Legal

BALKAN DATE TERMS OF SERVICE

Effective Date: June 28, 2025

Please read: It is the member’s responsibility to read the Terms of Service fully before creating an account.

By accessing or using www.balkandate.com ("Website") or the Balkan Date mobile application ("App") (the "Services "), you agree to be bound by these Terms of Service (“Terms”), including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Guidelines which are incorporated into these Terms by reference. These Terms are between Balkans Date Inc. (“Balkan Date”, “us”, “we” or “our”) and the member (“you” or “your”).

BY AGREEING TO THESE TERMS, YOU BECOME A BALKAN DATE MEMBER AND YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS IN DOING SO. IF YOU DO NOT AGREE WITH A PORTION OF THESE TERMS, STOP ACCESSING OR USING THE SERVICES.

Subject to applicable law, we reserve the right to amend the Terms at any time. Notice of material amendments will be posted on this page with an updated effective date, however you are responsible for checking this page for any changes. If you do not accept an amendment to the Terms, you must stop accessing the Services and it is your responsibility to do so.

SECTION 1. ELIGIBILITY.

To use the Services, you must register for an account on the Services (“Account”). To create an Account, you warrant that you meet the below eligibility criteria:

1. You are an individual at least 18 years old, or older and who has attained the age of majority and legal consent in the jurisdiction of your residence, where such age is higher than 18;
2. You have not committed, been convicted of, or pled no contest to an indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime, and we have determined that you are not likely to pose a threat to other members of the Services;
3. You are not required to register as a sex offender with any provincial, federal or local sex offender registry;
4. You are not a competitor of us and are using the Services for reasons that are in competition with us or other than for its intended purpose;
5. You do not have more than one active Account;
6. You have full power and capacity to enter into and perform these Terms;
7. You have not been previously removed from the Services by us, unless you have our express written permission to create a new Account; and
8. You are legally permitted to use the Services by the laws of your jurisdiction of residence.

Violations of the Terms and Community Guidelines, or other material agreements between us and you, may result in the termination of your Account by us.

SECTION 2. TERMINATION OF ACCOUNT.

1. Termination by You. In addition to your right to cancel your membership, you can terminate or delete your Account at any time by logging into the Website or App, going to "Settings", clicking "Delete Account", and following the instructions to complete the deletion process.

If you have subscription Services paid through external sources, then you will need to cancel or manage the external purchase through the third-party store (such as iTunes or Google Play) to avoid additional billing of the subscription Services post-termination of your Account.

1. Termination by Us. We reserve the right to investigate and, if appropriate, suspend or terminate your Account without a refund (unless required by law) if we believe that you have (a) violated these Terms or Community Guidelines, (b) where required by law, or (c) where we reasonably believe there has been a breach of these Terms, Community Guidelines or applicable laws. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability, including, but not limited to, preventing you from accessing the Services.

For members residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content (defined below) unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other members, we may take such action, at any time without liability and without the need to give you prior notice.

1. Appeal. If you believe that we made a mistake in terminating Account or Your Content (defined below), you have the option to appeal our decision within a six-month period from the date of termination. If you wish to appeal a decision, please start by taking a moment to read the relevant section of our Community Guidelines. Alternatively, you can contact us at info@balkandate.com.

For members residing in the EU, you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority.

For members residing in the United Kingdom (“UK”), you have a right under local law to bring a claim for breach of contract if you believe Balkan Date breached these Terms by removing, restricting or limiting access to, or distribution of, Your Content, or suspending or terminating your Account.

1. Survival. If your Account is terminated for any reason, all provisions of these Terms which by their nature should survive, shall survive termination. Following termination, your information will be maintained and deleted in accordance with our Privacy Policy and applicable law.

SECTION 3. CONTENT. By using our Services, you will have access to:

1. Content that you upload and provide to our Services (“Your Content”);
2. Content that other members upload and provide to our Services (“Member Content”); and,
3. Content that Balkan Date provides to our Services (“Our Content”).

“Content” includes, without limitation, all text, images, video, audio, or other material on our Services. Prohibited content is described in our Community Guidelines.

1. Your Content. You are solely responsible and liable for Your Content. You will indemnify, defend, release, and hold Balkan Date harmless from any claims made in connection with Your Content. You warrant that the information you submit is accurate and complies with the Community Guidelines.

You may not display any personal contact or financial information on your individual profile page whether in relation to you or any other person. If you choose to reveal any personal information about yourself to other members, you do so at your own risk and Balkan Date is not responsible.

You understand that Your Content is publicly available and viewable, and you are therefore encouraged to use caution in publishing Your Content. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant Balkan Date and our affiliates a royalty free, perpetual, worldwide license to use Your Content, in accordance with applicable laws (as per Section 12).

Here, and elsewhere in the Terms, “affiliate” means a subcontractor, advisor, agent, or legally affiliated entity (controlling, controlled by, or under common control with us), which is performing on our behalf any of our obligations under these Terms or in relation to providing the Services.

If Your Content violates our Terms or Community Guidelines, we reserve the right – but are not obligated (unless properly requested by the person who submitted the content to us, or any person identified in the content in accordance with privacy laws) – to monitor or delete, move infringing content in our sole discretion acting reasonably.

1. Member Content. By using the Services, you will have access to Member Content which is generated by members and provided “as is”. Member Content does not belong to you and cannot be reproduced or used by you for any purpose except as contemplated by these Terms. Balkan Date reserves the right to terminate your Account if you misuse Member Content.

By displaying Member Content, Balkan Date makes no representations or warranties as to the accuracy of the Member Content, or compatibility of the members. You should carefully review and independently verify the Member Content.

1. Our Content.

Balkan Date owns or licenses all other content not included in Your Content and Member Content seen on our Services.

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Balkan Date, as well as the Balkan Date software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

SECTION 4. RESTRICTIONS, DISPUTES & MEMBER CONDUCT.

The Services are for personal use only and may not be used for any commercial purposes. All users must abide by the Community Guidelines, and inappropriate conduct—whether on or off the Services—is strictly prohibited.

YOU ACKNOWLEDGE THAT COMMUNICATIONS RECEIVED ON OR OFF THE SERVICES, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY BALKAN DATE, MAY RESULT FROM MEMBERS ENGAGING WITH THE SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER BEHAVIOUR IN BREACH OF OUR COMMUNITY GUIDELINES. You should exercise caution when communicating with strangers, as there is a risk of misuse of your personal information by others. Please review our Safety Guidelines.

BALKAN DATE IS NOT LIABLE FOR ANY HARM YOU MAY SUFFER DUE TO ANOTHER MEMBER’S MISUSE OF YOUR INFORMATION, WHETHER ON OR OFF THE SERVICES. You hereby agree to release Balkan Date—including our licensees, affiliates, and their and our shareholders, officers, directors, employees, contractors, representatives, agents, licensors, successors, and assigns—from all claims, demands, damages, losses, and liabilities of every kind, arising out of or in any way related to any disputes or interactions you have with other members of the Service. This release does not apply to any claims, demands, or losses arising from any unconscionable commercial practice by Balkan Date or for Balkan Date’s fraud, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the Services. Please refer to Section 17 for the special terms applying to California residents.

We reserve the right, but have no obligation, to monitor interactions between you and other members and to take action to restrict access to any material or user deemed illegal, violent, harassing, or otherwise objectionable. You consent to this monitoring. Members are encouraged to report any inappropriate Member Content or misconduct through the “Report Member” tab on a member’s profile or by contacting our representatives. You acknowledge and agree that we may investigate reports and, where necessary for the safety of users or to comply with legal obligations, share relevant data (such as messages) with appropriate third parties (such as law enforcement, legal advisor or regulatory authorities) in accordance with our Privacy Policy and applicable law. We may remove infringing users from the Services where appropriate.

You acknowledge that, in order to protect the safety and privacy of our members or to comply with legal requirements, we may decide not to share certain information with you regarding your Account or our investigations.

SECTION 5. PRIVACY. By using our Services, you acknowledge that we may use your data in accordance with our Privacy Policy. Please refer to our Privacy Policy for information about how Balkan Date collects, uses and shares identifying data.

SECTION 6. SUBSCRIPTION, PAYMENT AND CANCELLATION.

1. Subscription. The App may offer you Services for purchase. There may be additional terms disclosed to you at the point of purchase. Should you opt to purchase any subscription Services from us, you are agreeing to any additional terms disclosed to you. Otherwise, you may use and access our Services without a subscription.
2. Automatic Renewal. If you purchase a subscription, your subscription will automatically renew until cancelled (such as by you notifying us before the renewal date that you wish to cancel the subscription). If you sign up for a free trial of the subscription Services and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the then-current price for such subscription. Deleting your Account or App from your device does not cancel your subscription. You will be given notice of changes in the pricing of the subscription Services and an opportunity to cancel. If you do not cancel, you acknowledge that your subscription will be renewed at the full price as advertised when the initial purchase was made, and you authorize us to charge your payment method for these amounts until you cancel.
3. Pricing. Subscription prices may vary from time to time and may vary based on region and length of subscription.
4. Payment Method. When you choose to subscribe to our Services, you authorize us to store your payment method and use it in connection with your use of the subscription Services. To avoid interruption in your use of the Services, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your Account with the updated information we obtain. If you make a purchase from us, that order will be accepted once we receive confirmation of payment in full. If a payment is not successfully processed, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

Please note that, if you sign up for our Services through a third party platform (e.g., Google Play, Apple’s App Store, iTunes) your order will be governed by not just by our Terms but also by the terms that govern said platform, and their order cancellation provisions will prevail.

1. Cancellation of Subscription. You may cancel your subscription at any time. Following cancellation, you will continue to have access to your subscription benefits until the end of your subscription period, after which all additional benefits will expire. If you decide to use your subscription until the end of the period you paid for, you will not be eligible for a prorated refund, other than as contemplated by these Terms.

The cancellation of your subscription Services does not remove your Account from our platform. To remove your Account from the platform, you must terminate the Account in accordance with Section 2.

SECTION 7. REFUNDS.

1. General Policy. All purchases made through Balkan Date are final and non-refundable, except as expressly required by applicable law. We do not provide refunds or credits for any partially used subscription periods, unused features, or periods of inactivity, except as set out below
2. Cooling-Off Period. Where required by law, you may cancel your purchase within the statutory cooling-off period applicable in your jurisdiction of residence (“Cooling-Off Period”). If your jurisdiction does not have a Cooling-Off Period, then you are subject to the general policy outlined in Section 7.A. If you exercise your right to cancel within the applicable Cooling-Off Period, you will receive a refund to your original payment method, subject to any deductions permitted by law for services already provided. No refunds will be issued after the expiry of the Cooling-Off Period.

Cooling-Off Periods vary by location and may include, but are not limited to, the following:

• UK, EU, European Economic Area, Macedonia, Serbia, Albania: 14 calendar days
• Argentina: 10 calendar days
• Brazil, South Korea, Taiwan: 7 calendar days (In Brazil, if the day after purchase is a non-business day, the 7-day period starts on the next business day)
• Mexico: 5 business days
• South Africa: 5 business days (only for purchases made through direct marketing)
• Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin: Ends at midnight on the third business day after purchase. If you pass away during a subscription period, your estate is entitled to a refund for the remaining period. If you become disabled and can no longer use our services, you may request a refund for the period after your disability, by notifying us as outlined below.

1. Third Party Purchases. If you purchased subscription Services through a third-party platform (such as Apple’s App Store or Google Play), your purchase is governed by the terms and refund policies of that platform. Balkan Date has no authority to process or approve refunds for such purchases.
2. Special Circumstances. In the event of your death, your estate may request a refund for the unused portion of your subscription, as required by law. In the event of your permanent disability, you may request a refund for the unused portion of your subscription, subject to providing satisfactory evidence of disability and as required by law. Balkan Date reserves the right to deny any such request where not required by law.
3. How to Request a Refund. If eligible, to request a refund for a purchase made directly through the Website or App, you must contact Balkan Date Customer Service in writing within the applicable Cooling-Off Period, providing your order number, the email address or telephone number associated with your Account, and a signed and dated notice of cancellation. Requests received after the Cooling-Off Period will not be considered, except as required by law. This notice shall be sent to:

Balkans Date Inc

6705 Tomken Road, Unit 219 Box 1004

Mississauga, ON L5T 2J6

or service@balkandate.com

1. No Other Refunds. Except as expressly set out in this Section 7, no refunds or credits will be provided for any reason, including but not limited to dissatisfaction with the Services, accidental purchases, or unused features.

SECTION 8. ELECTRONIC COMMUNICATIONS & LOCATION-BASED FEATURES.

1. Notifications. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. Please note that your mobile carrier’s standard rates and fees, such as message and data charges, may apply, and you are solely responsible for any such charges.
2. Email Communications. You agree that we may send you email or text communications that include messages about the Services and your Account. You may choose to unsubscribe or opt out of certain email or text communications by following the specific instructions included in such communications, or by emailing us with your request at info@balkandate.com. Please be advised that you cannot opt out from transactional communications pertaining to your Account, because these communications are necessary to provide you with the Services. For greater clarification, “transactional communications” include but are not limited to such things as welcome emails, billing information, payment receipts, payment cancellation, password reset instructions, advisory emails about safeguarding your security and privacy, and confirmation of account deactivation.
3. Location-Based Features. The App may allow access to certain content based on your location. To do so, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access location-specific content.
4. Electronic Records and Communications

By using the Services, you agree and consent to receive all agreements, notices, disclosures, policies, and other communications (collectively, “Electronic Records”) from Balkan Date electronically, rather than in paper form, in line with The Electronic Signatures in Global and National Commerce Act. This includes, but is not limited to, these Terms of Service, Privacy Policy, Cookie Policy, Community Guidelines, Safety Guidelines, and any other information or communications that we are required by law or otherwise wish to provide to you.

Electronic Records may be provided to you via the Website, App, or sent to the email address associated with your Account. You are responsible for keeping your email address up to date in your Account settings. We recommend that you save copies of the Electronic Records for your records. If you experience any difficulty in accessing, printing, or retaining any Electronic Records, you may contact us in writing at the address provided in these Terms. To access and retain Electronic Records, you will need a device with internet access, a web browser capable of viewing our Website or App, and the ability to receive and read emails. To print Electronic Records, you will require access to a printer.

You may withdraw your consent to receive Electronic Records at any time by contacting us in writing at the email or address provided in these Terms. Please note that if you withdraw your consent, your Account will be deactivated and you will no longer be able to use the Services, as electronic delivery of information is a condition of use. If you require a paper copy of any Electronic Record, you may request one in writing from us as provided in the Terms; we reserve the right to charge a reasonable fee to cover the cost of printing and postage.

1. Downloadable Applications: By using any downloadable App to enable your use of the Services, you expressly confirm your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the App provided at download or installation, or as may be updated from time to time. In the event of any conflict between such End User License Agreement and these Terms, these Terms shall prevail to the extent permitted by law.

SECTION 9. ADS AND THIRD PARTY CONTENT. By using our Services, you may access content, such as ads and promotions, from third parties. Balkan Date does not endorse and is not responsible for any interactions with third party ads on our Services. We will not be responsible for the content of any goods or services provided by third parties or any communications you receive from your interactions with third parties on our Services. We will not be responsible for any damage to your computer hardware, software, or other technology or equipment that results from your interactions with third parties. Your purchase and use of products or services offered by third parties are at your own discretion and risk.

SECTION 10. IDENTITY AND BACKGROUND VERIFICATION.

As part of our commitment to member safety and the integrity of our Services, Balkan Date requires all prospective members to complete identity verification using Idenfy ID verification services as a mandatory step in the registration process. No Account may be created without successful completion of this identity verification. This process is designed to help prevent the creation of fake profiles and to enhance the safety of our community.

WHILE WE VERIFY THE IDENTITY OF ALL USERS PRIOR TO ACCOUNT CREATION, WE DO NOT ROUTINELY CONDUCT CRIMINAL BACKGROUND CHECKS OR SEARCHES OF SEX OFFENDER REGISTRIES, UNLESS REQUIRED BY LAW OR WHERE WE BELIEVE IT IS NECESSARY IN OUR SOLE DISCRETION. BALKAN DATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF MEMBERS BEYOND THE IDENTITY VERIFICATION PROCESS. YOU ACKNOWLEDGE AND CONSENT TO THE COLLECTION, PROCESSING, AND STORAGE OF YOUR PERSONAL DATA FOR THE PURPOSES OF IDENTITY VERIFICATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

Balkan Date reserves the right to conduct additional background checks or screenings (such as criminal record or sex offender register searches) at any time using available public records, where permitted by law and as deemed necessary by us. IF WE DECIDE TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE US TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

You are solely responsible for using your best judgment in your interactions with other members. We do not guarantee your safety and are not a substitute for following safe practices.

SECTION 11. NO WARRANTY; DISCLAIMER. The Services are provided to you on an “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” basis.

Subject to applicable legislation, we do not offer any warranties or representations regarding the quality or performance of the Services, nor do we guarantee continuous availability or uninterrupted access. We make no commitments about the content or information accessible through the Services and disclaim any warranty that results from using the Services will be effective, accurate, or reliable. We will not be liable if the Services do not perform as described or are unavailable at any time. We do not warrant that the Services will be free from defects or errors, or that any defects or errors will be corrected. You assume responsibility for the operation and results obtained from the Services. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, SATISFACTORY QUALITY, TITLE, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAKE NO GUARANTEES REGARDING THE NUMBER OF ACTIVE MEMBERS, MEMBERS’ CONDUCT ON OR OFF THE SERVICES, THEIR ABILITY OR DESIRE TO COMMUNICATE OR MEET, OR THEIR COMPATIBILITY OR CONDUCT. WHILE WE ATTEMPT TO ENSURE SAFE ACCESS AND USE OF THE SERVICES, WE DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Some jurisdictions do not allow the exclusion of implied warranties or have legislation that imposes certain statutory warranties which cannot be excluded, so parts of the above exclusion may not apply to you depending on your jurisdiction of residence.

SECTION 12. LICENSE.

1. Grant of License. By uploading, posting, or otherwise providing Your Content to the Services, you grant Balkan Date and its affiliates a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable licence to use, host, store, display, reproduce, modify (for formatting or technical purposes only), adapt, publish, translate, distribute, and make available Your Content solely for the purposes of operating, improving, and promoting the Services. This licence is granted for as long as Your Content is available on the Services.
2. Termination of Licence. This licence will terminate with respect to specific items of Your Content when you remove or delete such content from the Services, or when your Account is deleted, except:
3. To the extent Your Content has been shared with others and they have not deleted it;
4. Where retention is required for legal, regulatory, or legitimate business purposes (e.g., fraud prevention, dispute resolution, or compliance with law);
5. Where Your Content has been used in marketing materials or promotional campaigns, in which case Balkan Date may continue to use such materials for a reasonable period.
6. Derivative Works. Balkan Date may create derivative works from Your Content solely for the purposes of operating, improving, or promoting the Services.
7. User Control and Opt-Out. You may request the removal of Your Content from marketing materials or other uses outside the core operation of the Services by contacting Balkan Date at info@balkandate.com. Balkan Date will make reasonable efforts to comply with such requests, subject to technical and legal limitations.
8. Moral Rights. To the extent permitted by applicable law, you waive any moral rights you may have in Your Content, such as the right to be identified as the author or to object to derogatory treatment, but only to the extent necessary for Balkan Date to operate, improve, and promote the Services. This waiver does not apply where prohibited by law.
9. Feedback. If you provide feedback, suggestions, or ideas regarding the Services, you grant Balkan Date a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, and otherwise exploit such feedback for any purpose, including commercial purposes, without compensation to you. You may opt out of the use of your feedback for marketing purposes by contacting Balkan Date.

SECTION 13. INTELLECTUAL PROPERTY.

1. Balkan Date Proprietary Rights. All right, title and interest in the Services, including all worldwide intellectual property rights therein, and including without limitation all software (both source and object codes), algorithms, graphics, text, publicity, content, and material made available to you via the Services, and any and all trademarks, service marks, logos, domains, copyrighted content, and patented content contained therein, including any enhancements, derivative works, know-how and modifications thereto, are solely owned by or licensed to Balkan Date.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial use, strictly in accordance with these Terms. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or otherwise exploit any part of the Services or its content, except as expressly permitted by these Terms or with our prior written consent. You have no right to access the Services in source code form or to use any trademarks, service marks, or logos without our express written permission.

1. Feedback. If you provide feedback, suggestions, or ideas regarding the Services, you grant Balkan Date a perpetual, irrevocable, worldwide, royalty-free, and sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, and otherwise exploit such feedback for any purpose, including commercial purposes, without compensation to you. To the extent permitted by law, you consent to Balkan Date using your feedback without attributing authorship and to Balkan Date making changes to your feedback. Where applicable law does not permit waiver or limitation of moral rights, nothing in these Terms is intended to limit your statutory rights.
2. Third Party Proprietary Rights. You must respect the intellectual property rights of others. Balkan Date may terminate your access to the Services if you infringe the intellectual property rights of others. If you believe your work has been copied or used in a way that constitutes copyright infringement, please contact us at:

Balkans Date Inc

6705 Tomken Road, Unit 219 Box 1004

Mississauga, ON L5T 2J6

Or email: info@balkandate.com

Balkan Date will respond to notices of alleged copyright infringement in accordance with applicable law and may remove or disable access to the allegedly infringing material.

Further note that under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(f)), anyone who knowingly misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, can be held liable for damages (including costs and lawyers’ fees). This applies to the alleged infringer, the copyright owner or their authorized licensee, and any service provider who suffers harm as a result of relying on such misrepresentation when removing or disabling access to the material claimed to be infringing, or in replacing the removed material, or ceasing to disable access to it.

If we remove or disable access to copyright-protected material you provided based on a valid DMCA takedown notice, we will notify you. If you believe this was done by mistake or misidentification, you can submit a counter-notification to our designated agent with the following details::

1. Your physical or electronic signature;
2. Identification of the material that has been removed / disabled, and the location at which the material appeared before removal / disabling;
3. A statement from you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the US, for any judicial district in which we may be located, and that you will accept service of process from the person who provided us with notification of your allegedly infringing material, or from an agent of such person.

1. Location of Use and Data Processing: If we become aware of any legal or other risk associated with the availability of the Services, whether in a particular location or more generally, we reserve the right to change, suspend, withdraw or disable access to the Services at any time, without notice, and we shall have no liability to you in respect of such action.

You acknowledge that we host Balkan Date in Canada and provide customer support from Canada, and, potentially, other countries. You acknowledge that any information we may collect from you (e.g., your email address) will be collected, stored, accessed and used (collectively “Processed”) in Canada, and accessed and used in, potentially, other countries, and you authorize us to Process your data in Canada and, potentially, other countries.

1. Reservation of Rights. Except for the limited rights expressly granted to you in these Terms, all rights, title, and interest in and to the Services and its content are reserved by Balkan Date and its licensors. We may may take legal action against any unauthorized use, reproduction, or distribution of our intellectual property.

SECTION 14. LIMITATION OF LIABILITY & INDEMNITY

1. Limitation of Liability. The following provision is not applicable to residents of Quebec, to the extent that it conflicts with the Quebec Consumer Protection Act. We are not responsible for anything that: (i) was not foreseeable to you and/or to us when these Terms were entered into by you; or (ii) is not directly caused by any breach of our obligations or otherwise directly caused by us.

To the maximum extent permitted by applicable law, in no event shall we, or any of our licensees or affiliates, or any of their or our shareholders, officers, directors, employees, contractors, representatives, agents, licensors, successors or assigns, be liable for ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES.

BECAUSE SOME COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100).

YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

1. Indemnity. All the actions you make and information you post on Balkan Date remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

1. Any negligent acts, omissions or willful misconduct by you;
2. Your access to and use of the Services, Website, or App;
3. The uploads or submission of Your Content to the App by you;
4. Any breach of these Terms or Community Guidelines by you; and/or
5. Your violation of any law or of any rights of any third party.

We retain 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. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify Balkan Date for any unconscionable commercial practice or any fraud, misrepresentation or concealment, suppression or omission of any material fact by Balkan Date in connection with the App.

SECTION 15. DISPUTE RESOLUTION.

Please read this carefully.

1. Scope. This provision applies to all members, with specific terms for residents of the EU, Norway, Iceland, Liechtenstein, Brazil, or the UK. All disputes, claims, or controversies - excluding issues related to the enforcement or validity of Balkan Date's intellectual property rights - ("Disputes") related to these Terms or your relationship with Balkan Date, unless prohibited by local law, will be resolved through a pre-arbitration dispute resolution process or, failing that, binding arbitration. Disputes you may have against us are only enforceable against Balkan Date and not against our officers, directors, representatives, employees, contractors, or agents.

The intent is to facilitate the prompt and efficient resolution of any Disputes. Arbitration is a form of private dispute resolution in which parties submit their Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of a court by a judge or jury trial.

For residents of the EU, Norway, Iceland, or Liechtenstein, you have the option of a different dispute resolution process and may choose binding arbitration.

For residents of Brazil or the UK, you may choose to resolve Disputes through a pre-arbitration process or, failing that, binding arbitration.

1. Timing of Disputes. All Disputes must be filed within one year of their occurrence, unless prohibited by local legislation. This time limit does not apply in certain countries, including Australia, Brazil, Israel, Taiwan, or the UK. Parties waive any contrary limitation periods or time bars. Arbitration shall be commenced by filing a notice of claim(s) according to the applicable rules based on the member's country of residence.
2. Pre-Arbitration Dispute Resolution Process. We both agree to resolve any Dispute informally through good faith efforts for at least 60 days. If you have a Dispute, you must first notify us in writing at info@balkandate.com, including your name, postal address, a description of the Dispute, and the relief you seek. We will attempt to resolve the Dispute within 60 days before proceeding to arbitration.

For residents of the EU, Norway, Iceland, or Liechtenstein, you may engage in online dispute resolution via the ODR platform (ec.europa.eu/odr) (an “ODR Proceeding”) instead of, or in addition to, binding arbitration.

For residents of Brazil or the UK, we both agree to make good faith efforts to resolve the Dispute for at least 60 days. If a Dispute cannot be resolved informally, you may contact us at service@balkandate.com, including your name, postal address, a description of the Dispute, and the relief you seek. We will respond within 7 business days. If the Dispute remains unresolved, you may choose to engage in binding arbitration.

1. Binding Arbitration Standards. For residents of the EU, Norway, Iceland, or Liechtenstein, you are not required to comply with this section and may use the ODR platform (ec.europa.eu/odr) to resolve Disputes. However, you may choose to engage in binding arbitration.

For residents of Brazil or the UK, you are not required to comply with this section and may start court proceedings. However, you may choose to engage in binding arbitration.

For residents of all other countries, and for those in the EU, Norway, Iceland, Liechtenstein, Brazil, or the UK who choose binding arbitration:

• Single Proceeding: If you file Disputes in arbitration, we will file any Disputes we have against you as counterclaims, resolving all Disputes in a single proceeding.
• Waiver of Court Rights: Arbitration replaces the right to go to court, waiving any right to a jury trial or court litigation.
• Final Decision: The arbitrator's decision is final and binding, and judgment may be entered in any court with jurisdiction.
• No Precedent: The arbitrator's decision has no precedential or collateral estoppel effect.
• Procedure and Notice: Arbitration procedures and notice follow the rules of the applicable arbitration institute or entity, unless otherwise stated.
• Injunctive Relief: Balkan Date reserves the right to seek immediate injunctive or equitable relief for intellectual property and confidential information protection, bypassing informal dispute resolution or arbitration.

Country-Specific Provisions: Additional provisions based on the member's country of residence also apply.

For US residents, arbitration will be:

• Administered by JAMS: (see jamsadr.com)
• Arbitrator: A single, independent, and impartial arbitrator agreed upon by both parties.
• Rules and Procedures: Governed by the Federal Arbitration Act (FAA) and JAMS Comprehensive Arbitration Rules and Procedures (JAMS Rules), prioritising expedited procedures from June 1, 2018.
• Terms vs. JAMS Rules: These Terms govern unless the arbitrator finds them fundamentally unfair, in which case adjustments will be made to ensure fairness.
• Pre-emption: FAA and JAMS Rules pre-empt all other federal and state laws to the maximum extent permitted.
• Applicable Law: If FAA and JAMS Rules do not apply, New York State law governs, excluding conflict or choice of law rules.
• Arbitrator Qualifications: Must be from JAMS' roster, a retired judge or licensed attorney in New York, experienced in IT and commercial websites, fluent in English, and willing to use telephonic/video communications and electronic document submission. If no suitable arbitrator is available, the parties will agree on another qualified individual, and the arbitration will follow JAMS Rules unless otherwise agreed.
• Claims Under USD $8,000.00: Conducted based on submitted documents unless a hearing is requested or deemed necessary.
• Information Exchange: Arbitrator has discretion for reasonable information exchange, consistent with expedited arbitration.
• Language: English is the official language. Non-English speaking witnesses may testify with simultaneous translation.
• Commencing Arbitration: Complete a form, submit it to JAMS, and send a copy to us at: Balkans Date Inc, 6705 Tomken Road, Unit 219 Box 1004, Mississauga, ON L5T 2J6 and info@balkandate.com. Forms available at jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
• Venue: Exclusive venue is New York, New York, unless mutually agreed otherwise. Efforts will be made to avoid long-distance travel using telephonic/video communications and electronic document submission.

The parties acknowledge that the liability cap in Section 14.A. is well below USD $8,000.00. Consequently, the cost of arbitration would likely exceed this cap, making the pre-arbitration dispute resolution process in Section 15.C. a more suitable option for most Disputes.

For Canadian residents, arbitration will be:

• Administered by Arbitration Place: (see arbitrationplace.com)
• Arbitrator: A single, independent, and impartial arbitrator agreed upon by both parties.
• Rules and Procedures: Governed by the Arbitration Act, S.O. 1991, and the ADR Institute of Canada Rules (ADRIC Rules) effective December 1, 2016.
• Terms vs. ADRIC Rules: These Terms govern unless the arbitrator finds them fundamentally unfair, in which case adjustments will be made to ensure fairness.
• Pre-emption: The Arbitration Act, S.O. 1991, and ADRIC Rules pre-empt all federal and provincial laws to the maximum extent permitted.
• Applicable Law: If the Arbitration Act and ADRIC Rules do not apply, Ontario law governs, excluding conflict or choice of law rules.
• Arbitrator Qualifications: Must be from Arbitration Place's roster, a retired judge or licensed lawyer in Ontario, experienced in IT and commercial websites, fluent in English, and willing to use telephonic/video communications and electronic document submission (unless both parties are in Toronto). If no suitable arbitrator is available, the parties will agree on another qualified individual, and the arbitration will follow ADRIC Rules unless otherwise agreed.
• Claims Under CAD $10,000.00: Conducted based on submitted documents unless a hearing is requested or deemed necessary.
• Information Exchange: Arbitrator has discretion for reasonable information exchange.
• Language: English is the official language. Non-English-speaking witnesses may testify with simultaneous translation.
• Commencing Arbitration: Visit the Arbitration Place website and use the "Contact Us" form at arbitrationplace.com/contact-us.
• Venue: Exclusive venue is Toronto, Ontario. Efforts will be made to avoid long-distance travel using telephonic/video communications and electronic document submission, as permitted under ADRIC Rules.

The parties acknowledge that the liability cap in Section 14.A. is well below CAD $10,000.00. Consequently, the cost of arbitration would likely exceed this cap, making the pre-arbitration dispute resolution process in Section 15.C. a more suitable option for most Disputes.

For residents of countries other than the US or Canada, arbitration will be:

• Administered by Agreed Arbitration Institute: Chosen by both parties.
• Arbitrator: A single, independent, and impartial arbitrator agreed upon by both parties.
• Rules and Procedures: Governed by the International Centre for Dispute Resolution's (ICDR) "International Dispute Resolution Procedures" effective March 1, 2021, and any agreed-upon applicable laws.
• Terms vs. ICDR Rules: These Terms govern unless the arbitrator finds them fundamentally unfair, in which case adjustments will be made to ensure fairness.
• Pre-emption: The agreed-upon laws and ICDR Rules pre-empt all other regional and federal laws to the maximum extent permitted.
• Applicable Law: If the agreed-upon laws and ICDR Rules do not apply, the issue will be resolved under the laws of the member's jurisdiction, excluding conflict or choice of law rules.
• Arbitrator Qualifications: Must be from the agreed arbitration institute's roster, a retired judge or licensed lawyer in the member's jurisdiction, experienced in IT and commercial websites, fluent in the official language of the arbitration, and willing to use telephonic/video communications and electronic document submission. If no suitable arbitrator is available from the agreed institute's roster, the parties will agree on another qualified individual, and the arbitration will follow ICDR Rules unless otherwise agreed.
• Claims Under CAD $10,000.00: Arbitration will be based solely on submitted documents unless a hearing is requested or deemed necessary.
• Information Exchange: The arbitrator has discretion for a reasonable exchange of information, subject to ICDR Rules.
• Language: The official language of arbitration will be an official language of the member's country. If multiple official languages exist, the parties will agree on one. Witnesses may testify in their native language with simultaneous translation.
• Written Submissions: Must be translated into English for Balkan Date or the official language of the proceeding for the member and arbitrator.
• Venue: Arbitration will take place in the member's jurisdiction, with the specific location agreed upon by the parties.
• Travel Minimisation: Efforts will be made to avoid long-distance travel using telephonic/video communications and electronic document submission, as permitted under ICDR Rules.

The parties acknowledge that the liability cap in Section 14.A. is well below CAD $10,000.00. Consequently, the cost of arbitration would likely exceed this cap, making the pre-arbitration dispute resolution process in Section 15.C. a more suitable option for most Disputes where the cap is legally enforceable.

1. Mass Arbitration Procedure

Should twenty-five (25) or more comparable arbitration demands be initiated against Balkan Date, its affiliates, or related entities by the same legal representative(s) or in coordination, within any ninety (90) day period (a “Mass Arbitration Event”), the following process shall govern, supplementing the other terms of this Section 15:

1. Phased Adjudication of Claims
2. The parties will implement a sequential, representative approach to resolving claims.
3. For the initial phase, each side will nominate up to ten (10) individual cases, resulting in a group of twenty (20) claims to proceed first.
4. These selected cases will each be assigned to a separate arbitrator and will be the only claims to advance to arbitration at the outset.
5. All remaining claims encompassed by the Mass Arbitration Event will be held in abeyance and will not proceed until the initial group has been fully resolved, whether by award, settlement, or withdrawal.
6. Collective Mediation Effort

Upon conclusion of the first group of arbitrations, all parties and their counsel shall participate in a joint mediation session, conducted in good faith, with the aim of resolving any outstanding claims.

3. Subsequent Rounds

If mediation does not resolve all outstanding matters, the parties will repeat the process: each side will again select up to ten (10) further claims to proceed, which will be arbitrated in the same manner. This cycle will continue until all claims are addressed.

4. Fee Arrangements for Mass Arbitration

The parties will work together and with the arbitration provider to establish cost-effective procedures for the Mass Arbitration Event, which may include reduced or deferred fees, or other appropriate measures to limit expenses.

No administrative or filing fees shall be payable for any claim that is paused under this protocol until it is chosen to proceed to arbitration.

5. Selection of Arbitrators
6. Each case in a given group will be assigned to a different arbitrator, in accordance with the rules of the relevant arbitration body.
7. The parties may, by mutual agreement, opt to have a single arbitrator hear multiple claims, but this is not obligatory.
8. Suspension of Limitation Periods

Any applicable limitation or filing period for claims included in a Mass Arbitration Event shall be suspended from the date the first demand is filed until the individual claim is selected to move forward.

7. Obligation of Good Faith

Both parties are required to act honestly and constructively to facilitate the fair and efficient resolution of all claims within a Mass Arbitration Event, and to cooperate with the arbitration provider in implementing this process.

8. Partial Invalidity

Should any provision of this Mass Arbitration Procedure be found unenforceable, the remainder shall continue in effect, and the parties shall work together to adopt a valid replacement that most closely reflects the intended process.

1. Binding Arbitration Procedures.

Representation:

• All parties have the right to be represented by an attorney or spokesperson at their own expense.

Discovery:

• No interrogatories or requests for admissions.
• Oral discovery is granted to preserve evidence or upon showing of need, allowing each side up to two depositions, totalling no more than ten hours.
• No speaking objections at depositions, except to preserve privilege.
• Written witness statements may replace oral direct testimony if exchanged in advance and approved by the arbitrator.
• Reasonable extensions for discovery may be granted upon good cause.
• Discovery disputes are promptly submitted to and resolved by the arbitrator, considering the nature, amount, and scope of the claim, cost, effort, case schedule, and necessity for adequate preparation.

Motions:

• To make a dispositive motion, a party must submit a brief letter (max five pages) explaining its merit and cost-effectiveness.
• The other side has a brief period to respond.
• The arbitrator decides whether to proceed with comprehensive briefing and argument based on the letters.
• If proceeding, the arbitrator sets page limits and an accelerated schedule for the motion.
• The motion does not stay any aspect of the arbitration or adjourn pending deadlines under ordinary circumstances.

Hearing:

• Pursuant to Section 15.D. arbitration is generally conducted based on submitted documents. If a hearing occurs, consecutive hearing days will be set unless otherwise agreed or ordered by the arbitrator. Each side is allotted two days for presenting direct evidence and cross-examination. Extensions may be granted for good cause.

Recording of a Settlement:

• If a settlement is reached during arbitration, the parties may request the arbitrator to record it as an award on agreed terms, without needing to provide reasons.

Communications with the Arbitrator:

• All communications with the arbitrator must include the other party. Conferences will be conducted via telephone, video call, or email, considering time zones. Ex parte communications are prohibited.

Potential Consolidation:

• Pursuant to Section 15.I. class and consolidated actions are prohibited. However, if both parties and the arbitrator agree, consolidation of arbitration proceedings may be allowed.

14. Limitation of Liability and Nature of Award. In any arbitration or ODR Proceeding related to these Terms, the arbitrator or decision maker cannot award incidental, indirect, consequential, punitive, or exemplary damages, including lost profits, unless expressly permitted by statute. The parties waive the right to recover such damages unless prohibited by local legislation. This limitation does not apply in certain countries, including the UK. For more details, see Section 14.
15. Payment of Arbitration Filing Fees and Reasonable Costs. You are responsible for paying 50% of the filing fee as per the applicable arbitration institute's fee schedule for consumer disputes. We will cover the remaining 50% if you notify us before filing your claim.

To discourage frivolous claims and excessive discovery, the arbitrator may award the prevailing party reasonable costs and lawyers’ fees incurred during arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the fees reasonably incurred.

In the case of a Mass Arbitration Event, the special fee arrangements in Section 15.E.4 apply.

1. Class and Consolidated Claims Waiver. To the extent permitted by applicable law, neither party may act as a class representative or class member in any Dispute subject to pre-arbitration dispute resolution or binding arbitration under these Terms. Except as otherwise provided by Section 15, the arbitrator or ODR decision maker may not consolidate multiple claims or preside over any form of class or representative proceedings.

If you pursue your Dispute in court, neither party may participate as a class representative or class member, except where local law prohibits a class action waiver.

15. Waiver of Trial. To the extent not prohibited by local law, PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL, STATUTORY, REGULATORY AND COMMON LAW (IF APPLICABLE) RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by binding arbitration or ODR Proceeding under the terms of this Section 15. Arbitration and ODR procedures are typically more limited, efficient, and less costly than court rules and are subject to limited judicial review, benefiting both parties.

In any litigation between you and Balkan Date in federal or regional courts to vacate or enforce an arbitration or ODR award, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL, opting for resolution by a judge.

UK Residents: If you choose binding arbitration, you waive the right to a jury trial for suits to vacate or enforce an arbitration award, opting for resolution by a judge. If you choose litigation over binding arbitration, you do not waive your right to a jury trial.

15. Emergency and Provisional Remedies. Any party may seek a preliminary injunction or other provisional, injunctive, emergency, or equitable relief (excluding monetary relief) in a court of competent jurisdiction if deemed necessary to preserve the status quo or prevent irreparable harm. Despite seeking such relief, parties must participate in good faith in pre-arbitration dispute resolution or binding arbitration as outlined in Section 15.

UK Residents: Participation in pre-arbitration dispute resolution or binding arbitration after seeking emergency relief is optional, not mandatory.

1. Small Claims Exception. Instead of binding arbitration, you may sue us in small claims court if you meet the court's requirements:

• USA Residents: Manhattan County, New York.
• Canada Residents: Toronto, Ontario.
• Other Members: Capital city of your country of residence.

If the law of the jurisdiction where you reside allows for filing in another location in your country, the specified venue is not exclusive. You must send a copy of your small claims court complaint to us at Balkans Date Inc, 6705 Tomken Road, Unit 219 Box 1004, Mississauga, ON L5T 2J6 and info@balkandate.com. You acknowledge and agree that emails can be blocked by spam filters or fail to be delivered due to other technical reasons, so the copy sent to our PO Box shall be the copy which officially notifies us of the issue, and receipt of that copy shall be the date that is used for any timing rules imposed by the small claims court. Allow adequate time for postal delivery, considering potential delays. As an English-language company, provide your complaint in English or allow time for translation.

1. Confidentiality. The parties shall maintain the confidential nature of any pre-arbitration dispute resolution process, and of any binding arbitration proceeding, including: (i) any resultant settlement or award; or (ii) the privacy of any ODR Proceeding or arbitration discovery process or hearing, except as may be necessary to prepare for or conduct the proceeding or hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required or permitted by law or judicial decision. Additionally, the parties will request the arbitrator – or ODR Proceeding decision maker, if applicable – to take reasonable steps to protect customer (i.e., member) account information and other confidential or proprietary information, including the confidential information of either party disclosed during the arbitration or ODR Proceeding (whether in documents or orally).
2. Survival and Severability. The terms of this Section 15 shall survive the termination of your Services with Balkan Date. If any portion of this Section 15 is deemed to be unenforceable for any reason: (1), the unenforceable provision shall be severed from these Terms; (2) severance of the unenforceable provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration (or ODR Proceeding, as applicable) about any remaining Disputes on an individual basis pursuant to this Section 15; and, (3) to the extent that any Disputes, where allowed by applicable law, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction rather than in arbitration or ODR Proceeding.
3. GENERAL.
4. Governing Law. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

(i) US. If you are a resident of the US, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq., of the United States of America. Judgment upon any interim or final award (e.g., as results from the dispute resolution or small claims court provisions in Section 15) may be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act shall control. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit, exclusively, to the personal jurisdiction of the courts located within New York, New York for such purpose.

(ii) Canada. If you are a resident of Canada (except Quebec), these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the Municipality of Metropolitan Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.

If you are a resident of Quebec, these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Regardless of the province of residency, the parties to these Terms hereby confirm their express wish that these Terms, as well as all other documents related to the Terms, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms, be in the English language only, and declare themselves satisfied with this. Peu importe la province de résidence, les parties aux présentes conditions confirment leur volonté expresse de voir la présente convention, de même que tous les documents qui s’y rattachent, incluant mais non de façon limitative tous les confirmations, avis, renonciations, consentements et autres communications entre les parties dans le cadre de la présente convention, être rédigés en langue anglaise seulement et s’en déclarent satisfaites.

(iii) Australia. If you are a resident of Australia, these Terms will be governed by, interpreted and enforced in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (“CCA”) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into these Terms or provides statutory guarantees in connection with these Terms, in respect of services supplied, our liability for breach of such a condition, warranty, or other term or guarantee is limited (at our election), to the extent allowed by the CCA, to: (A) supplying the services again, or (B) paying the cost of having the services supplied again.

(iv) Other. Except as set out above, or otherwise required under applicable law: (i) these Terms shall be governed by and construed in accordance with English law; and (ii) you may bring legal proceedings in respect of these Terms or Services, in the relevant courts of the UK or, if you are an EU resident outside the UK, in the courts of your member state of residence, in accordance with applicable law.

1. Availability of Service. The following provision is not applicable to residents of Quebec, to whom the Quebec Consumer Protection Act applies.

We are unable to warrant that our Services will at all times be free from any data breach or any other security intrusion, or any programming errors, bugs, computer viruses, worms, cancel bots, Trojan horses or similar programs, other software or hardware failures, malicious software or harmful components, flood pings, denial of service attacks, spamming, hacking, corrupted files, tampering, hoaxes, fraud, other error, omission, interruption, delay in operation or transmission, computer line or network failure, or any other technical or non-technical malfunction or defect that may affect your use of the Services. However, we will make commercially reasonable efforts to prevent occurrence of any such incident.

1. No waiver. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
2. Severance. The invalidity, illegality or unenforceability of any of these Terms shall not affect the validity, legality or enforceability of any other of these Terms, all of which shall remain in full force and effect.
3. Precedence of English Version of These Terms. The official text of these Terms shall be in the English language, and any translation, interpretation or construction of these Terms shall be based thereon. If any documents or notices relating to these Terms are translated into another language, the English version shall be controlling in the event of any discrepancy between the two (except to the extent that the law in your jurisdiction forbids this provision).
4. Export Controls. You agree to comply with all applicable export control and sanctions laws and regulations, including, but not limited to:

• All Canadian laws and regulations administered by Global Affairs Canada under the Special Economic Measures Act, the United Nations Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), and any other relevant Canadian legislation;
• All United States export control and sanctions laws and regulations, including those administered by the US Department of Commerce, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), and any other relevant US government authority;
• All applicable laws and regulations of the European Union, the United Kingdom, and the United Nations.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to Canadian, US, EU, UK, or UN government sanctions or embargoes, including but not limited to those listed by Global Affairs Canada or the US Department of the Treasury’s OFAC (such as the Specially Designated Nationals and Blocked Persons List), or any other relevant authority. You further represent and warrant that you are not a person or entity listed on any Canadian, US, EU, UK, or UN government list of prohibited or restricted parties.

You agree not to use, export, re-export, transfer, or otherwise make available the Services, directly or indirectly, to or for the benefit of any country, territory, person, or entity that is subject to such sanctions or embargoes, or in any manner that would cause us or you to violate applicable export control or sanctions laws.

By using the Services, you certify that you are not prohibited from receiving the Services under the laws of Canada, the US, the EU, the UK, or any other applicable jurisdiction.

1. Prohibition on Federal Acquisitions. Use of or access to the Services by or for any financial institution or by or for the United States federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States federal government, is strictly prohibited.

You agree that: (i) you will comply with this prohibition; and (ii) any and all laws applicable to USA federal acquisitions do not apply to your use of or access to the Platform and the Services (such laws include but are not limited to 48 C.F.R. §2.101, §12.212, §227.7202, and §§227.7202-1 through 227.7202-4).

1. Copyright. Unpublished-rights are reserved under the copyright laws of the US, Canada and the EU.
2. Non-Transfer/Assignment of Rights. You agree that your Account is non-transferable and all of your rights to your account and Your Content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
3. No Agency. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you agree that you may not make any representations on behalf of or bind Balkan Date in any manner.
4. Entire Agreement. These Terms, along with the Privacy Policy, the Cookie Policy, and any additional terms upon purchase contain the entire agreement between you and Balkan Date regarding the use of our Services. These Terms supersede all previous agreements, representations, and arrangements between us, whether written or oral.
5. SPECIAL REGIONAL TERMS.

Special terms apply to certain regions. In addition to specific jurisdictional provisions mentioned elsewhere in these Terms, the following provisions apply depending on a member’s jurisdiction of residence:

1. California

(i) Under California Civil Code Section 1789.3, such members are entitled to the following consumer rights notice: The Services are provided by Balkan Date. If you have a question or complaint regarding the Service, please contact Customer Service at info@balkandate.com. You may also contact us by writing to us at Balkans Date Inc 6705 Tomken Road, Unit 219 Box 1004, Mississauga, ON L5T 2J6. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 928-1227.

(ii) YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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 FAVOR 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.”

1. New York. The Services do not guarantee any number of matches - each member can view as many profiles as are available. Members may terminate their accounts as they see fit. The use of your information and access to your information is set forth in our Privacy Policy. The New York Dating Service Consumer Bill of Rights can be accessed here.
2. North Carolina. The North Carolina Buyer’s Rights can be accessed here.
3. Illinois, New York, North Carolina and Ohio. If you have moved outside a location where we provide the Services in the US, please contact us in writing at info@balkandate.com and we will work with you to provide alternative Services where possible or a refund (see Section 7 for information regarding refunds).
4. Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island and Wisconsin. (See Section 6 for information regarding cancellation).
5. Germany, Portugal and Spain.Your moral rights over Your Content will not be assigned or waived.
6. Australia.

(i) In consenting to the transfer to and processing of your information in any other jurisdiction globally, you acknowledge that other jurisdictions may not have privacy protections equivalent to the Australian Privacy Act 1988. You may not have a remedy against Balkan Date as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.

(ii) Balkan Date’s liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:

1. in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to You of the repair); and
2. in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
3. UK and EU. Nothing in these terms and conditions, including, without limitation, Section 15, affects your rights as a consumer to rely on such mandatory provisions of local law of your jurisdiction.

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