1. Consent – Acceptance of Terms & Conditions

By creating a profile ('Profile') and using the Service, you acknowledge that you are fully informed of and agree to be bound by these terms of use ('Terms & Conditions'), our Privacy Policy, Cookie Policy and Community Guidelines.

These Terms & Conditions, together with the Privacy Policy, the Cookie Policy and the Community Guidelines, constitute the entire agreement between you and Ablo ('Agreement'). In case you do not agree to be bound by all of the terms of this Agreement, please do not use the Service.

2. Eligibility

The services offered by Ablo are for adults only. You must be at least 18 years old to create a Profile and use the Service. By creating a Profile and using the Service, you represent and warrant that:

• You can form a binding contract with Ablo.
• You will comply with this Agreement and all applicable laws and regulations.
• You will provide correct, accurate and true information that is not misleading, and that you will promptly update in case of any changes.
• You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction – meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You have never been convicted of a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence.

3. Membership

You can gain access to the Service and become a member (hereinafter 'Member') of Ablo by creating a Profile on the Service for free. To receive full access to all functionalities of the Service you need to get Coins (as defined in article 7.1), which are subject to payment of a fee.

You may sign in using your email address or using your Google Account. If you do so, you authorize us to access and use certain information from your Google Account as described in Google’s consent mechanism. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Ablo has the right to decline any request for membership if you do not meet the conditions for registration. No Member may subscribe more than once, not even by using a different name. The membership is personal to the Member and cannot be assigned or transferred to third parties.

You are responsible for maintaining the confidentiality of usernames, logins, passwords and/or other entry codes you use to sign up for Ablo (login credentials). Therefore, you are solely responsible for all activities that occur under those login credentials. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. You will indemnify Ablo for any claim arising in connection with these, other than in the event of fault exclusively attributable to Ablo or technical failure of the Services. If you have reason to believe that someone is using your login credentials, please immediately inform Ablo by sending an email to help-en@ablo.live.

4. Termination and Suspension

You may terminate your Ablo membership at any time, for any reason, via your Settings. Ablo may also terminate or suspend your membership at any time if it appears that you have violated the terms of the Agreement. Such termination or suspension can take place without prior notice. Following such termination or suspension, you cannot attempt to register as a Member or make use of the Service, unless we inform you that the suspension was lifted. Termination will not entitle you to any reimbursement.

5. Obligations for Members

In order to use the Service, you agree to comply with the Agreement and with applicable laws and regulations, and to respect the rights of other Members. In particular, you agree to:

• Use the Service while respecting its purpose, which is to allow individuals to chat for personal, entertainment and non-commercial purposes. You must not use this Service to sell any goods or services, or distribute any promotional materials, or other commercial or business purposes.
• Respect the intellectual property rights of the content disseminated on the Service, as well as the content provided by other Members. Thus, you agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Ablo’s prior written consent.
• Ensure that you define the limits of your private life and that you do not communicate confidential, sensitive or financial information through the Service.

Furthermore, you agree that you will not:

• insult other Members or post any statement or content that is defamatory, abusive, obscene, offensive, violent, political, racist, xenophobic, sexually explicit or pornographic. You will not post any statement or content that incites violence, contains nudity or is offending human dignity. In general, you will not post any statement or content contrary to the purpose of the Service or to applicable laws and regulations;
• use the Service for solicitation or prostitution;
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
• harm other visitors of the Service by installing computer viruses or other malware;
• share any misleading, harassing, threatening, defamatory or tormenting content;
• bully, stalk and harass other Members;
• try to convince other Members of your political or religious views. Excessive use of national or religious symbols won't be tolerated;
• impersonate any other person or use another Member’s account. You may only post content that relates to your true identity;
• share any illegal content or content that may encourage conduct that would be considered a criminal offense. Photos with weapons are not allowed;
• post content that infringes other people's intellectual property or portrait rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. This means you cannot copy other people's materials or photos without their explicit permission;
• post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to third-party websites on the Service that are illegal, immoral and/or not in conformity with the purpose of the Service;
• disseminate someone else’s personal information on the Service without his or her permission;

In case of an illegal and/or unauthorised use of the Service, Ablo may permanently or temporarily prohibit all access to the Service or terminate your account. In case of a criminal offence committed by a Member, Ablo may take any available legal action, including – when necessary - transfer of that Member's personal data to the competent authorities. All of this can be done without prior notification to the Member concerned. More information on how we process your personal data can be found in our Privacy Policy.

YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS ABLO, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.

6. Safety

6.1 The Ablo Service is a place where you can talk to new people around the world in your own language. Keeping the Service a safe and friendly environment is important both for you and for us. As a result, Members acknowledge and accept that content they provide, as well as their behavior or comments made through the Service, may be reported by other Members and may be subject to acts of moderation and/or control by Ablo on the basis of specific assessment criteria.

If you see content or experience behavior on the Service that violates this Agreement, please report it to us in a timely manner by clicking the 'Report' button. If Ablo considers your complaint to be justified, such offending content will be removed as soon as possible.

6.2 You agree to take reasonable precautions when you interact with other Members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our Guidelines before you start using the Service. If you post and/or disclose to other Members any confidential or sensitive information, such as personal information (surname, postal address, email, telephone number…) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ABLO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS. ABLO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE ABLO EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF YOU MEET IN PERSON.

7. Purchases

7.1 Coins

To receive full access to all functionalities of the Service, each Member has the option to purchase a limited, personal, non-transferable, revocable license to use coins (hereinafter 'Coins'). You are only allowed to purchase Coins from us through the Service and not in any other way.

Ablo, in its sole discretion, reserves the right to charge fees for the right to access or use Coins and/or may distribute Coins with or without charge. The right to use Coins starts immediately upon the acceptance of your purchase by Ablo until termination of your account by either party, or when Ablo ceases providing the Service.

Any Coins balance shown in your account does not constitute a real-world balance or reflect any stored value, and may only be redeemed through the Service. The transfer of Coins is prohibited, and you shall not sell, redeem or otherwise transfer Coins to any person or entity.

All purchases and redemptions of Coins made through the Service are FINAL AND NON-REFUNDABLE. You acknowledge that Ablo is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Coins when an account is closed, whether such closure was voluntary or involuntary. However, if Ablo ceases providing the Service, Coins and/or changes its business model, you will be entitled to a refund on a prorated basis.

7.2 In-App Purchases

Ablo may offer Coins for purchase through third parties such as iTunes or Google Play, if applicable. In this particular case, these in-app purchases are made from the third parties and governed by their terms and conditions. The billing terms, the payment terms as well as the terms applicable for renewal and termination will be communicated to you by the third party and shall be accepted before the purchase. Ablo is not responsible or liable for such third parties’ terms or actions.

8. Notifications and Service Messages

By creating a Profile, you consent to Ablo providing you with important notices about your account or services associated with the Service. These notices can be shared directly on the Service, via app notifications or with a banner notice across its pages, or through other means associated with your account, like email or phone.

The contact information you provide must be accurate or you may not receive these notices. Please review your Settings to control what kind of messages you receive from Ablo. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.

9. Disclaimers

9.1.ABLO PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABLO GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ABLO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

In particular and without limitation:

• Even though Ablo makes all reasonable efforts to ensure that the Service is operational and free from errors, the nature of the Internet in general and software in particular do not allow providing a continuous and error-free operation. Ablo is not responsible for any lack of functionality, lack of access or poor conditions of use of the Service due to unsuitable equipment, to internal functionality failures of the Member’s equipment, to overload of the Internet network, to force majeure or to all other reasons external to Ablo.
• The operation of the Service may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, Ablo will notify its Members before any maintenance operations or updates which may materially impact the Service.
• Members also acknowledge that Ablo uses translation tools for the Service which provide automated translations. Ablo cannot guarantee the quality, accuracy and reliability of those translations.

9.2. ABLO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. ABLO CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, ABLO CANNOT BE HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABLO, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF ABLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ABLO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO ABLO FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

11. Third-Party Services

Ablo is only liable for the Service and does not exercise any control over third-party websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Service may redirect. If you choose to interact with third parties made available through our Service, such party’s terms will govern your relationship with them. Ablo is not responsible or liable for such third parties’ terms or actions.

12. Intellectual Property Rights

12.1. Content Disseminated on the Service

This Agreement does not grant Members any rights, implied or otherwise, to the content disseminated on the Service. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Service are the exclusive intellectual property of Ablo and its licensors as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Ablo or its licensors, subject to legal action.

The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the membership on the Service. Any other use by the Member is prohibited. The Member is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempt to extract the source code composing the Service, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service or computer codes of the elements composing the Service, in any way whatsoever, subject to legal action.

12.2 Content Disseminated by the Member

You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile.

When you post, upload, display or enter data that is meant to be viewable to the other Members, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to Ablo a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Service or develop new ones. These rights are granted for the duration of the Agreement between you and Ablo and are subject to your rights under applicable law.

13. Disputes – Governing Law

13.1 Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Ablo in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Ablo (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator.
3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Ablo (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

13.2 For Members residing in the EU or European Economic Area or other countries where our arbitration agreement is prohibited by law, the Agreement shall be governed by, construed and enforced in accordance with the laws of Belgium, subject to mandatory laws and regulations in force in the country of residence of the Member. The courts of Brussels, Belgium will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country of residence of the Member.

13.3 If you reside in the EU or European Economic Area, you may also submit your complaint on the platform of online dispute resolution hosted by the European Commission at: https://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s complaint to the competent national mediators. In accordance with the rules applicable to mediation, prior to any request for mediation, the Member must first raise any dispute with Ablo in writing in order to attempt an amicable resolution. In the event that an amicable solution cannot be reached, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the EU or European Economic Area.

14. Notice and Procedure for Making Claims of Copyright Infringement

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 Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including 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.

Notice of claims of copyright infringement should be provided to our Copyright Agent at copyright@match.com or the following address:

Ablo
Massive Media Match NV
Copyright Compliance Department
8750 North Central Expressway, Suite 1400
Dallas, Texas 75231
(214) 576-3272

Ablo will terminate the accounts of repeat infringers.

15. Personal Data

Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy to understand how we process your personal data, what your rights are and how to exercise them.

16. Changes to Ablo and to the Terms & Conditions

We may update the content and/or features of the Service at any moment in order to improve the quality of the Service. We may also modify the Terms & Conditions at any moment. The most recent version will be posted on the Service, and you should regularly check for the most recent version.

Modified versions will take effect thirty (30) days after being published on the Service, and your continued use of the Service after the changes become effective shall indicate your acceptance of the new version.

If changes to the Terms & Conditions negatively affect your rights and obligations or affect a service for which you performed a payment, you will be informed of the nature of these updates or modifications by reasonable means, through notification or email, when they are implemented on the Service. In such case, you have the right to cancel this service and receive a pro rata refund, provided you notify us within the aforementioned period of thirty (30) days.

17. Translation

This Agreement is drafted in the English language. To the fullest extent permitted under applicable law, if this Agreement is translated into any language other than English, the English version shall control and prevail in case of any discrepancies or ambiguities due to translation.

Arbitration Procedures

1. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the 'Arbitration Procedures') are applicable to all arbitration proceedings involving you and Ablo. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules (the 'JAMS Rules'), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the JAMS Rules.

2. Commencing an Arbitration. To commence an arbitration against Ablo, you must complete a short form, submit it to JAMS, and send a copy to Ablo at Match Group, Inc., PO Box 25458, Dallas, TX 75225. To learn more about commencing an arbitration and to obtain a form to institute arbitration, please visit the JAMS website and download the form available at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

3. Fees. You are responsible for paying your portion of the fees set forth in the JAMS’s fee schedule for consumer disputes. Ablo will pay all remaining fees. If your claim against Ablo is for less than $1,000, we will pay all fees. If you believe you cannot afford JAMS’s fee, you may apply to JAMS for a fee waiver.

4. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution.