Terms & Conditions

Last updated: 08/19/2024

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This Application (the “App”) is operated by Viral Software, LLC DBA Xclusive Experiences (“Xclusive”). The Terms of Use set forth below are binding on all users of this App. By accessing the App, you accept these Terms of Use. Xclusive may revise these Terms or modify or discontinue the App or services offered at any time at its sole discretion. Xclusive reserves the right to deny access to the App to any user who violates these Terms or applicable laws.

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The Terms of Use set forth below are binding on all users of this website and the app.

By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Use. Xclusive may change the Terms of Use, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. Xclusive reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that Xclusive determines has violated any aspect of these Terms of Use. Xclusive reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Xclusive.

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TEXT COMMUNICATION

By providing your phone number, you agree to receive communications via text messages regarding your account including account verifications.

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ADULT USERS ONLY

This App is not intended for children under 18 years of age. If you are under 18, you are strictly prohibited from using this App. For experiences involving alcohol, users must be at least 21 years of age.

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PERSONAL SAFETY

Xclusive strongly advises you to exercise caution when sharing personal information with other users.

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No Background Checks: Xclusive does not conduct criminal background checks or screenings on users. However, we reserve the right to perform background checks or screenings (including sex offender registry searches) at any time using publicly available records.
User Responsibility: You represent that you have never been convicted of a felony and are not required to register as a sex offender with any government entity.
Risks of Interaction: While we encourage safe practices, Xclusive cannot guarantee the safety or appropriateness of interactions between users. Users are responsible for their personal safety.

If you believe another user is harassing or misusing your information, notify local law enforcement and contact us immediately via the feedback form.

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XCLUSIVE STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE. XCLUSIVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. XCLUSIVE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOU REPRESENT THAT YOU HAVE NEVER BEEN CONVICTED OF A FELONY AND THAT YOU ARE NOT REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY.

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Your safety and security are very important to us. The nature of this Website promotes the sharing of personal information by users with other users. Xclusive cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person's home solely using that person's correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via our Feedback Form so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

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IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT Xclusive IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE

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By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.

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Permissible Activities‍

Xclusive provides a platform to connect users for personalized virtual and in-person experiences.

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‍Prohibited Conduct

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Users agree not to engage in the following:

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Solicitation of sexual favors, illegal activities, or any activity that violates these Terms or applicable laws.
Posting or sharing obscene, pornographic, or exploitative material.
Misrepresentation of identity or intent.
Harassment, abuse, or inappropriate behavior toward other users.

Violations may result in account suspension, termination, or legal action.

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Service Limitations

‍The App strictly prohibits the offering, soliciting, or engaging in any form of prostitution or exchange of services for sexual activities. Payments made through the platform are solely for virtual or in-person experiences and services provided, such as attending events or professional interactions.

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XCLUSIVE MEMBERSHIP AND OTHER PAID FEATURES

Xclusive is free, but if you would like to upgrade to an Xclusive premium or any other paid features (the "Service"), the following terms apply. Billing and Payment. Xclusive bills you through an online account for use of the Service. You agree to pay Xclusive all charges you subscribe for on the Website using this online account. Xclusive may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.

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AUTOMATIC RENEWAL

Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
By subscribing, you authorize Viral Software Limited Liability Co. DBA ("Xclusive") to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if Xclusive does not receive payment, you agree that Xclusive may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that Xclusive is authorized to charge the payment method in your online account. Xclusive may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.

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LIMITED LICENSE

When you purchase features in the web application for a fee, some purchases grant you an unlimited license to use a feature during a set time period. Other purchases may grant you a limited license to use a feature where the license is governed by the use of "tokens", "points" or similar terms ("License Triggers") during a set time period. Upon the expiration of the time period, any unused License Triggers expire. In some cases, we may redeem any unused License Triggers ourselves prior to termination and provide you the feature(s) related thereto so you have no unused License Triggers when the license period expired, although we are not obligated to do so. We may also give you a license to use features that use License Triggers for free or as part of a promotion. In all cases, any license to use any of our Services is subject to your compliance with these Terms & Conditions and a non-exclusive, non-transferable and revocable.
You understand and agree that while License Triggers may be described as being "purchased", "bought", "redeemed" or "spent", the License Triggers themselves are not real world or virtual currency and do not refer to an credit balance of real currency or its equivalent. Rather, you receive a limited license to use certain features we offer and the License Triggers are for use only to organize how that license may be used. The purchase and sale of this limited license is a completed transaction upon receipt of your payment and is not refundable regardless of the extent to which you use the license. Your ability to use any License Triggers related a license is effective immediately once they are placed in your Account. If you choose to not use the license to its fullest extent, and let License Triggers expire or allow us to redeem them for you, if applicable, you may do so. Any License Trigger balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead only constitutes a measurement of the extent of your license. We may redeem any unused License Triggers for you promptly after their expiration date if we choose. If you delete your account, we are entitled to redeem all your unused License Triggers on the date of deletion.
The terms of any purchase will be explained on the purchase page on our website, where you will provide your billing information and confirm the particulars of your purchase. If you purchase a license that uses License Triggers, your order will represent an offer to us to purchase a license for the relevant feature(s) which will be accepted by us when we make the License Triggers available in your Account or debit your credit card, whichever comes first, and you can then use the feature(s) immediately. Some purchases will automatically renew. If a purchase that automatically renews involves License Triggers, we will charge your payment method upon the expiration of the license you purchased and the number of License Triggers you originally purchased will be added to your Account to allow you to continue to use the licensed feature(s). Any additional terms of any purchase including an automatic renewal will be explained on the purchase page, which are incorporated herein.

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PRIVACY

You should appreciate that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See Xclusive's privacy policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use.

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SECURITY

Xclusive uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; Xclusive cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

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ACCESS AND PROPRIETARY RIGHTS

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ACCESS AND PROPRIETARY RIGHTS

So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about Xclusive or its products and services, or to otherwise communicate with Xclusive or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Xclusive or third parties which is prohibited by law and could result in substantial civil and criminal penalties.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

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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 (and such description must be reasonably sufficient to enable Xclusive to find the alleged infringing material);
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.

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Xclusive, Xclusive Dating, Xclusivedating.com, and other identifying marks of Xclusive are proprietary to Viral Software Limited Liability Co. DBA Xclusive. You may not use these marks for any purpose without the express prior written consent of Xclusive. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of Xclusive or any third party.

In certain instances, Xclusive may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

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LINKS

This Website may contain links to other websites that are not operated or controlled by Xclusive. Use of these links to access other Internet sites is at your own risk. Xclusive is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Xclusive establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

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NOTICES AND DISCLAIMERS

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT Xclusive'S
WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Website, including password protected information relating thereto may be changed by Xclusive at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. Xclusive's provision of any such information is not intended to constitute an endorsement or recommendation, by Xclusive, of such products or services.

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USE OF THIS WEBSITE IS PROVIDED "AS IS, WHERE IS, AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES XCLUSIVE PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. Xclusive EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL Xclusive BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. Xclusive SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF Xclusive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT Xclusive CORRECT THE MATTER OR, IF Xclusive FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

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ARBITRATION AND GOVERNING LAW

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company 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.
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By using the Website or 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 the Company (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. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
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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 the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
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This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Wyoming without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

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Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

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UNIQUE AND BONA FIDE PROFILE

You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide date-seeking purposes (for example, you may not use the Website solely to compile a report of dating users in your area, or to solicit). From time to time, we may create test profiles in order to monitor the operation of our services.

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COMMERCIAL USE PROHIBITED

The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.

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CONDUCT

In your digital interactions with other users (including, but not limited to: site messages, instant messages, journal postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the website. Xclusive reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, Xclusive may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user's conduct is harmful to the community.

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COMMUNICATIONS

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

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SPECIAL STATE TERMS

The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, low, Minnesota, New York, North Carolina, Ohio and Wisconsin:

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You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Viral Software Limited Liability Co., Attn: Xclusive Cancellations, 1309 Coffeen Avenue STE 13853 Sheridan Wyoming 82801, USA (in addition, Ohio users may email us at contact@viralsoftwarellc.com. Please include your Legal Name, email address and phone number in any correspondence or your refund may be delayed. If you cancel, Xclusive will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such a three day period, we will refund the full amount of your subscription.

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In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Xclusive) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.