You should read these terms and conditions in full.
Badoo is a social media website and app designed as a forum for meeting new people, a place to have discussions and to share photos, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Badoo in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Badoo Community Guidelines and Safety Tips (collectively, the “Terms”). When we mention “Badoo”, we mean www.badoo.com, together with affiliated websites and applications.
The Terms constitute a binding legal agreement between you as user (“you”) and the Badoo Group (“we” or “us”). The Badoo Group includes, but is not limited to, Badoo Trading Limited (an English company whose registered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS), Social Online Payments Limited (a company incorporated in Ireland under company number 496494) and Social Online Payments LLC (a company incorporated in Delaware under company number 5214252).
The Terms apply whenever you visit Badoo, whether or not you have chosen to register with us, so please read them carefully. BY DOWNLOADING BADOO, CLICKING ON THE “I ACCEPT” (OR SIMILAR) BUTTON, OR OTHERWISE ACCESSING, USING, REGISTERING FOR OR RECEIVING SERVICES OFFERED ON BADOO YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
IF YOU SUBSCRIBE TO ANY PREMIUM SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS OF YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BADOO GROUP’S THEN-CURRENT FEE FOR SUCH SERVICES, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.
SECTION 13 OF THESE TERMS INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A USER WHO SIGNED UP FOR BADOO BEFORE 27 MAY, 2021, YOU HAVE A RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT PURSUANT TO SECTION 13 BELOW. IF YOU DO NOT OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 13, OR IF YOU SIGN UP FOR BADOO ON OR AFTER 27 MAY, 2021, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS ONLY; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
NOTICE TO CALIFORNIA SUBSCRIBERS: YOU MAY CANCEL YOUR SUBSCRIPTION AND REQUEST A REFUND AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED. IF YOU SUBSCRIBED USING YOUR APPLE ID, REFUNDS ARE HANDLED BY APPLE, NOT BADOO. IF YOU WISH TO REQUEST A REFUND, PLEASE VISIT HTTPS://GETSUPPORT.APPLE.COM. IF YOU SUBSCRIBED USING YOUR GOOGLE PLAY STORE ACCOUNT OR THROUGH BADOO, YOU MAY UNSUBSCRIBE IN THE APP OR BY CONTACTING CUSTOMER SUPPORT.
Badoo is a meeting place for adults. You may only use Badoo, including any of its features, or become a registered member if you are (i) 18 years old or older and (ii) be legally permitted to use Badoo by the laws of your home country.
You warrant that: (i) you have the right, authority and capacity to enter into and be bound by the Terms, (ii) all registration information you provide is accurate and complete, and (iii) that by using Badoo you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
You are able to post or upload all kinds of things on Badoo, including photographs, emails, text, messages and other content and digital media (“Content”). However, when you are using Badoo you may not post, send or upload any Content which:
Please use your common sense when picking the Content that you choose to post on, upload or send via Badoo because you are solely responsible for, and bear all liability in relation to, such Content. You agree that you will not develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate data or information from Badoo or its services, or otherwise copy profiles and other data from the services. If we determine, in our sole discretion, that you infringe our rules or violate the Terms, any Badoo user’s rights, or any third party’s rights, or if we are required to do so by applicable law, we may prevent you from using Badoo, we may disable your account or block you from further use of Badoo without notice and we may remove any such improper, infringing, or otherwise unauthorized Content you submit to Badoo.
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. You are required to follow our Guidelines and Safety Tips when doing so.
You may only use other Badoo users’ personal data to the extent that your use of it matches Badoo’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. Badoo reserves the right to terminate your account, or prevent access to its features if you misuse other users’ information.
The short answer is no. Only you are authorized to access your account with Badoo. You must not share your password with anyone or let anyone else access your account as this jeopardizes the security of all of the Content and personal data that you have submitted to Badoo. You are responsible for keeping your password secret and secure. Badoo is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting our Feedback page and telling us of your suspicions or concerns. You must also immediately change your password. Badoo reserves the right to terminate your account if you violate our rules on keeping your password secure.
When you upload Content to Badoo it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Badoo. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Badoo without any incurring liability to you. We have no obligation to display any Content that you submit to Badoo, nor to check the accuracy or truthfulness of any Content submitted to Badoo, nor to monitor your use or the use of other users of Badoo. Nonetheless, we reserve the right, in our sole discretion, to monitor any Content being uploaded to Badoo (including the Content you post), and by entering into these Terms, you acknowledge and agree that we may engage in such monitoring.
When you use Badoo you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable license to use and to upload Content and to use Badoo solely for your personal use. Apart from this license, and the rights you retain in the Content that you submit to Badoo, you have no other rights in the use of Badoo, or its Content, features, database(s) or software, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, scrape, disable, decompile, analyze or in any way exploit any of the foregoing in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately destroy any downloaded, printed or otherwise obtained Content. Furthermore, with respect to any mobile application downloaded from the Apple App Store, you will only use the application on an Apple-branded product that runs the iOS (Apple’s proprietary operating system), and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Please note though that by posting, uploading or sending Content on Badoo you represent and warrant to us that you exclusively own such Content and/or otherwise have the right to grant us the rights to use such Content in accordance with these Terms.
Please note that by posting, uploading or sending Content on Badoo you automatically grant to us a non-exclusive, royalty free, perpetual, worldwide license to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by, or notice to, you.
We have the right to disclose your identity to any third party who claims that any Content posted or uploaded by you to Badoo constitutes a violation of their intellectual property, privacy or other rights.
So that we can prevent the unconsented use of any Content that you have posted, uploaded or sent on Badoo by other members or third parties outside of Badoo, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if the Content that you have posted, uploaded or sent on Badoo is taken and used by third parties outside of Badoo.
Us! The rest of the Content, including text, graphics, user interfaces, trademarks, logos, sounds and artwork on Badoo, as well as the Badoo software and database(s) are owned, controlled or licensed by us and our suppliers and are protected by copyright, trademark, database rights and/or other intellectual property law rights.
Other than in relation to Content submitted by you to Badoo, and apart from the license we grant to you under these Terms, you do not have any rights in relation to the Content on Badoo and you agree that you will not use any Content in any manner which may infringe our or any third party’s rights. All other rights that are not expressly granted under these Terms are reserved by Badoo and its licensors. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of Badoo or the Content contained on Badoo (other than the Content submitted by you).
Badoo offers you the opportunity to pay for certain services offered on Badoo (“Premium Services”). Badoo’s Premium Services include various opportunities to find and meet additional people, to customize your profile and to boost your profile so more people find you. All of these Premium Services can be purchased after you register, and you may subscribe to the Premium Services for various lengths of time as described within Badoo.
You may also buy credits that may be redeemed towards Premium Services (each, a “Credit”).
Paid for services are not available in sanctioned countries.
If you order any Premium Services or Credits on Badoo, you agree to pay for them in accordance with the billing terms in effect at the time of purchase. You may purchase Premium Services or Credits through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through a third party platform such as the Apple App Store or Google Play Store (each, a “Third Party Store”), or (b) paying with any credit or debit card that we accept or (c) a PayPal account or (d) any other payment method available to you at your current location from time to time. Once you have requested a Premium Service or Credit, you authorize us to charge your chosen Premium Payment Method. If we do not receive payment from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us.
Yes. Badoo may also offer users the ability to automatically refill their Credits with our Auto Refill feature (“Auto Refill”). By default, our Auto Refill feature is turned on, your Credits will be automatically refilled to an amount equal to the amount you initially paid using such feature and your Premium Payment Method will be automatically charged when your Account has 200 Credits or less. You can change your Auto Refill at any time in your payment settings on your account’s profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.
Premium Services may be provided as automatically-renewing subscriptions (e.g., an automatically renewing one-week subscription, one-month subscription, or three-month subscription.). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE INITIAL SUBSCRIPTION PERIOD AND EACH SUBSEQUENT RENEWAL PERIOD AT BADOOS THEN CURRENT PRICE FOR SUCH SUBSCRIPTION, UNLESS YOU CANCEL. To avoid charges for a new subscription period, you must cancel at least twenty four (24) hours before the end of the prior subscription period as described below. Deleting your account or deleting the application from your device DOES NOT cancel your subscription. You will be given notice of changes in the pricing of the Premium Services for which you have subscriptions and an opportunity to cancel. If Badoo Group changes these prices and you do not cancel your subscription, you agree that you will be charged at Badoo Group’s then-current pricing for subscription.
If you purchased Premium Services or a subscription directly from Badoo Group, you may change your Premium Payment Method via the payment settings option under your profile. If you purchased a subscription directly from Badoo Group or the Google Play Store and you would like to cancel your subscription, you may do this following the instructions in the App – canceling your Premium Payment Method DOES NOT cancel the subscription. If you purchased a subscription through the Apple App Store, you will need to access your account with Apple and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but your subscription will not be renewed when that period expires and you will then no longer be able to use the Premium Services enabled by your subscription.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Badoo) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Badoo. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through Badoo directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or cell number associated with your account along with your order number. This notice shall be sent to: Badoo, Attn.: Cancellations, P.O. Box 300940, Austin, Texas, 78703 (in addition, California and Ohio members may send a facsimile to 512-696-1545).
The Premium Services and Credits are not transferable, whether for free or as a sale or barter transaction, and Badoo does not recognize any purported transfers of Premium Services or Credits. Accordingly, you may not trade, sell, gift or attempt to sell any Premium Services or Credits for value of any kind. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.
No. Unused Credits expire 6 months after the date of purchase (unless the credits are purchased through the Apple App Store). If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
The payments required under Section 3 of these Terms do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Badoo Group determines it has a legal obligation to collect a Sales Tax from you, Badoo Group shall collect such Sales Tax in addition to the payments required under Section 3 of these Terms. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Badoo Group, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Badoo Group for any liability or expense Badoo Group may incur in connection with such Sales Taxes. Upon Badoo Group’s request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You agree to make all payments of fees to Badoo Group free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Badoo Group will be your sole responsibility, and you will provide Badoo Group with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Badoo is provided on an “as is” “as available” basis. NO WARRANTY IS GIVEN ABOUT THE QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF BADOO AND WE RESERVE THE RIGHT TO SUSPEND, WITHDRAW, AMEND, MODIFY OR VARY THE SERVICE PROVIDED ON BADOO WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY TO YOU.
You are responsible for making all the necessary arrangements to ensure you can access Badoo (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Badoo through mobile services or any similar service currently known or developed in the future.
By entering into these Terms or using Badoo, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of Badoo. By accessing Badoo or agreeing to receive messages or notifications from Badoo through your cell phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges. You may opt-out of receiving certain communications by unsubscribing.
Non-registered users are able to access only that portion of Badoo that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Badoo will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
If you have registered for an account on Badoo, you can terminate your account at any time by going to the ‘Settings’ control on Badoo when you are logged in and choosing the ‘delete profile’ link. We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to Badoo. You will therefore be able to restore your account and your profile in its entirety within 28 days of deactivating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to Badoo. For further details, please refer to our Privacy Policy.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
Following termination of these Terms and/or your account, the Content that you have uploaded to Badoo, other than your profile (such as comments or email messages), may still appear on Badoo following termination of your registration, although Badoo may delete such information. In addition, termination of these Terms and/or your account includes removal of access to your account, and all related information and Content associated with or inside your account. We reserve the right to enforce all rights in connection with any Content that remains active or otherwise available on Badoo or its services.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, dispute resolution provisions, and limitations of liability.
You can report any abuse or complain about Content on Badoo by contacting us via our Feedback page, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
We reserve the right to help attempt to resolve any issue that you may encounter with any other users of our service.
NO. YOU UNDERSTAND THAT IN THE ORDINARY COURSE OF BADOO’S OPERATIONS, BADOO GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE REGULARLY INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BADOO GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. BADOO GROUP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, to the maximum extent permissible under applicable law, release Badoo Group and its affiliates, and their respective officers, directors, employees, agents, representatives and successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of Badoo. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
We process information in accordance with our Privacy Policy which is incorporated into these Terms and Conditions of Use. Please read the terms of our Privacy Policy prior to using Badoo.
Badoo may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Badoo, and expressly disclaim any liability for Content uploaded by you or by any other user.
The information and Content contained on Badoo is provided by Badoo Group on an “as is”, “as available” basis. BADOO DOES NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND ABOUT BADOO OR THE INFORMATION CONTAINED ON BADOO, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF BADOO AND THE INFORMATION AND CONTENT AVAILABLE ON IT IS AT YOUR SOLE RISK.
Badoo cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Badoo is free of viruses or other harmful components. You accept that Badoo will not be provided uninterrupted or error free, that defects may not be corrected or that Badoo, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Badoo is not responsible for any damage to your computer or device hardware, software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Nothing in the Terms limits or excludes our liability for:
TO THE FULLEST EXTENT PERMITTED BY LAW, BADOO GROUP EXPRESSLY EXCLUDES, DISCLAIMS AND SHALL NOT BE LIABLE FOR:
IN NO EVENT WILL BADOO GROUP’S TOTAL LIABILITY TO YOU IN RESPECT OF BADOO AND ANY LOSSES ARISING UNDER OR IN CONNECTION WITH YOUR USE OF BADOO OR THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE) EXCEED THE GREATER OF (I)$50 USD, OR (II) THE AMOUNTS PAID BY YOU TO BADOO GROUP DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
If we are sued as a result of your use of Badoo then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
To the fullest extent permitted by applicable law, you agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Badoo, your interactions with any other users of Badoo, the uploading or submission of Content to Badoo by you or your conduct, your violation of any law or of any rights of any third party, and/or any other negligent or willful misconduct by you (“Claim”). Badoo retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
Badoo Group has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”) of the United States. If you believe any Content on Badoo infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Badoo Group’s Copyright Agent as identified below, including the following:
Any DMCA Takedown Notices should be sent to Badoo Group’s Copyright Agent at: [email protected] or Badoo, attn: DMCA Takedown Notice, P.O. Box 300940, Austin, Texas, 78703 (in addition, California and Ohio members may send a facsimile to 512-696-1545).
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH BADOO GROUP AND LIMITS THE MANNER IN WHICH YOU SEEK RELIEF FROM US.
What Are The Rules Of Arbitration? Subject to the United States Federal Arbitration Act, the laws of the state of Texas (excluding any conflict of law principles that would require the application of the law of a different state or jurisdiction) governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and you cannot obtain a fee waiver from JAMS, Badoo Group will reimburse you for those costs after the arbitration. In addition, Badoo Group will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims totalling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law principles. The United Nations Convention on Contracts for the International Sales of Goods does not apply to these Terms. In the event there is a discrepancy between this English language version and any translated copies of these Terms, the English version shall prevail.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change, and/or require you to consent to such Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms, you must stop using Badoo immediately. Your continued use of Badoo following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of Badoo and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to the Terms.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Badoo Group’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Where Badoo Group requires that you provide an e-mail address, you are responsible for providing Badoo Group with your most current e-mail address. In the event that the last e-mail address you provided to Badoo Group is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Badoo Group’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Badoo Group at the following address: Badoo, Attn.: E-mail Notice, P.O. Box 300940, Austin, Texas, 78703 (in addition, California and Ohio members may send a facsimile to 512-696-1545). Such notice shall be deemed given when received by Badoo Group by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
The communications between you and Badoo Group may take place via electronic means, whether you use Badoo or send Badoo Group emails, or whether Badoo Group posts notices in Badoo or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Badoo Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Badoo Group provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
You represent and warrant that:
By using Badoo, you agree and acknowledge that Badoo is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Badoo, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
If you are a California Resident the following applies to you: In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The following additional terms and conditions apply to you if you download Badoo from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to Badoo and the Third Party Store. You acknowledge and agree that:
www.badoo.com is an app and site owned and operated by Badoo Trading Limited.
We are registered in England under company number 07540255.
Our registered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS.
The Terms were last updated on: May 27, 2021.