Rules and Policies

To use the Website you have to be an adult (or at least 18 years old) and have no legal restrictions to use the Website or its Services.

The registration on the Website is free of charge. To use the Website you have to create an account using your email address, username, password, gender, and date of birth. You may also use the credentials of your Google account to accomplish the registration.

There are some limitations imposed on the Profile. They are as follows:

• You should use your real name to avoid any impersonation of other Users of the Website;
• Your username should not be subject to any rights of the other person, i.e. you should not use the other person’s name; or
• Your username should not contain any offensive, vulgar, or obscene language;
• Your profile should not contain any contact information of yours such as telephone numbers, links to social media accounts, email addresses, etc.

Please note, the breach of the above may result in deletion of your account or other soft blocks or sanctions without any liability to you.

The Website may not be used for any commercial purpose. The Website and the Services are not for commercial use and thus may not be used by any legal entity of any legal form under any circumstances.

Before using the Website and within the use thereof you represent and warrant that:

• a court has never found you guilty in any criminal matter;
• in any way you have not been considered as a sex offender by any state authority;
• all the information you published on the public pages on the Website is and shall be accurate, true, correct, and up to date;
• any change in your contact details, including email shall be shared by you with us in a reasonable manner;
• you shall comply with all and any applicable legislation while using a Website;
• you are in full legal capacity to enter into this Agreement and properly fulfill any obligations specified in it;
• there are no legally prohibited activities that you were, are, or will be engaged in.

This is the list of activities that are strictly prohibited on the Website.

• It is not allowed to share personal data on any public page of the Website. Please note, while sharing any personal data in any communication with other Users on the Website you are acting at your own risk, and you hereby agree and accept such risk;
• It is not allowed to have multiple profiles;
• It is not allowed to send to any user of the Website any chain letters, commercial spam, or junk email;
• It is not allowed to harass, bull or "stalk" any person (including those, not users) on the Website;
• It is not allowed to use any technical or digital or other means to collect the data from the Website and to reproduce it in full or in part;
• It is not allowed to use any personal information or data in a way that is not allowed by the owner of such information or data;
• It is not allowed to break any intellectual property rights (including the rules for trademarks) of third parties while using a Website, including those, of the Website itself. It is also not allowed to use the design and code of the Website to make the frames or duplicates of it, as well as with any other purpose, except there was our consent for the use of the design or code of the Website, Services or any part thereof;
• It is not allowed to infringe and disrupt the work of the Website including the networks related or the Website;
• It is not allowed to use any malware on or to the Website;
• It is not allowed to collect, process, and anyhow interfere with personal data of other Users of the Website without their consent for any action stated in this para;
• It is not allowed to make any technical features that redirect the person from the Website;
• It is not allowed to use any pornographic content on the Website;
• It is not allowed to use any technology or other means to receive unauthorized access to any profile of any other User of the Website or any of the Services;
• It is not allowed to mislead, impersonate or fraud any other person on the Website or Services;
• It is not allowed to use the Website for commercial (including marketing) purposes;
• It is not allowed to use the Website for international money transfers or any type of money laundering;
• It is not allowed to use the Website for unauthorized disclosure, unauthorized retention, or negligent handling of national security information, national defense information and/or other sensitive compartmented non-public information regarding the affairs of any state (“Classified Information”);
• It is not allowed to access the Website from a jurisdiction where it is illegal or unauthorized;
• It is not allowed to create the products or services (including other sites) that may compete with the Website.

The above breaches, in case it is possible, may be considered as breaches of Terms even in the cases where such breach was done outside of a Website.

We may restrict a User from sending the emails in any 24-period to avoid any mass delivery. Such restrictions may be imposed at our sole discretion.

The Website is entitled to conduct its investigations and for this purpose to request from the Users documents and information necessary for investigation under our Privacy Policy

The Website is not limited to conducting internal investigations, background checks, or other screenings at any time and using available public records, social networks. This provision concerns any breach under these Terms and any User of a Website.

In case the Website discovers any breach committed by the User on the Website or outside of it we may deactivate your profile on the Website. We are not limited in any other legal means for the protection of the rights because of such violation, without limitation, seeking civil, criminal, and injunctive redress.

In case the Website detects or receives a credible report from the User of any unauthorized access, retention and/or disclosure of Classified Information by the User on the Website, we may inform relevant law enforcement or national security agencies. We also reserve the right to cooperate fully with any government investigations regarding unauthorized access, retention or disclosure of Classified Information.

“User Content” means any information, communication, media, and other files that the User publishes, sends, transmits, or makes publicly available on or through the Website. In addition to the requirements imposed by the “Prohibited Activities of Users” section, below is the list of additional examples of User Content that is illegal or prohibited on the Website:

• contains inflammatory religious commentaries or inaccurate or misleading quotations of religious texts;
• contains realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence including images of lethal weapons;
• contains restricted or password-only access pages, or pages requesting other Users to enter their personal or financial information, or hidden pages or images (those not linked to or from another accessible page);
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
• has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals, or other graphic material;
• infringes, violates, or misappropriates any third-party right and/or applicable law in any other way, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; promotes an illegal or unauthorized copy of another person's copyrighted work or protected by other intellectual property rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• is patently abusive and offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
• is threatening or promoting any kind of terrorism or terrorist activities;
• promotes information that is objectionable, inaccurate, false, defamatory, discriminatory, misleading, or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, discriminating, defamatory, or libelous;
• promotes or advocates for commercial sexual services, commercial sexual services involving people under the age of 18, human trafficking or other non-consensual sexual acts;
• provides images of unaccompanied minors;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and/or
• provides material that exploits people under the age of 18 sexually or violently, or solicits personal information from anyone under the age of 18.

We may prohibit providing, posting, and transmitting to other Users any kind of User Content depicting smoking, drinking alcohol, naked bodies (that do not necessarily constitute pornographic or adult content), and any other User Content.

The Website reserves the right to change or ask Users to change any inaccurate, misleading, or false User Content or profile information of the Users.

We encourage you to report any inappropriate User Content and/or activities by other user. You can submit a report through the “Report Abuse” link on a User’s profile or in the chat with a User on the Website. You may also contact our Customer Support at [email protected].

You agree that you will not submit a report about Users’ activities and/or content that is false, misleading, or otherwise manifestly unfounded, or misuse any OrchidRomance reporting mechanism available to you.

If you repeatedly misuse the OrchidRomance reporting mechanisms available to you, we reserve the right to suspend the processing of complaints submitted by you through the OrchidRomance reporting mechanisms for a reasonable period of time, after having issued a prior warning to you.

When deciding on suspension, we take into account the following circumstances:

• the total number of manifestly unfounded reports about Users’ activities and/or content submitted by you within 14 (fourteen) days following your first manifestly unfounded report;
• the relative proportion thereof in relation to the total number of reports submitted within 14 (fourteen) days following your first manifestly unfounded report;
• the gravity of of manifestly unfounded, including the nature of inappropriate content, and of its consequences;
• where we are able to identify it, your intention when submitting a report.

The Website is entitled to moderate, oversee, amend or delete any User Content for any reason without any limitation on this right. Generally, the User Content removal is linked to its noncompliance with any of the rules of the Website, including these Terms.

The Website is entitled to use the User Content, including but not limited to the photographs, testimonials, feedback, comments, endorsements for marketing purposes, advertising, or any other publication. This concerns the User Content in full or in part, and with such corrections of any grammatical, stylistic, or other similar shortcomings as we deem appropriate.

In case you want us not to use your User Content, please contact us. The details on how we use your information are contained in our

For your profile’s security you shall be obliged to do the following:

• keep your login credentials (username and password) confidential, prevent other people from having access to them;
• be liable for all activities that occur on behalf of your profile under your username and password;
• notify us immediately about any unauthorized use of your username or password or any other breach of security and ensure that you exit from your account at the end of each session;
• not to authorize others to use your account and not assign or otherwise transfer your account to any other person or entity.

Please note that we shall not be liable for any loss or damage arising from your failure to comply with this provision.

The Website is not responsible for the communication between the Users and disclaims all liability for the interaction between them. The Website is not in a position to control and have an impact on the Users and thus it is not in a position to make any guarantee as to the quality, duration, motivation of the Users, and any other similar matters.

Subject to certain conditions, a User may request the contact information of another User. The contact information will be disclosed to the requesting User only if all the conditions for the request are fulfilled and the other User has provided voluntary consent to share their details. Please contact our support for more details.

The User shall assume all risks related to interaction with any other User on the Website, including, but not limited to, sharing confidential information, sending money. The user shall also take reasonable precautions in all interactions with other Users during both online and offline interaction.

The Website does not guarantee with regards to any part of the User Content that it is reliable. Considering that each User is responsible for its contents the User hereby confirms that he or she shall not consider any User Content accurate, complete, or reliable.

Considering the above, the Website shall not be liable for any loss or damage arising from your reliance on information or other content posted on the Website or transmitted to or by any User or third party.

To facilitate the interaction between the Users we allow to send the same messages (“Icebreakers”) to the other randomly matched users. There is no limitation for the User on the number of Icebreakers to receive. So you may receive more than one Icebreaker. Icebreakers may be sent in any available means of communication.

The Services may send you email notifications when the other Users visit your profile or rate your photo.

The rating is a service that allows other users to rate the photos of your profile and vice versa. The Website has no control over the ratings. It means that each rating reflects the opinions of the Users on the Website.

The Website may only suggest the Users the photos of the other Users to rate.

Therefore, the Website shall not be liable for any harm or damage caused to the User-based on or by the rating on the Website.

You hereby agree that the Website shall be entitled to communicate with you (including, but not limited to through email communication) on any issue arising from these Terms or Services.

Any communication with OrchidRomance shall be deemed an electronic communication. This electronic communication shall consider all types of communication with OrchidRomance.

All electronic communications shall be treated the same way as they were done in writing and will have the same effect as those that are required to be done generally in official communication (including the requirements of signing, sealing the documents, etc.). For the avoidance of doubt, any notification that is done in electronic communication shall be deemed duly executed.

You agree that by providing your mobile telephone number, you give your consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Services or Website.

The Website does not charge the user for receipt of the text messages. Thus, you shall be the sole responsible for any charges that may occur within receipt of the text messages.

We may use different means for the message delivery. Thus, we are not responsible for the timeliness of the message delivery and receipt.

Please consider that the use of your mobile phone number is done under our

By providing your phone number, you consent to receive auto dialed or prerecorded calls at the phone number that you provided, including any mobile telephone number and/or a number listed on any do-not-call list, to facilitate conversations between you and other Users; or otherwise provide our Services or enforce these Terms. Standard telephone rates may apply.

Any communication over the phone call may be monitored or recorded that we have with you or anyone acting on your behalf regardless you call us or we call you.

Please note, you are not required to provide your consent to these calls as a condition of purchase on the Service.

“Termination” or “Blocking” temporary or permanent restriction of access to a User profile. The permanent restriction will trigger the deletion of all the information about the User from the servers and complete erasure of all data related to a User profile. At User’s request, we may retrieve all personal data and provide it in a comprehensive and readable form.

The decision on the merit is made each time by the Website’s authorized representative at its sole discretion.

The Termination may be done as well for non-activity of the User for at least three consecutive months.

A User may voluntarily Terminate his or her account temporarily or permanently at its sole discretion by sending a letter to

“Termination” or “Blocking” temporary or permanent restriction of access to a User profile. The permanent restriction will trigger the deletion of all the information about the User from the servers and complete erasure of all data related to a User profile. At User’s request, we may retrieve all personal data and provide it in a comprehensive and readable form.

Before blocking a User for this purpose, we check his details and activities on the Website. We may also contact the User to clarify any details necessary for investigation.

Upon investigation, the User may be blocked temporarily (“Soft Block”) or permanently (“Hard Block”).

Soft block means that the Users may restore access to their account if they follow the instructions under Section 10.3. A soft block may be applied in any of the following cases:

• Suspicious indicators on User`s payments or other activity on the Website (e.g. multiple declines of payments);
• Use of a credit/debit card of a third person to pay for the Services; or
• A disputed payment transaction (chargeback) was made on the Website by the User.

A hard block may be applied in any of the following cases:

• Payments are detected by the Website`s anti-fraud software (e.g. multiple credit cards have been used for payment ;
• Several disputed payment transactions (chargeback) were made on the Website by the User with no other claims;
• Repeated requests for refunds after multiple registrations; or
• Abusive or another inappropriate way of behavior on the Website or in communication with our customer support.

To be sure that there are no financial fraud or other similar breaches (if we have suspicious indicators of that) the Website may ask a User to undergo a billing verification. I will require uploading the identity document and a photo with a credit card to check that you are a real person and an actual cardholder who initiated the payment(s) in question.

If a person that was the User of the Website is no longer able to use the Website because of death or disability, such person or his/her legal representative or legal successor may contact us regarding termination of the account.

"Disability" means a condition that precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be submitted to OrchidRomance.

If the physician determines that the duration of the disability will be less than six (6) months, we may extend the term of the Service contract for six (6) months at no additional charge instead of terminating the account.

You hereby acknowledge and agree that OrchidRomance owns, possesses, and has the title over the intellectual property, licenses, or otherwise retains all and any proprietary rights to the Website and the Services.

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 sole and exclusive right to apply for the protection of the same on behalf of OrchidRomance and its licensors.

The Website and Service contain the objects of intellectual property of other parties such as copyrighted material, trademarks, and other proprietary information. Except for the cases where it is permitted by the Website or the Law, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

The Website provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Service. You may not post, transmit, 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.

Any activity that infringes the intellectual property rights of or on the Website or Services is not allowed.

The Website is entitled under a reasonable belief that the User infringes in any manner the intellectual property rights of the Website, Services, and or other third-party to remove or disable access to the content or the Website.

In case this type of infringement is done by using the intellectual property objects and posting them as User Content the Website shall be entitled to remove this content. This does not affect the possibility to apply the sanctions described herein.

The application of the said sanctions may be done upon the receipt of the intellectual property rights owner or holder or without it.

In case you have noticed or believe that any content made available on or through the Website or Services infringes your intellectual property right, please send us a written "Notification of Claimed Infringement". The contents of this notification should comply with the below. OrchidRomance may share your Notification of Claimed Infringement with the User who is a possible infringer, and by sending the Notification you provide us with the consent to making such disclosure.

Below are the mandatory requirements as to the "Notification of Claimed Infringement":

• It should contain a physical or electronic signature of a person authorized to act on behalf of the intellectual property rights owner that has/has been allegedly infringed;
• It should identify the material allegedly being infringed, or if multiple materials are covered by a single notification;
• It should identify the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OrchidRomance to locate the material on the Website or Services;
• It should contain the contact information that will let us contact you, such as your name, address, telephone number, and email address;
• It should contain a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
• It should also contain a statement, under penalty of perjury, that the information in the “Notification of Claimed Infringement” is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is recommended to consult with a lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.

The contact information of a designated agent of the Website for receipt of “Notifications of Claimed Infringement” is

The Website reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by applicable law.

We and our subsidiary companies, employees, owners, representatives, and agents:

• (a) expressly disclaim (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to our Service or any content on it, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, any results from the use, and non-infringement, in particular:
  • the Website or Services will meet your requirements,
  • the Website or Services will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of the Website or Services, including data, will be accurate or reliable,
  • correctness of any information that is available on the website,
  • the quality of any data or service available on the Website or Services will meet your expectations,
  • information in the profiles of its users,
  • possibility to achieve a desirable relationship and outcome or a successful experience,
  • that the particular User is using his or her profile personally, and
  • any errors in the Website or Services will be corrected.
• (b) won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
  • your inability to use our Service or any of its services, features or programs; or
  • your use of or reliance on any content on our Service;
• (c) won't be liable to you for any:
  • loss of profits;
  • loss of sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation;
  • loss of data or information, including any content; or
  • indirect or consequential loss or damage;
• (d) won't be liable to you for any content you may access while using the Website or services as well as for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
• (e) won't be liable to you for information in the profiles of the other users as well as for the behaviour of the other users. The main purpose of the Service is to create a space for communication between the users, thus, we do not check the information in the profiles of the users and do not control the actions of others.

Any content you may access while using the Website or services is accessed at your own discretion and risk. The Website or Service shall not be responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material. The Services are provided on an "as is" and "as available" basis. You accept and agree that you use the Website and the Services at your own risk;

Any content or statement that is published on the Website or Services shall not be deemed as any professional financial, medical, legal, or other advice. All the content and statements related to the Website or Services are placed here for informational and entertainment purposes.

OrchidRomance makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Website or Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

The Website has a right to change any information on the Website and on the Services at any time and in any manner. This also allows us to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) at our sole discretion with or without notice.

The User hereby agrees that the Website shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Website or Services.

PLEASE REVIEW THIS SECTION CAREFULLY. THESE PROVISIONS GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND OrchidRomance AND INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS.

This Arbitration Agreement governs any dispute between you and OrchidRomance (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and OrchidRomance, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or OrchidRomance may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

Our goal is customer satisfaction, and we believe that most disputes can be resolved without resorting to arbitration. This Pre-Arbitration Informal Dispute Process is designed to increase the likelihood of prompt and low-cost resolutions to any dispute you may have with OrchidRomance. Before seeking relief through arbitration, you and OrchidRomance agree to fist attempt to resolve any disputes informally. You can reach our customer service department at [email protected]. You understand and acknowledge that participating in this informal process is a prerequisite to initiating any arbitration or proceeding in small claims court to the fullest extent permissible under applicable laws.

Mandatory Pre-Arbitration Notice Procedure. If the dispute is not resolved through the above Informal Dispute Resolution Process, before either party commences an arbitration, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure. The Claimant must first send the other party a formal written notice of their claim (the “Notice”). The Notice must include the following details: (i) full name; (ii) account identifier(s), e.g., your account ID, profile screenshot, or anything else that allows us to identify your account; (iii) a thorough description of the dispute; (iv) your contact information; (v) if applicable, a description of all damages and requests for recovery that Claimant is seeking and how the damages or requests are calculated; and (vi) a signed statement by the Claimant personally if an individual or an executive if a company, verifying the accuracy of all of the information in the Notice. The Notice must individually describe the basis of your dispute and not any other user’s dispute. All Notices must be sent by certified mail addressed to

After receipt of the Notice, as evidenced by certified mail receipts, you and OrchidRomance agree to then negotiate in good faith in an effort to resolve the dispute for a period of 45 days. As part of these good faith negotiations, OrchidRomance may request an online conference (via Google Meet or Zoom, etc.) with you to discuss your dispute, and you agree to personally participate, with your attorney if you’re represented by counsel.

If you and OrchidRomance do not reach an agreement to resolve the claim within 45 days after the Notice is received, then you or OrchidRomance may commence an arbitration proceeding as set forth below.

THE NATIONAL ARBITRATION AND MEDIATION (“NAM”) WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES (AND/OR THE SUPPLEMENTAL RULES FOR MASS ARBITRATION FILINGS) (THE “Rules”), AS MODIFIED BY THIS AGREEMENT.

Participation in the Pre-Arbitration Informal Dispute Resolution session and Pre-Arbitration Notice Procedure is required before initiating arbitration, and, unless prohibited by applicable law, NAM must dismiss any arbitration demand and administratively close the case if the party bringing the demand has not fully adhere to the requirements outlined in this section. The arbitration administrator, unless prohibited by law, may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of these informal dispute resolution processes. Failure to do so is a breach of this Arbitration Agreement. If you or OrchidRomance do not follow the requirements of this informal dispute resolution process, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration.

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the party met the requirements of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.

If the parties do not reach an agreed-upon solution within a period of forty (45) days from the time the informal dispute resolution is initiated under the provisions above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below.

YOU AND OrchidRomance, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO BINDING INDIVIDUAL ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

You and OrchidRomance agree that any arbitration shall be governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”), as modified by the Arbitration Agreement contained in these Terms and will be administered by NAM. If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5. For a copy of the NAM Rules, please visit Rules, Fees & Forms - National Arbitration and Mediation available at https://www.namadr.com/resources/rules-fees-forms/ or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at [email protected].

Commencing Arbitration. A party intending to seek arbitration must first send to NAM a written notice of intent to arbitrate (a “Demand for Arbitration” or “Demand”) that describes the nature of the claim, the amount in controversy and the remedy sought. Demand for Arbitration must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable user account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that: (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

If you submit a Demand for Arbitration to NAM, within 7 days of delivery of the Demand for Arbitration to NAM you shall also send the Demand for Arbitration to OrchidRomance by an international courier with a tracking mechanism. If OrchidRomance sends a Demand for Arbitration to NAM, we will also send it to your email within the same 7-day period. If no email address is on file, we will send it to your other contact information associated with your account.

The requirements in this section are jurisdictional in nature. As such, NAM shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the party meets the requirements of Dispute Resolution in this Section 16. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.

Arbitration Proceeding. The arbitration will be in English and conducted by a single independent and impartial arbitrator. The arbitration will be conducted in person in the county where you live or at another mutually agreed location and, at the request of either party, may be conducted by telephone, videoconference, or written submissions. You and OrchidRomance agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (ii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Delaware in conducting the arbitration. Upon request by one or more affected parties, the arbitrator may, at their discretion, consolidate multiple arbitrations involving related claims. This consolidation aims to streamline the arbitration process, ensuring efficiency, timeliness, and cost-effectiveness. While all parties retain the right to request individualized hearings, it is important to note that the arbitrator cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Arbitration Agreement.

In the event NAM Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. If the arbitrator determines that strict application of any term of Section 16 of this Arbitration Agreement would result in a fundamentally unfair arbitration, then the arbitrator shall have authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with these Terms of Service.

You and OrchidRomance agree that the arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of this arbitration provision, including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision, except that all Disputes regarding the subsection entitled “Waiver of Certain Rights,” including any claim or Dispute that all or part of that subsection is unenforceable, illegal, void or voidable, or that that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.

Decision of the Arbitrator. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitration award is binding only between you and OrchidRomance and will not have any preclusive effect in another arbitration or proceeding that involves a different party. 

Fees. The payment of NAM fees shall be governed by the NAM Rules, except to the extent that the NAM fees and costs (including arbitrator fees) paid by either party are reallocated upon order of the arbitrator following a determination that (a) either party breached Section 16, (b) such reallocation is called for under this arbitration agreement, or (c) reallocation is otherwise permitted under applicable law. 

The parties shall bear their own attorneys’ fees and costs in arbitration an equal share of the arbitrators' and administrative fees of arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose.

Limitation to Arbitration. Notwithstanding the above, in lieu of arbitration, you or OrchidRomance may bring any individual claim in small claims court, but only if the claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court. Additionally, notwithstanding the above, the foregoing provisions of this Section 16 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event OrchidRomance or a third party breaches this Arbitration Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against OrchidRomance, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Arbitration Agreement. Arbitration is required if you reside, or if you bring a claim, in the United States or any country that enforces arbitration agreements. If you are not bringing a claim in, and are not a resident of, the United States, you may be allowed to file a claim in a court of competent jurisdiction on an individual, and not class-wide abasis in the city in which you reside under the laws of the city in which you reside, after completing the Notice Procedure.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND OrchidRomance EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT). YOU AND OrchidRomance EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST OrchidRomance. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND OrchidRomance AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID.

This dispute resolution section is reciprocal and shall not be construed against the drafting party. If any provision is not enforceable, that provision shall be severed from the agreement, and the agreement will be otherwise enforced. This Arbitration Agreement will survive any termination of your use of the Services.

The Website is entitled to change the Agreement unilaterally at its sole discretion and at any time without notice by

• posting the changed Agreement (or parts of it) to the Website; or
• otherwise giving Users notice of the changes.

The posted on the Website version of the Agreement shall be deemed effective unless there is another statement done by OrchidRomance on the date of its effectiveness.

The Users are solely responsible for checking and acknowledging the updates and changes to any legal document on the Website.

The use of the Website and its Services after changes to any of its legal documents shall be deemed that the User has accepted and joined these documents in the same manner as he or she should execute it in the course of ordinary business operations.

Any new changes to the Website or Services shall be deemed as those that are covered by these Terms.

In this clause, the terms "change" and "changed" concerning changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions, and restatements whatsoever, including adding or removing any portions of this Agreement.

The Website is entitled to assign all and any of its rights and obligations under this Agreement at any time in any manner and its sole discretion. You hereby provide your explicit consent for such change of a party to the Agreement or assignment of the rights by the Website.

You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).

Except as otherwise specified herein, this Agreement shall be governed by and construed under the laws of England and Wales.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.

The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and Wales and waive any defenses of improper venue orforum non-conveniens.

This Agreement and all other provisions referenced herein contain the entire agreement between you and OrchidRomance regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

OrchidRomance shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay OrchidRomance performance.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OrchidRomance as a result of this Agreement or use of the Service.

E-mail: [email protected]

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