Terms of Use
MEMBERSHIP AND TERMS OF USE AGREEMENT
1. Scope of these Standard Terms
a. By subscribing to, utilizing the services of, and paying membership fees to Columbian Bella, Inc., a South Carolina Corporation, (“CB”), the Customer/Member agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses CB’s Services, regardless of registration or subscription status. If Customer do not wish to be bound by this Agreement, do not use CB’s Services.
b. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT CREATE A MARRIAGE BROKERAGE AGREEMENT, NOR DOES IT CREATE A MATCHMAKING AGREEMENT.
c. We reserve the right to modify, amend, or change the Terms at any time.
2. Services of CB
a. Definition of content – it includes without limitation, the conversations, messages, texts, emails, video, audio, personal information that Customer provide on Customer ‘profile’ and sent through direct messages to other Members. The content included on Customer’s individual profile should be relevant to the intended use of CB’s Services.
b. As part of Customer’s membership with CB, Customer will have be able to create profile through which they share access to CB as well as CB’s other customers. Customer will be able to view (i) content that CB posts or provide and (ii) content that other Members post or provide.
c. Also as part of Customer’s membership with CB, Customer will be able to purchase products offered by CB, including but not limited to:
i. Letter service: CB Customers may choose to purchase a letter service that shall be at a price determined by CB, and which may be subject to change.
1. The Letter service permits Customer to draft a letter to another CB Member of their choosing, the Letter shall be translated by a translator appointed by CB, and the letter shall then be transmitted to the CB Customer to whom the letter is addressed. If the Recipient so chooses, then they may reply with a letter, which shall also be translated and transmitted to the originating Customer for no additional cost. Purchase price shall cover one exchange of letters from originating Customer and one reply, if recipient Customer so chooses.
2. Letter service is subject to all harassment and conduct standards that are enclosed herein. Customer acknowledges and agrees that CB may refuse to transmit any letter on behalf of Customer if Customer has violated any terms of the Letter Service or as contained herein.
3. Members are not allowed to exchange contact information through the letters, it is against policy.
d. Price Structure
i. Option One
1. Monthly Membership for Men is $28.50 per month.
2. To send a letter is $7.00 per letter
3. To receive a letter is $7.00 per letter
ii. Option Two
1. Monthly Membership fee for Men is $30.00 per month
2. To send a letter is $5.50 per letter
3. To receive a letter is $5.50 per letter
3. Acknowledgements and Attestations.
a. By using CB’s services Customer represents, warrants, and attests that:
i. Customer is 18 years of age
ii. Customer is legally qualified and capable of entering a contract with CB
iii. Customer is single and is not married
iv. Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
v. Customer is not on any list of individuals prohibited from conducting business with the United States;
vi. Customer is not prohibited by law from using CB’s services;
vii. Customer has not convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
viii. Customer is not required to register as a sex offender with any state, federal or local sex offender registry;
ix. Customer does not have more than one account on CB’s Services; and
x. Customer has not previously been removed from or had their membership either suspended or terminated by CB, unless Customer has CB’s express written permission to create a new account.
b. If at any time Customer ceases to meet these requirements, Customer must immediately delete Customer’s account.
4. Customer responsibilities
a. Customer agrees to Comply with all Terms listed herein.
b. Customer expressly agrees to comply with and conform his/her behavior and conduct to all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
c. Customer agrees to treat other users with whom Customer interacts through the Services through CB in a courteous and respectful manner, both on and off CB’s Services;
d. Customer agrees that they have not and will not misrepresent their identity, age, current or previous positions, qualifications, or affiliations with a person or entity, or any other personal information posted or disseminated through the use of CB’s services;
e. Customer agrees that Customer will not use CB’s Services for any harmful, illegal, or nefarious purpose;
f. Customer will not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
g. Customer will not Post or share Prohibited Content (see below);
h. Customer will not solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
i. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
j. Customer will not use another user’s account;
k. Customer will not use CB’s Services in relation to fraud, a pyramid scheme, or other similar practice.
l. CB TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT CUSTOMER OR ANY OTHER MEMBER OR THIRD-PARTY POSTS, SEND, DESSIMINATES, OR RECEIVES THROUGH CB’S SERVICES. CB TAKES NO RESPONSIBILITY FOR VERACITY OR TRUTHFULNESS FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR ACCEPTABILITY OF ANY MEMBER OF CB, REGARDLESS OF WHETHER CUSTOMER COMMUNICATES WITH SUCH MEMBER.
5. Prohibited Uses
a. Customer shall not and cannot upload, share, disseminate, or transmit content that:
i. Is untruthful
ii. Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
iii. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
iv. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
v. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
vi. Is defamatory, libelous, or untrue;
vii. Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services and/or consideration paid in exchange for companionship or any other type relationship , links to other websites or premium line telephone numbers);
viii. Involves the transmission of “junk” mail or “spam”;
ix. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from CB or otherwise;
x. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
xi. Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
b. Customer shall not and cannot upload, share, or otherwise disseminate the content of another Member. Customer expressly acknowledges and agrees that Customer shall not disseminate the content posted by another Member, regardless of whether content was shared with Customer directly by Member. Customer shall not share such content to a third party, regardless of whether the third party is a Member. Customer may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate Customer’s account if Customer misuse Member Content. A Member’s content belongs to that Member and to CB, may not be shared or disseminated by another Member without the approval of originating Member.
c. Customer shall not and cannot upload, share, or otherwise disseminate the content of CB. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on CB’s Services is owned, controlled or licensed by CB and is CB’s content. Such content is protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to CB’s content remains with CB at all times. Customer is granted a limited license to access and use CB’s content All other rights are reserved.
d. The use, uploading, transmission, or dissemination of any of the above content may result in the immediate suspension or termination of the Customer’s membership with CB. Suspension or termination of Customer’s membership shall be in the sole discretion of CB. CB has the right to exercise this authority, but Customer acknowledges and agrees that CB is not obligated to exercise such authority.
e. Customer understands and agrees that CB may monitor or review Customers Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Customer’s Content at any time in CB’s sole discretion. Furthermore, Customer understands and agrees that while CB has the right to display, review, delete, or remove any Customer’s Content, CB has no obligation to review, display, delete, or remove Customer’s Content, nor does it have the obligation to review, display, delete, or remove any other Customer’s Content.
6. Reporting of Prohibited Uses.
a. If Customer observes or is the subject of another Member’s prohibited use of CB’s services, Customer shall report the same to CB. Customer shall report such misuse or prohibited content direct to CB administrator by email.
7. Indemnification.
a. Customer is solely and singularly responsible for all of Customer’s content shared or posted using CB’s services or on CB’s platform.
b. Customer agrees to refrain from posting any content that would expose him/herself to any civil or criminal liability or that would expose to CB to the same.
c. Therefore, Customer agrees to indemnify, defend, and release CB, each legal entity, if any, who controls, is controlled by or its under common control with CB, and each of its representative managing partners, officers, directors, employees, agents, assigns, successors, servants and representatives (“Indemnified Parties”), and to hold each Indemnified Party harmless from any claims, losses, liabilities, including judgments, costs, and reasonable attorneys fees, made in connection with or arising out of Customer’s breach, of the terms in this Agreement, Customer’s use of CB’s Services, of Customer’s content posted on CB’s platform, or Customer’s purchase and use of any CB’s products or services.
d. If any qualifying claim should be filed against CB, Customer, upon notice, shall defend such claim at Customer’s expense by counsel reasonably satisfactory to CB CB need not have first paid any such claim as a condition precedent to the Customer’s obligation to defend CB.
e. Customer understands and agree that CB may monitor or review Customer’s content, and CB has the right to remove, delete, edit, limit, or block or prevent access to any of Customer’s Content at any time in CB’s sole discretion. Furthermore, Customer understands and agrees that CB has no obligation to display or review Customer’s Content.
f. Customer shall be liable hereunder for its own negligence, gross negligence and/or gross/willful misconduct.
g. Indemnification for travelling. CB understands that Customer may wish to travel to Colombia or another country to visit another Member. Customer may wish to sign up for or attend a social event organized by CB while travelling. Customer is solely responsible for all travel related expenses, and Customer agrees to indemnify, defend, release, hold CB harmless from any and all claims, whether sounding in tort, contract, criminal, or civil liability, made in connection with such travels or social events.
8. Customer Required Disclosures.
a. All Customers, prior to being approved for membership, shall submit to a Criminal Background Check conducted by the appropriate and requisite law enforcement agencies. The fee for such check shall be deducted from Customer’s application fee.
i. CB retains the sole discretion to deny membership based on the results of the Criminal Background Check.
b. International Marriage Broker Regulation Act of 2005: Customers, who are United States Citizens, are required to and agree to disclose the following, as required by IMBRA
i. Customer’s prior marital history
ii. Financials
iii. Criminal History: Required but not limited to, sex offender public registries.
9. Licensing and permits
a. By uploading Customer Content, Customer represents and warrants to CB that Customer has all necessary rights and licenses to do so and automatically grants CB a license to use Customer’s Content. Further, Customer acknowledges and agrees that Customer’s Content may be viewed by other Members, and potentially allow third parties to view the same, despite this Agreement otherwise.
b. By creating an account and uploading content and data to CB’s forum, Customer grants to CB a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Customer’s Content, including any information Customer authorizes CB to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. CB’s license to Customer’s Content shall be non-exclusive, except that CB’s license shall be exclusive with respect to derivative works created through use of CB’s services. Customer permits and authorizes CB to use, at their discretion, Customer’s likeness, name, image, or other unequivocal aspects of Customer’s identity.
c. Customer agree that CB may access, preserve, and disclose Customer’s\ account information, including Customer’s Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to Customer’s requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
10. Terms of Payment.
a. Membership.
i. Customer shall apply for and be approved for Membership to CB in order to access and use CB’s services. Once approved, Customer shall pay a membership fee of either $30.00 per month or $28.50 per month (“Membership Fee.”) Please refer to page one for the pricing structure. When you apply for membership, please select your pricing structure at that time. Pricing structures can be changed with 30 day- notice.
ii. Membership to CB’s services commences upon the date of receipt of payment Membership Fee by CB, known as the effective date, and shall expire 30 days from the effective date (“Membership Period.”
iii. Customers Membership shall be terminated after 30 days if Membership Fee is not paid.
b. Pay per communication
i. Customer shall also be entitled to communicate directly with other Members of CB. In order to communicate with another Member, Customer shall select the Member that they wish to communicate with and pay a fee of $7.00 or $5.50 for each message to another Member. Please refer to the pricing structure listed above.
ii. Customer shall not gain access or be entitled to communicate with any other Member until such payment is made.
iii. Customer agrees not to attempt to or in fact contact another Member through other channels of communication outside the scope of CB’s platform or services, until such payment to CB has been tendered and received.
c. Any other services or products.
i. CB may, from time to time and at CB’s sole discretion, arrange, organize, or plan a social gathering.
ii. Members are entitled to attend such events. Purchase prices for admission to such events shall be determined per event.
iii. Customer shall pay the stated purchase price at the time of seeking admission to such event. CB reserves the right to revoke admission to such event, without refund.
d. Refunds
i. Generally all purchases are final and nonrefundable and there are not refunds for partially used products or communications that do not receive a return communication.
11. Traveling and Meeting; Waiver of Liability
a. At any time Customer may wish to travel or meet another Member at a mutually agreed upon location. Customer agrees that CB does not organize such travel or meetings, nor is it obligated to or assume obligation of the same.
b. Customer acknowledges and agrees that if should Customer desire to travel or meet another Member, regardless of location, circumstance, or coordination, or any other travel related activities taken on Customer, such conduct comes with certain inherent risks that cannot be eliminated regardless of the care taken to avoid such injuries. The specific risks vary but the risks range from (1) cancelled or delayed travel accommodations, (2) loss of finances related to another Member’s misrepresentations or prohibited use of the Services, or (3) bodily injury or even death as a result of accident, crime or criminal act, terrorism, war, civil unrest, riot, detention by a foreign government, arrest or other act of any government or authority. Customer acknowledges that this list is not inclusive of all possible risks associated with the travel and meeting.
c. Customer agrees that by participating, traveling, participating in travel related activities, or meeting other Members, Customer accepts some risk. Customer agrees that their safety is primarily dependent upon Customer taking proper care of themselves. It is Customer’s responsibility to know what they will need for such travel or meeting and to prepare accordingly.
d. In consideration for being permitted to use CB’s services and for CB providing a platform on which Customer is able to communicate and potentially meet another Member/s, Customer, for their themselves, their heirs, personal representatives, and assigns do hereby, release, waive, discharge, and covenant not to sue Colombian Bella, Inc., its each of its representative managing partners, officers, directors, employees, agents, assigns, successors, servants and representatives, or service providers, from liability form any and all claims including but not limited to the negligence of CB, its officers, agents, or employees, resulting in personal injury, economic injury, accidents, or illnesses, property loss, and damages arising from, but not limited to the travel and meeting of any other Member.
e. The indemnity provisions included herein apply in full force and effect to Customer’s travels and meetings.
12. Disclaimer.
a. CB PROVIDES ITS SERVICES ON AN ‘AS IS’ BASIS AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, AS PERMITTED BY LAW, INCLUDING ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO CB’S SERVICES AND PRODUCTS. CB EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY, WARRANTLY OF FITNESS FOR A PARTICULAR PURPOSE. CB DOES NOT REPRESENT OR WARRANT THAT (A) CB’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN CB’S SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION CUSTOMER OBTAINS ON OR THROUGH CB’S SERVICES WILL BE ACCURATE. FURTHERMORE, CB MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE MEMBERS AT ANY TIME; MEMBERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET CUSTOMER, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY MEMBERS THAT CUSTOMER MEETS THROUGH THE SERVICES.
13. Termination of Membership and Account.
a. If Customer wants to terminate his or her Membership with CB, then Customer may do so at any time. Customer shall not be entitled to refund or proration of any portion of the Membership Fee and/or Communication Fee should Customer decide to terminate their Membership during the Membership Period and there is balance left.
b. CB reserves the right to investigate, and if appropriate, suspend or terminate Customer’s account without a refund if Customer has violated these Terms, misused CB’s Services, or behaved in a way that CB regards as inappropriate or unlawful, on or off CB’s Services. CB reserves the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give Customer prior notice, including, but not limited to, preventing Customer from accessing the Services.
14. Limitation of Liability.
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CB, ITS REPRESENTATIVES, MANAGING PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, SUCCESSORS, SERVANTS AND REPRESENTATIVES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, 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 SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MATCH’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MATCH FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
b. Customer releases and covenants not to sue CB its representative managing partners, officers, directors, employees, agents, assigns, successors, servants and representatives, or service providers from or for any and all liability and expense attributable to any injury, property damage, lost wages, economic loss, emotional distress, psychic injury, pain or suffering of any kind whatsoever in any way resulting from or arising out of Customer’s use of CB’s services, purchase and use of CB’s products, Customer travel, and all related activities, to meet a Member, or Customer’s meeting with any other Member.
15. Entire Agreement. This Agreement sets forth the entire agreement between the undersigned, and fully supersedes any and all prior and/or contemporaneous agreements or understandings between the undersigned, which pertain to the subject matter hereof. The terms of this Agreement may not be contradicted by evidence of any prior or contemporaneous agreement, and no extrinsic evidence whatsoever may be introduced to vary its terms in any judicial proceeding involving this Agreement.
16. Modification. This Agreement may be modified at any time by CB. Upon amendment, CB shall post its new terms with amendments and make such available to all Customers. Customer shall routinely check the terms for any amendments.
17. Dispute Resolution.
a. The existence, validity, construction and operation of this Agreement, and all of its covenants, agreements, representations, warranties, terms, and conditions, shall be determined in accordance with the laws of the State of South Carolina. Any lawsuit, claim, or other legal proceeding arising out of or relating to these Standard Terms shall be brought exclusively in the federal or state courts located in or covering Greenville County, South Carolina, USA and CB and Customer hereby submit to the personal jurisdiction and venue of the state and federal courts located in or covering Greenville County, South Carolina. Customer agrees to reimburse CB for the costs and expenses (including reasonable attorney's fees) incurred by the CB in such proceeding. The action shall be filed within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
18. Severability. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to be part of this Agreement.
19. Assigns and Successors-in-Interest. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the undersigned hereto.
20. Agreement Fully Read and Understood. By using CB’s services and purchasing products, Customer agrees to be bound to by the terms in this Agreement as amended from time to time. If Customer does not accept and agree to be bound by the terms of this Agreement, then Customer is instructed not to use the products and services of CB.