Terms And Conditions
Statement of Purpose
DISCREET LOBBY is a private platform providing a service for individuals who wish to communicate online with each other, to develop a network of friends and acquaintances for social reasons only.
By completing your application for membership in DISCREET LOBBY, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and conditions contained herein and agree to comply and abide by them.
1. Acceptance of Terms.
- By completing your application for membership in DISCREET LOBBY, you acknowledge that you have read the Terms and Conditions of Membership, and that you accept the terms and conditions contained herein, and agree to comply and abide by them. Users acknowledge that this TOS is a contract between Users and Discreet Lobby, even though it is electronic and is not physically signed by Users and Discreet Lobby, and it governs your use of the Service.
- Discreet Lobby reserves the right to change our TOS as our business evolves.
Discreet Lobby will notify Users of any material change within a reasonable time frame via email, blog or on our Site. Users can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if Users use the Service after that date, Users will agree to accept revised terms. If any change to this TOS is not acceptable to Users, please do not use our Service and delete your Discreet Lobby account.
- Users are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of other project Users. Users can NEVER, under no circumstance, transfer or share their account with other users as doing so may result in the account being removed.
- If Users are more than one person (example: a couple), all involved entities signified at registration are responsible for the applicable company policies, obtaining any legally required member consent to such policies, and for ensuring that all uses of the Services comply with applicable federal, state and/or international privacy laws, including but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. Â§ 2510 et seq. The main User is considered the one who pays for the account.
- By using our Services, Users affirm that you are at least legal age of local residence. Users represent that you fully understand and are in compliance with the terms and conditions in this TOS. Do not use our Service if you are under legal age. If we become aware that you are using the Service if you are legal age, we will deactivate your account.
- Management of DISCREET LOBBY reserves the right, at its sole and absolute
discretion, to refuse membership to any person, or to terminate any members membership, without notice, for any reason whatsoever, including but not limited to
failure of a member to comply with the Terms and Conditions of Membership
2. Description of Service.
Discreet Lobby provides an online media, dating, collaboration and community tool (the «Service) that allows multiple users to learn about multiple subjects related to relationships and sexuality, as well as connect with like-minded, consenting adults by providing the adequate tools to do so. The type and number of tools and services will depend on which Paid Plan User is on. Discreet Lobby reserves the right to make updates or modification to its Service from time to time. If Discreet Lobby determines any modification may result in reduction in the Services’ functionality or features, Discreet Lobby may notify all users via email or on the Site.
The «Service» does not include User Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not Discreet Lobby designates them as «official integrations». Any modifications and new features added to the Service are also subject to this TOS. Discreet Lobby reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Discreet Lobby.
3. Access and Use of the Service.
- You may only use the Service for lawful, authorized purposes and you may not misuse the Service in any way. See Section 6 for specific prohibited uses of the Service. Users shall promptly notify Discreet Lobby if you learn of a security breach related to the Service.
- Any software that may be made available by or on behalf of Discreet Lobby in connection with the Service, including Discreet Lobby’s mobile applications, («Software») contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Discreet Lobby only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
- Discreet Lobby reserves the right to use User name and location as a reference on our site for marketing and promotional purposes. Discreet Lobby may also use User name and company to promote to potential consumers. For example, we might list your User name on one of our webpages under lists of Discreet Lobby customers. If you do not wish to be used as a reference, please contact firstname.lastname@example.org stating that you do not wish to be used as a reference.
- In our efforts to keep our site a place where members feel comfort in joining registered sex offenders are prohibited from using our site. Once we determine a user’s status as a sex offender, we immediately remove the account and all information in it. If you encounter an account that may belong to a convicted sex offender, please report it and we will review the information.
4. User Data Rights and Related Responsibilities.
- «User Data» means any data and content uploaded, post, or made available via the Services by Users. «User Data» includes uploaded files, all contents within uploaded files, profile information, intra-site communications and anything else you enter or upload into the Service. Discreet Lobby will make commercially reasonable efforts to ensure that all facilities used to store and process User Data meet a high standard for security .
- In order for us to provide the Service to you, we require certain rights with respect to User Data. For example, we need to be able to transmit, store and copy User Data in order to display it to other members, to index it so you are able to search it, to make backups to prevent data loss, etc. Acceptance of this TOS gives Discreet Lobby the permission to do so and grants Discreet Lobby any such rights necessary to provide the service to all Users. This also includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
- If any users send us any feedback or suggestions regarding the Service, you grant Discreet Lobby all rights to use such feedback or suggestions for any purpose without any obligation to you.
- Users are solely responsible for the content of User Data, and all communications while using the Services. Discreet Lobby is not responsible for the accuracy, appropriateness, or legality of User Data or any other information Users may be able to access using the Services. The Services provide features that allow Users to share User Data and other materials with others or to make it public. Please think carefully what is shared or made public.
- Users will be able to signal inappropriate content to Discreet Lobby. The flags are the following:
Uncivil, unneighbourly or offensive Racism Not relevant or annoying Safety issue or illegal Commercial or spam Posted in error
- Members acknowledge and agree that all content produced by this Site or its members become the tangible and intellectual property of DISCREET LOBBY Inc and is copyrighted accordingly. Any content produced by this club may be used by DISCREET LOBBY for any business purpose whatsoever.
- If Users select a Paid Plan, User must provide your current and accurate billing data. A valid Credit Card and Billing information is required to complete the purchase. By subscribing to the Monthly Subscription, Users are authorizing Discreet Lobby to charge their Credit Card during Users’ billing cycle. Paid Plan users will be charged based on the plan pricing as explained above. User can update their billing information under their Discreet Lobby Account to update Credit Card information. User agree that failure to update billing information will result in continuing to charge the payment method on file. You agree to pay Discreet Lobby in accordance with the terms set forth on the Site and this TOS, and you authorize Discreet Lobby or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
- If a member has established automatic withdrawal for payment of membership fees, and that membership terminates for any reason, it is the members responsibility to cancel the automatic payment. By default the membership recurring billing is switched on.
6. User Responsibilities
All members acknowledge and agree that the information they provide shall be honest and accurate as to his or her personal details. Each member acknowledges and agrees that any information he or she submits to DISCREET LOBBY for publication can be used, unconditionally, by DISCREET LOBBY. Users also agree not to:
- upload, post, transmit, or otherwise make available any of User Data that is unlawful or illegal, libelous, or invasive of another’s privacy
- use the Service to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Discreet Lobby employee or other Member, or misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise the origin of any of User Data;
- upload, post, transmit, or otherwise make available any User Data that you do not have a right to under any law or under contractual or fiduciary relationships;
- upload, post, transmit or otherwise make available any of User Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- interfere with or disrupt the Service or servers or networks connected to the Service;
i. modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violates any applicable local, state, national or international law in connection with your use of the Service, including
- use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- use the Service to engage in any unlawful or illegal activities; and/or
m. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- Members will not harass, abuse or insult other members and will not use offensive or obscene words, names or phrases in any of their online communications.
- Any unsolicited commercial or promotional messages sent to other members are considered SPAM and will result in immediate account termination. Prohibited activities includes promoting another website (of any type), another club or posting or publishing a party invitation to other than specific members. It is our intention and desire to protect our members from all manner and types of spam. If you as a Member, have been offended by the acts or behavior of another Member who has violated the DISCREET LOBBY Code of Conduct or any of the terms and conditions of this Membership Agreement, it is your responsibility to report such behavior to DISCREET LOBBY management. Upon receiving such notification, DISCREET LOBBY will monitor the E-mail of all of the parties involved. If offensive behavior continues, membership of the offending member(s) will be terminated, at the sole discretion of DISCREET LOBBY. Further, if any monitored E-mails contain language involving threats, or any other violations of law, such E-mails will be forwarded to the appropriate law enforcement agencies. You acknowledge that Discreet Lobby and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of User Data that is available via the Service.Without limiting the foregoing, Discreet Lobby and its designees shall have the right to remove any User Data that violates this TOS. Users must carefully evaluate all risk with the use of User Data, including any reliance on the accuracy, completeness, or usefulness of User Data. You acknowledge, consent and agree that Discreet Lobby may access, preserve and disclose your account information and User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of User Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Discreet Lobby, its users and the public.
- This TOS will continue in full effect unless and until your User Account or this TOS is terminated as described herein. All service plans will automatically renew for additional months/year depending on which plan and recurrence User has chosen. Users have the right to delete their account or cancel their paid subscription at any time by accessing Account information on the Site. Discreet Lobby will not automatically terminate your account unless specifically requested.
- Discreet Lobby reserve the right delete your account if Discreet Lobby determines that Users have violated rules and conditions as stated in this TOS.
- Profile Data in expired subscriptions for Discreet Lobby will be deleted.
- Data backups has a retention policy of 90 days.
- Discreet Lobby reserves the right to terminate all inactive free plan users if there are no activities within the last 365 days. If a User remains inactive, ie. does not login to reactivate their Discreet Lobby account within a week’s time after notification, then Discreet Lobby will delete the account and associated data.
- Discreet Lobby stores personal data from deleted accounts and associated files up to 90 days. All data will be deleted post 90 days unless User reactivates their account.
- All accrued rights to payment and the terms of Section 5 and Sections 8 through 20 shall survive termination of this TOS.
- Lifetime Membership, a lifetime membership is for the lifetime of the website or its current ownership. Lifetime does not mean your lifetime. DISCREET LOBBY inc keeps the right to cancel a lifetime membership at any time for any reason. If you cancel your own lifetime membership and decide later to create a new account, its up to DISCREET LOBBY inc to decide a reinstatement of your lifetime membership. If an account is not used for 180 days, the account will be removed. In case a lifetime membership is sold or offered for sale, the account will be deleted.
- If a membership is terminated for any reason, whether by DISCREET LOBBY or the member, no refund will be given for any prepaid portion of the membership fees.
8. Disclaimer of Warranties.
- The service may at times undo scheduled or emergency maintenance due to updates or other causes beyond our control. Discreet Lobby will make every reasonable effort to provide advance notice of any Service disruption.
User understand that User Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while Discreet Lobby will make every effort to ensure that informations provided to third party vendors and hosting partners are transmitted securely, Discreet Lobby cannot guarantee that these transmissions will be encrypted. Users acknowledge that Users bear sole responsibility for adequate security, protection and backup of User Data. Discreet Lobby is not liable for any unauthorized access or use of any of User Data, or any corruption, deletion, destruction or loss of any of User Data.
- DISCREET LOBBY cannot be held responsible for any actions or statements of any of its members, nor any actions resulting from the illegal or irresponsible actions of any of its members or for any actions by any third party resulting from membership to DISCREET LOBBY.
The service provided is an ‘as seen’ basis and because of the immense variety of selection and matching criteria does not offer any guarantees that suitable matches will be found. DISCREET LOBBY will endeavor to provide a level of service as indicated in all published materials.
DISCREET LOBBY agrees to the best of its ability to keep private any information submitted by members which is not for public display but, however, cannot be held responsible for any illegal actions by any third party which breaches this agreement.
- THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND DISCREET
LOBBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS ACKNOWLEDGE THAT
DISCREET LOBBY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DISCREET LOBBY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. Limitation of Liability.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL DISCREET LOBBY BE LIABLE TO USERS OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL IN CONNECTION WITH THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES SHALL DISCREET LOBBY BE LIABLE TO YOU FOR ANY
AMOUNT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, DISCREET LOBBY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Dispute Resolution/Arbitration.
Please read carefully: In order to expedite and control the cost of disputes, Users and Discreet Lobby agree that any legal or equitable claim arising out of or relating in any way to Users’ use of the Services or this TOS will be resolved as follows:
- Informal Resolution. We will first try to resolve any Claim informally. Both parties may not start a formal proceeding for at least 30 days after an official notice of the Claim in writing.
Notice of the Claim will include a written statement that includes the name, address, and the party’s contact information, the facts giving rise to the dispute, claim, or controversy and the relief requested. You will send your notice by email to email@example.com AND to the address listed directly to :DISCREET HOLDINGS INC
140 Yonge St
Canada, M2R 3V1
- Formal Resolution. If we cannot resolve a Claim informally, any asserted Claim will be resolved only by binding arbitration and not in courts of general jurisdiction. No civil action concerning any dispute arising under this Agreement shall be instituted before any court and all such disputes shall be submitted to final and binding arbitration by a three man panel. Each party shall select one arbitrator, who will in turn select a third arbitrator. All costs and expenses of the arbitration, including actual attorney’s fees, shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Further, the parties hereto expressly agree that proceeding to arbitration
and obtaining an award thereunder shall be a condition precedent to the bringing or
maintaining of any action in any court with respect to any dispute arising under this Agreement, except for the institution of a civil action to maintain the status quo during the pendency of any arbitration proceeding.
11. STATUTE OF LIMITATIONS.
Regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with Discreet Lobby within one (1) month after such Claim or cause of action arose or be forever barred.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Discreet Lobby respects the intellectual property of others, and we ask our Users to do the same. Discreet Lobby may, at its discretion, disable and/or terminate the accounts of Users who are repeat infringers. If Users believe that your data, your pictures, your videos have been
copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Discreet Lobby’s with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
By email: firstname.lastname@example.org
Users shall defend, indemnify, and hold harmless Discreet Lobby from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of User Data, or Users’ misuse of the Service.
Discreet Lobby shall provide notice to Users of any such claim, suit or demand. Discreet Lobby reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Discreet Lobby’s defense of such matters.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
15. Integration, Modification, and Authority.
This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS. All modifications to this TOS must be in a writing signed by both parties that expressly by its terms modifies or waives a provision of this TOS, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Discreet Lobby in any respect whatsoever.
16. Choice of Law and Forum.
The TOS shall be governed and enforced by the laws of the State of Florida without regard to its conflict of law. This Agreement is made by the parties in the State of Florida and the United States of America, and is to be construed, interpreted, enforced and governed by and in accordance with such laws (excluding the principals thereof governing conflicts of law) and federal law, in the event, and only to the extent, federal law preempts the law of the State of Florida. Venue for any litigation concerning this Agreement shall be Miami-Dade County, Florida. The parties hereby waive any right to demand trial by jury for any litigation arising out of or in connection with this Agreement.
17. Waiver and Severability of Terms.
Discreet Lobby’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
18. No Right of Survivorship and Non-Transferability.
If Users are a living person, User agree that your account is non-transferable and your rights to the content within your account terminate upon your death.
19. Government Users.
Nothing herein makes Discreet Lobby a government contractor for any federal, state, local, or foreign government.
20. TERMS OF SALE
Discreet Lobby Paid Plans Discreet Lobby offers different pricing package: Trial and Paid. All users are subject to Discreet Lobby’s Terms and Conditions as described below:
21. Active Users
Active Users are defined as any users who have signed up or logged into Discreet Lobby and visited Services in your account at least once during the annual billing cycle.
22. Refund Policy
Discreet Lobby will not offer a full refund unless major problems and bugs exist within our system and are not fixed in a timely manner. It is Users` responsibility to inform Discreet Lobby of any errors. A user may submit a request for refund by stating out the appropriate grounds for a refund. Discreet Lobby will consider each individual refund request but is not obligated to grant User(s) a refund just based on the submission of a request. Active user billing may result in credits being added to your account. These credits are also not refundable but they are not expirable and will be used by Discreet Lobby for any further subscriptions in your account.
Our Zero-Tolerance Policy
We utilize a network of industry-leading automated and manual moderation and review tools, systems, and processes – and invest significant resources – to prevent, monitor, and remove inappropriate behavior (impersonation, harassment, and more) from our app.