Tingler is a website operated by Tingler Media Limited ("the Company"). Our company registration number is 05169766.
1.1 Please read these Terms carefully before registering with tingler (the service), they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.2 By creating a Tingler account and becoming a site Member whether through a mobile device, mobile application or computer, you agree to be legally bound by these terms and conditions (this "Agreement"), which may be revised as set out below in section 3.1.
1.3 If you do not accept and agree to be bound by all the terms of this Agreement, you may not use the service.
2.1 Just to explain a few key terms. When we mention “Member” in this document, we mean a registered user of our site (whether or not a subscriber). And “Content” covers all information (including profile, images, photos, videos, forum posts, messages etc) which Members publish or send on or in connection with our site.
3. Changes to the T&Cs
3.1 We may need to change these T&Cs from time to time. If so, we will post the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound if you use the site after the effective date shown on the new T&Cs.
4.1 You must be at least 18 years of age to create an account on Tingler and use the service.
4.2 You can form a binding contract with Tingler.
4.3 You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction.
4.4 You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
4.5 You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
4.6 By using the Service and Website, you represent and warrant that all the registration information you submit is truthful and accurate and you agree to maintain the accuracy of the information that your provide. You further represent that your use of Tingler shall not violate any applicable law or regulation. Your profile be deleted without warning, if it is found that your are misrepresenting your age.
4.7 Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
5. About our site
5.1 Tingler is a social networking and dating website dedicated to those living with HSV1 and HSV2 (cold sores/herpes). The site allows members to create unique personal profiles online in order to find and communicate with other living with HSV1/HSV2. As part of the registration process Members are required to provide personal information such as:
iv) The HSV type
v) Date Of Birth
vi) Profile photos
5.2 Members can communicate with other members via the services messaging system. You are solely responsible for the information that you provide to other members.
5.3 Although the profile information, uploaded photos, and personal sensitive information about the Member's medical condition will only be visible to other registered members, you should be aware that you are acting in a public space. You should not use this site, if you are not comfortable with the idea of this information being visible to other members of this site. Tingler (Tingler Media Ltd) will not be liable for any personal damages that may result from such disclosure to the public.
5.4 To help you manage how much information you disclose, you have the option to not disclose your HSV type. If you wish you can also temporarily, or permanently hide your profile.
5.5 Whevever a member receives a message from another member, they can choose to receive an email notification of that message. Email notifications can be enabled or disabled via the profile settings section of the service.
5.6 To protect users privacy when submitting data, the site sends all information to its servers over an encrypted https channel.
5.7 Tingler will never sell on (other than as the result of the sale of tingler to another company) your personal information or use your personal information for marketing purposes.
6. Propriety Rights you grant
6.1 By creating an account, you grant to Tingler (Tingler Media Ltd) a worldiwde, transferable, royalty-free, right and license to host, store, use, copy, display, reproduce, edit, public and distribute any information that you post,upload, display or otherwise make available ("post") on the Service or transmit to other users ("content"). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws). You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other tingler users). This license will terminate at the time you remove such Content from the Service.
7. Site use
7.2 Please be aware that we do not do any background checks on Tingler Members, nor do we attempt to verify the accuracy of other Members content. Before you decide to disclose personal information to other Members we recommend that you do your own background checks on said Member. If you arrange meets offline with other users, you agree to release and hold tingler (Tingler Media Ltd) harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline tingler meeting.
7.3 Photo verification is offered for all profiles. For some profile country locations, photo verification is a mandatory requirement before you can establish contact with other profiles. We reserve the right to vary the list of countries that require mandatory photo verification. Please be aware that the purpose of photo verification is only used as a tool to help give users a greater degree of confidence that a person that appears in the profile is more likely to be the same as the person using the profile. However it cannot be taken as an infallible tool as it does not guarantee that the person that has uploaded verification and profile photos is the person using the profile at any given point in time, so users must at all times retain a degree of caution when communicating with users on Tingler.
7.4 You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. Nothing in this paragraph, however, creates an obligation for us to review, monitor or delete any Content.
7.5 Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other tingler Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and tingler assumes no responsibility nor liability for this material.
7.6 You understand and agree that including any personal contact information such as an email address, mailing address, telephone number, etc. or suggesting that others could send you their contact details, within any public areas of tingler is strictly prohibited and may result in the immediate removal of your account, or content without any prior notice.
7.7 The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Tingler reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";spamming includes unsolicited invitation or invitations to join support groups or third party events. Whilst we acknowledge the useful role support groups place, we have been receiving increasing complaints from users that use Tingler as a dating platform and do not want to receive unsolicited messages for such groups. If you do wish to arrange social events these should be listed publicly via the Events Listing page.
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
vii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
viii. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
7.9 You may not attempt to impersonate another user or person who is not a member of tingler.
7.10 Attempting to circumvent photo validation by uploading verification photos that are not of you or do not match the requested verification gesture will result in the deletion of your account.
7.11 It is a breach of the sites rules to disclose your email address or encourage others to disclose their email address. Any account doing so will be liable to have thier account immediately deleted.
7.12 Tingler reserves the right at its own discretion to temporarily suspend profiles that it believes to have violated its terms and conditions or posted content or behaved in a manner that it deems is not conducive with the running of a platform that promotes the safety and well being of all our users. Tingler also reserves the right to suspend profiles that have been reported by other users. During suspension you will not be able to browse or message other users and suspension can last for up to 14 days.
8 Premium Membership
8.1 In addition to to the free tier, Tingler has a paid for Premium Subscription Membership level which gives access to a number of premium features. These features which change from time to time are listed on the Premium signup page.
8.2 Billing Cycle
. For Premium members subscribing via the Patreon payment platfrom, the first membership fee payment for our service is taken at the time you sign up for our premium service. All subsequent payments will be billed on a on a recurring basis on the 1st of each month. For premium members subscribing via the Tinglers direct payment processing platfrom (Stripe), you will be billed on the day you sign up and thereafter to your Payment Method on the calendar day corresponding to the commencement of your paid membership. Recuring frequency will be in accordance to the Pricing plan you have signed up for (eg 1 month, 3 months, 6 months). In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.
8.3 Auto Renewal
. As premium membership is subscription based, all premium membership auto-renews as described in section 8.2 above. Auto renewal can be cancelled at anytime via the Subscription page.
8.4 Payment Methods
. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
. You can cancel your Tingler Premium membership at any time. If you want to enquire about a payment made on your account, please contact us at: firstname.lastname@example.org, To cancel, login to the site and click on the Manage Premium membership found at https://www.tingler.club/Settings/ManageAccount .Click on the cancel link and then click the Confirm cancellation button. Cancelling your Premium membership will stop the subscription auto-renew, but you will still remain a premium member for the remainder of membership period that you have already paid for. Once that period expires your profile will revert back to standard membership and you will not be charged further. You are not entitled to an pro-rata or whole refund for any subscription period once a payment has been taken.
8.6 Account Deletion
. To delete your Tingler account, if you are a Premium member, you must first cancel your premium subscription. This is to ensure you are no longer charged for Premium membership after your account deletion.
8.7 Suspension of Account By Tingler During Premium Membership
. During your Premium Membership period Tingler maintains its right to temporarily suspend users as described in clause 7.10 above. The decision to suspend a profile is not taken lightly and is done to protect the safety and well being of our other users. You will not be reimbursed for any Premium Membership periods that you have been unable to access tingler as a result of profile suspension.
8.8 Termination Of Premium Membership By Tingler
. We take the safety and well being of our members very seriously. Any Premium members found to be in violation of this agreement will have their account terminated with immediate effect and will forefeit their right to any reimbursement of premium membership fees paid.
9 Site Safety
9.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TINGLER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. TINGLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
9.2 Tingler provides basic photo verification on profiles that volunteer verification information or profiles belonging to certain countries which require mandatory user verification before being able to chat. The aim of the verification is to ascertain that the person depicted in a profile is the person using the account, however by no means can this be relied upon to determine the identity of a person or their trustworthiness. We provide a report user feature and we highly encourage all members to report fake, phising, suspicious or abusive profiles. We will endeavour to delete these from time to time as resources allow.
9.3 Never pass on your financial details or send money to any users that may ask you to do so. Please report all users that ask you to do so.
9.4 We encourage all users to exercise upmost commen sense with regards to off site communication and meets. We strongly advise all members to never give out their telephone number, email address or respond directly to members encouraging direct phone or email correspondence. Please report all users that ask you do so. Please also exercise common sense if you decide to take conversation off site using another social media apps. In addition, you agree to review and follow Tingler’s Safety Tips prior to using the Service.
9.5 When making arrangements to meet someone for the first time we suggest that you let someone else know about your whereabouts and to check in with them during the date.
9.6 Tingler allows members to advertise Events on the site. Tingler Media simply acts as a listing platform for events. These meets are arranged and hosted by our site users and Tingler is in no way responsible for the running of these events and accept no liability for them. Never pay up front for any events. If an event organisor asks for upfront payment, please report them immediately via the contact us form.
10 Copyright Policy
10.1 You may not post, download, distribute, or reproduce in any way any copyrighted material and user profile images, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of tingler to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to tingler by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. tingler's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
11 Links and external resources
11.1 Tingler Media Ltd is only liable for the tingler hyperlinks it creates, and does not exercise any control over the External Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Sites and the Services redirect and which any entity of the MTingler Media Ltd did not create. It cannot be held liable for the provision of hyperlinks to External Websites, and cannot be held liable for their content, advertisements, products, service features or any other information available on or based on the use of such External Websites.
If during the course of a search conducted on tingler, the result of this search leads a Member to results that include External Websites, pages or forums whose title and/or content constitutes a violation of applicable law, that Member is requested to terminate its search of, or navigate to, the External Website in question. Members who continue to search, or navigate to, such External Websites proceed at their own risk, and Tingler Media Ltd will not be liable for the content of External Websites.
12 Member Disputes
12.1 You are solely responsible for your interactions with other tingler Members. Tingler reserves the right, but has no obligation, to monitor disputes between you and other Members.
13.1 Tingler is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Tingler is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Tingler assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Tingler is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Tingler be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Tingler expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Tingler cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
14 Member Disputes
14.1 IN NO EVENT SHALL Tingler (Tingler Media Ltd) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF tingler HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, tingler.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO tingler FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
15.1 You agree to indemnify and hold Tingler (Tingler Media Ltd) its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and tingler (Tingler Media Ltd) regarding the use of the Website and/or the Service. The failure of tingler to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.