain effective so long as you continue to utilize the Website.


ABOUT PAID FOR SERVICES


We offer you the opportunity to pay for certain services offered on the Website. Our services include various opportunities to find and meet additional people and to boost your profile so more people find you. Our site also offers the ability to participate in webcam video-chats and to watch video presentations on the Website. You can purchase all of these premium services when you register or after you register and you may subscribe to the services for various lengths of time (e.g., 3 day and 1, 3, or 6 month subscriptions).


For your convenience, we supply to you the costs and duration of your membership on our registration page on signup. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. During the signup process, we will ask you to indicate your preference for membership duration and costs among other things, and we will record your selections and click-through agreement to the duration, costs, and these terms. We reserve the right to offer free membership to any person of our choice at any given time, for any duration, while charging other members, at the same time. We also reserve the right to cancel the free trial period or membership at any time, for all or any of our members.


If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages or one-off (for Vodafone only) for Australian residents only, which can differ across our various websites. As a Full Member you expressly agree to us providing the Services to you immediately upon payment by you.


In general, we offer:


3 day and/or 1, 3 or 6 month packages.


The fees payable for each of our Subscription Packages are set out on the payment page at the point of making payment. Please review the payment page very carefully when you come to make payment.


Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewing billing . THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD YOU SELECT (E.G. 1 MONTH), AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE.


We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to you (in accordance with our process noted below at section “Disputes about billing and refunds” and you will have the option to cancel your membership if you do not agree with the new price being offered to you.


AUSTRALIAN PREMIUM SMS CUSTOMERS


For Premium SMS Billing Users (Australia only), Customer Helpline 1300885881 (Data fees may apply). To Unsubscribe, SMS STOP to 19901410 or call our Customer Helpline at 1300885881.


AUTOMATIC RENEWAL BILLING


We operate an automatic renewal billing policy.


This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.


You must provide current, complete, and accurate information for your billing account. You will promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us any of this information, we will hold you responsible for the fees accrued under your billing account. 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.


To reduce the risk of fraudulent transactions, we may require some users to verify their billing account by debiting their credit or debit card a small, random amount of $0.5 to $5 (or its equivalent in local currency). Please check your bank statement for the actual debit amount of billing account verification and confirm it if needed. This amount will be refunded within 3 to 5 days after the credit card or debit card verification process is complete.


VIRTUAL CREDITS


This Website may, but is not obligated to, include a virtual, in-app currency (“Virtual Currency”) including, but not limited to coins, cash, tokens or points, that may be purchased from Us for “real-world” money if you are a legal adult in your country of residence. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Currency in the Service, You have no right or title in or to any such Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency as We see fit in Our sole and absolute discretion, and We shall have no liability to You or anyone for the exercise of such rights. Transfers of Virtual Currency are strictly prohibited except where explicitly authorized within the Service. Except as expressly provided otherwise herein, You may not sell any Virtual Currency for “real-world” money or otherwise exchange such items for value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Website and possible legal action. All Virtual Currency that has not been purchased directly by You (e.g., tips from other users, referral commissions, etc.) is forfeited if Your account is terminated or suspended for any reason, in Our sole and absolute discretion, or if We discontinue providing the Service.


Purchase of Our Virtual Currency packages is only available for Full Member (person with active Membership). Usage of Our Virtual Currency is available for any registered User regardless of Membership status.


All of Our Virtual Currency packages are subject to change with no notice and shall be described on the Website.


To change or terminate Your subscription please contact our support team by email support@foreigngirlfriend.com or by phone +1 8008396430


We reserve the right to immediately suspend or terminate Your access to any portion of the Service, without notice, and for any reason whatsoever. We also reserve the right to remove Your account information, profile, or data from the Service at any time in our sole and absolute discretion.


If Your access to any portion of the Service is suspended due to any suspected (as determined in our sole and absolute discretion) or actual breach of this Agreement, You agree that all fees paid to Us are final and all outstanding or pending payments will immediately become due and owing. Following any termination of Your use of any portion of the Service, We reserve the right to send a notice explaining such termination to Our other users and members that you have contacted through the Service.


  • Non-Commercial Use by Members. The Website is for the personal entertainment use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use 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 will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, software, legal entities and services competitive with the Website. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

  • Proprietary Rights. ForeignGirlFriend owns, licenses or otherwise retains all intellectual property rights in and to the Website and the Service, without limitarion. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of ForeignGirlFriend.com and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

  • Content Posted on the Website.


  • You understand and agree that ForeignGirlFriend may (but is not obligated) in its sole and absolute discretion store for review, review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole and absolute judgment of ForeignGirlFriend violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members.

  • You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Service, or transmit to other users or Members.

  • By posting Content to any area of ForeignGirlFriend You automatically grant, represent and warrant that You have the right to grant to ForeignGirlFriend an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

  • The following is a partial list of Content that is illegal or prohibited on the Website. ForeignGirlFriend reserves the right to investigate and take appropriate legal action in its sole and absolute discretion, against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:

    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

    • promotes information that is or suspected of being defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;

    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

    • displays pornographic or sexually explicit material of any kind;

    • provides material that exploits people under the age of 18 or have not reached the age of majority in a sexual or violent manner, or solicits personal information from anyone under 18 years of age or the age of majority;

    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

    • engages in commercial activities and/or sales without ForeignGirlFriend prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

  • You must use the Service in a manner consistent with any and all applicable laws and regulations in your own jurisdiction and you must ensure that you are familiar with the laws and regulations of your local jurisdiction prior to utilizing the Service.

  • You may not include in Your Member profile any telephone numbers, street addresses, last names, URLs, email addresses or any other data that divulges your location. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.

  • You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although ForeignGirlFriend cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, ForeignGirlFriend reserves the right to restrict the number of emails which a Member may send to other Members in any period of time to a number which ForeignGirlFriend deems appropriate in its sole and absolute discretion.

  • You understand and agree that by posting information or content including but not limited to copyrighted content, mobile number, name and likeness and photographs to Your profile pages or any public area of the Services, you automatically grant, and You represent and warrant that You have the right to grant to Us, Our partner sites and group companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights You may have in any such information or content.


We may use any of Your content, including Your photographs, for the purposes of advertising or publicity.

  • Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please visit our DMCA page for further instructions.

  • Member Disputes. You are solely responsible for Your conduct and interactions with other ForeignGirlFriend Members. ForeignGirlFriend does and will not involve itself in disputes between You and other Members.

  • Disclaimers. FOREIGNGIRLFRIEND PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OR FOREIGNGIRLFRIEND OR OTHERWISE WITH RESPECT TO THE SERVICE. FOREIGNGIRLFRIEND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, FOREIGNGIRLFRIEND DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. FOREIGNGIRLFRIEND DISCLAIMS ALL LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, ForeignGirlFriend cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 or the age of majority (whichever is greater) in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. ForeignGirlFriend is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. ForeignGirlFriend DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. ForeignGirlFriend is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. ForeignGirlFriend is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. ForeignGirlFriend assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. ForeignGirlFriend is 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 or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will ForeignGirlFriend be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.

  • Suppliers. To provide the Service, ForeignGirlFriend purchases services from various agencies (collectively, "Suppliers"). The Suppliers are independent contractors and are not agents, or employees of ForeignGirlFriend. ForeignGirlFriend is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, ForeignGirlFriend is prohibited from rendering the Suppliers' contact information. Services provided by the Suppliers include but are not limited to the following:

    • Suppliers provide full, accurate and legitimate information required for the registration of the female Members at ForeignGirlFriend prior to their registration according to the terms of Agreement.

    • Suppliers provide full, correct and quality translation of all correspondence of their female Members and their prospective soul-mates, Members of ForeignGirlFriend.

    • Suppliers provide additional services in accordance to the terms of their agreement with ForeignGirlFriend.

    • Any additional services requested by ForeignGirlFriend Members, which fall into the Suppliers' scope of activity, but not defined by ForeignGirlFriend terms of Agreement with Supplier, including but not limited to, arrangement of a meeting with the female Members of the Supplier, provision of additional information on the female Members, or any other personal requests of Members, may be processed by Supplier, but are not automatically granted.


ForeignGirlFriend is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided "as is" and ForeignGirlFriend expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ForeignGirlFriend cannot guarantee and does not promise any specific results from use of the Website and/or the Service.


  • Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will ForeignGirlFriend be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if ForeignGirlFriend knows or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ForeignGirlFriend’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to ForeignGirlFriend for the Service during the term of membership.

  • Jurisdiction and Applicable Law. These Terms of Use and the documents referred to in them shall be governed and construed in accordance with BVI law. Any disputes relating to these Terms of Use, the documents referred to in them or the Site or the Services will be subject to the exclusive jurisdiction of the BVI courts.

  • Disputes about billing and refunds. In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email ( support@foreigngirlfriend.com)or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. All disputes must be raised within three (3) months of the disputed transaction occurring.

    Please note if you have made payment for our application through Apple's iTunes service, in accordance with Apple's developer policies, we shall not issue any refunds if you have purchased our app in this way.

    We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the Website not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things such as other complaints received or other customer comments. We do not guarantee satisfaction and we will not consider dissatisfaction with the Website or simply buyer's remorse as grounds for a refund.

    We do not provide cash refunds; our authorized billing agent refunds the requested transaction back to you.

    If an issued refund is for a recurring billing, we will only refund the most recent payment. A refund for a recurring billing will result in an immediate cancellation of the recurring service. A refund of fees for any nonrecurring service will also result in immediate termination of access to the service.

    To request a refund, you must contact our customer service department through our "Contact Us" page. On issuing a refund, the Website reserves the right to add you to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our products.

  • Indemnity. You agree to indemnify and hold ForeignGirlFriend, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to ForeignGirlFriend or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

  • Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and ForeignGirlFriend regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.