Terms of use
Effective on 2023-24-01
1. INTRODUCTION
By accessing or using Aria Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Community Guidelines, and Safety Tips, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND Aria. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so check this page regularly for updates.
Welcome to Aria, operated by Ringle dating ltd
Your access and use of our Services is also subject to the Privacy Policy, Community Guidelines, Safety Tips and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Aria (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Aria, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Aria.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
1. You are at least 18 years old;
2. You are legally qualified to enter a binding contract with Aria;
3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
4. You are not on any list of individuals prohibited from conducting business with the United States;
5. You are not prohibited by law from using our services;
6. You have not committed, been convicted of, or pled no contest to a felony or 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 users of our Services;
7. You are not required to register as a sex offender with any state, federal or local sex offender registry;
8. You do not have more than one account on our Services; and
9. You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account.
You agree to:
· Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
· Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
· Use the latest version of the Website and/or App;
· Treat other users in a courteous and respectful manner, both on and off our Services;
· Be respectful when communicating with any of our customer care representatives or other employees;
· Review the Safety Tips;
· Review and comply with the Community Guidelines, as updated from time to time; and
· Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
· Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
· Use the Services in a way that damages the Services or prevents their use by other users;
· Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
· Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
· Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
· Post or share Prohibited Content (see below);
· Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
· Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
· Use another user’s account;
· Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
· Violate the terms of the license granted to you by Aria (see Section 6 below).
· Disclose private or proprietary information that you do not have the right to disclose;
· Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Aria prior written consent;
· Express or imply that any statements you make are endorsed by Aria;
· Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
· Upload viruses or other malicious code or otherwise compromise the security of our Services;
· Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
· “Frame” or “mirror” any part of our Services without Aria prior written authorization;
· Use meta tags or code or other devices containing any reference to Aria or the platform (or any trademark, trade name, service mark, logo or slogan of Aria) to direct any person to any other website for any purpose;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
· Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
· Use, access, or publish the Aria application programming interface without our written consent;
· Probe, scan or test the vulnerability of our Services or any system or network;
· Encourage, promote, or agree to engage in any activity that violates these Terms; or
· Create a new account after we suspend or terminate your account, unless you receive our express permission.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content— Aria prohibits uploading or sharing content that:
· Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
· Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
· Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
· Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
· Is defamatory, libelous, or untrue;
· Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
· Involves the transmission of “junk” mail or “spam”;
· Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Aria or otherwise;
· Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
· Was not written by you or was automatically generated, unless expressly authorized by Aria;
· Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
· Is inconsistent with the intended use of the Services; or
· May harm the reputation of Aria or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
3. CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Aria provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Aria, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
Aria owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Aria does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful Aria community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report” link on a user’s profile or as part of the messaging experience. You may also email Aria Customer Service mati@mndy.org.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services , preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
5. PRIVACY
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Aria and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
6. RIGHTS YOU ARE GRANTED BY Aria
Aria grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Aria grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Aria and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
7. RIGHTS YOU GRANT Aria
You own all of the content you provide to Aria, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Aria a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Aria’s license to Your Content shall be non-exclusive, except that Aria’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Aria would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Aria can prevent the use of Your Content outside of our Services, you authorize Aria to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Aria is not obligated to take any action with regard to use of Your Content by other users or third parties. Aria’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Aria allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Aria regarding our Services, you agree that Aria may use and share such feedback for any purpose without compensating you.
You agree that Aria may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
11. DISCLAIMER
Aria’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
Aria PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Aria DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, Aria MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
Aria ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES Aria ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH Aria. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Aria IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Aria has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to mati@mndy.org .
Aria will terminate the accounts of repeat infringers.
14. LIMITATION OF LIABILITY
Aria’s liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Aria, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED 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 SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Aria HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Aria’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Aria FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST Aria, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
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.
15. DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e,
15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact Aria Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Aria, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Aria” shall include our affiliates, employees, licensors, and service providers.
Aria values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to mati@mndy.org . If Aria has a Dispute with you, Aria agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Aria to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Aria’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Aria agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Aria requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss Aria’s Dispute with you, Aria agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Aria may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Aria engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.
15b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND Aria EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND Aria EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST Aria. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND Aria AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute, claim, or controversy between you and Aria (that is not resolved informally by Aria Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Aria may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Aria challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Aria’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Aria (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 those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and Aria shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
1. Commencing an Arbitration – To initiate an arbitration, you or Aria shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to mati@mndy.org , within 10 days of delivery of the Demand for Arbitration to NAM. If Aria sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.
2. Fees – The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Aria of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Aria is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Aria initiates an arbitration against you, we shall pay all fees.
3. The Arbitrator – The arbitration shall be conducted by a single, neutral (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
4. Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
5. Discovery –Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
6. Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
7. Arbitration Hearing – You and Aria are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
8. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Aria and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
10. Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against Aria or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.
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a. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
b. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or Aria in writing and submitted to NAM and all Parties.
c. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for Aria shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for Aria shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Aria and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.
d. You and Aria agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Aria acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or Aria prior to the time of your consent to this Agreement and to any claims that accrue against you or Aria after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against Aria prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: mati@mndy.org. Please do not direct any customer support inquiries mati@mndy.org, as they will not be addressed; such inquiries should be directed to Customer Service at mati@mndy.org . You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Aria after your consent to this Agreement in accordance with this Dispute Resolution Section.
16. GOVERNING LAW
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. For the avoidance of doubt, for users residing outside of the United States, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted this Agreement. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.
17. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Dallas County, Texas (except for claims filed in small claims court.
any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Aria that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Dallas County, Texas, U.S.A. You and Aria consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
18. INDEMNITY BY YOU
You agree to indemnify Aria if a claim is made against Aria due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Aria, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.
19. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Community Guidelines, and Safety Tips, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
20. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Community Guidelines, Safety Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and Aria regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Aria account is non-transferable and all of your rights to your account and its 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. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Aria in any manner.
Safety tips
Meeting new people is exciting, but you should always be cautious when interacting with someone you don’t know. Use your best judgment and put your safety first, whether you are exchanging initial messages or meeting in person. While you can’t control the actions of others, there are things you can do to help you stay safe during your Aria experience.
Online Safety
Never Send Money or Share Financial Information
Never send money, especially over wire transfer, even if the person claims to be in an emergency. Wiring money is like sending cash — it’s nearly impossible to reverse the transaction or trace where the money went. Never share information that could be used to access your financial accounts. If another user asks you for money, report it to us immediately.
For tips on avoiding romance scams, check out some advice from the U.S Federal Trade Commission on the FTC website .
Protect Your Personal Information
Never share personal information, such as your social security number, home or work address, or details about your daily routine (e.g., that you go to a certain gym every Monday) with people you don’t know. If you are a parent, limit the information that you share about your children on your profile and in early communications. Avoid sharing details such as your children’s names, where they go to school, or their ages or genders.
Stay on the Platform
Keep your conversations on the Aria platform while you get to know your match. Because exchanges on Aria are subject to our Safe Message Filters, users with bad intentions often try to move the conversation to text, messaging apps, email, or phone right away.
Be Wary of Long Distance and Overseas Relationships
Watch out for scammers who claim to be from your country but stuck somewhere else, especially if they ask for financial help to return home. Be wary of anyone who will not meet in person or talk on a phone/video call—they may not be who they say they are. If someone is avoiding your questions or pushing for a serious relationship without meeting or getting to know you first — that’s a red flag.
Report All Suspicious and Offensive Behavior
You know when someone’s crossed the line and when they do, we want to know about it. Block and report anyone that violates our terms. Here are some examples of violations:
Requests for money or donations
Underage users
Harassment, threats, and offensive messages
Inappropriate or harmful behavior during or after meeting in person
Fraudulent profiles
Spam or solicitation including links to commercial websites or attempts to sell products or services
You can report any concerns about suspicious behavior from any profile page or messaging window or to mati@mndy.org . For more information, check out our Community Guidelines.
Protect Your Account
Meeting in Person
Don’t Be In A Rush
Take your time and get to know the other person before agreeing to meet or chat off Aria. Don’t be afraid to ask questions to screen for any red flags or personal dealbreakers. A phone or video call can be a useful screening tool before meeting.
Meet in Public and Stay in Public
Meet for the first few times in a populated, public place — never at your home, your date’s home, or any other private location. If your date pressures you to go to a private location, end the date.
Tell Friends and Family About Your Plans
Tell a friend or family member of your plans, including when and where you’re going. Have your cell phone charged and with you at all times.
Be in Control of Your Transportation
We want you to be in control of how you get to and from your date so that you can leave whenever you want. If you’re driving yourself, it’s a good idea to have a backup plan such as a ride-share app or a friend to pick you up.
Know Your Limits
Be aware of the effects of drugs or alcohol on you specifically — they can impair your judgment and your alertness. If your date tries to pressure you to use drugs or drink more than you’re comfortable with, hold your ground and end the date.
Don’t Leave Drinks or Personal Items Unattended
Know where your drink comes from and know where it is at all times — only accept drinks poured or served directly from the bartender or server. Many substances that are slipped into drinks to facilitate sexual assault are odorless, colorless, and tasteless. Also, keep your phone, purse, wallet, and anything containing personal information on you at all times.
If You Feel Uncomfortable, Leave
It’s okay to end the date early if you’re feeling uncomfortable. In fact, it’s encouraged. And if your instincts are telling you something is off or you feel unsafe, ask the bartender or server for help.
LGBTQ+ Travel
Be careful while traveling. We recognize and believe in the importance of being inclusive of all gender identities and sexual orientations, but the reality is this: nowhere in the world is without potential risk, and some countries have specific laws that target LGBTQ+ people. Check out the laws around you when you travel to a new place and research what types of legal protection, if any, are available to you based on sexual orientation. In the event that you’re in unsafe territory, we suggest disabling your Aria account or going Incognito. It’s important to exercise extra caution if you choose to connect with new people in these countries - as some law enforcement have been known to use dating apps as tools for potential entrapment. Some countries have also recently introduced laws that criminalize communications between individuals on same-sex dating applications or websites and even aggravate penalties if that communication leads to sexual encounters.
Sexual Health & Consent
Protect Yourself
When used correctly and consistently, condoms can significantly reduce the risk of contracting and passing on STI’s like HIV. But, be aware of STIs like herpes or HPV that can be passed on through skin-to-skin contact. The risk of contracting some STIs can be reduced through vaccination.
Know Your Status
Not all STIs show symptoms, and you don’t want to be in the dark about your status. Stay on top of your health and prevent the spread of STIs by getting tested regularly. Here’s where you can find a clinic near you (US only).
Talk About It
Communication is everything: Before you get physically intimate with a partner, talk about sexual health and STI testing. And be aware — in some places, it’s actually a crime to knowingly pass on an STI.
Consent
All sexual activity must start with consent and should include ongoing check-ins with your partner. Verbal communication can help you and your partner ensure that you respect each other’s boundaries. Consent can be withdrawn at any time, and sex is never owed to anyone. Do not proceed if your partner seems uncomfortable or unsure, or if your partner is unable to consent due to the effects of drugs or alcohol. Read more about it here.
Resources for Help, Support, or Advice
Remember — even if you follow these tips, no method of risk reduction is perfect. If you have a negative experience, please know that it is not your fault and help is available. Report any incidents mati@mndy.org and consider reaching out to one of the resources below. If you feel you are in immediate danger or need emergency assistance, call 911 (U.S. or Canada) or your local law enforcement agency.
RAINN’s National Sexual Assault Hotline
1-800-656-HOPE (4673) | online.rainn.org | www.rainn.org
Planned Parenthood
1-800-230-7526 | www.plannedparenthood.org
National Domestic Violence Hotline
1-800-799-SAFE (7233) or 1-800-787-3224 | www.thehotline.org
National Human Trafficking Hotline
1-888-373-7888 or text 233733 | www.humantraffickinghotline.org
National Sexual Violence Resource Center
1-877-739-3895 | www.nsvrc.org
National Center for Missing & Exploited Children
1-800-THE-LOST (843-5678) | www.cybertipline.com
Cyber Civil Rights Initiative
1-844-878-2274 | www.cybercivilrights.org
VictimConnect - Crime Victim Resource Center
1-855-4VICTIM (855-484-2846) | www.victimconnect.org
FBI Internet Crime Complaint Center
LGBT National Help Center
1-888-843-4564 | www.glbtnationalhelpcenter.org
Trans Lifeline
1-877-565-8860 (US) or 1-877-330-6366 (CA) | www.translifeline.org
Community Guidelines
We expect everyone on Aria to treat each other respectfully, with kindness and compassion. We do not tolerate hateful, hurtful, or harassing content on Aria. We consider unsolicited sexual content and messages to be sexual harassment. We don't like jerks, so please don't be a jerk.
Here's the thing. We want you to think about this one rule: treat online interactions as you would even if they were offline. This also applies when interacting with our lovely Billing, Moderation, and Support teams!
· When sending messages, consider what you would say to someone who you just met at a club or coffee shop.
· When uploading photos, consider if the same pose or outfit would be appropriate in public.
· When creating a profile, consider if you'd feel comfortable having a family member or friend read it.
Aria is not a magical place where people want to hear about your sexual fantasies out of the blue, or where you can be mean to someone with no repercussions. Treat it as a place where you can talk to other humans about things that matter to you both, and remember that the best way to make a meaningful connection with someone is to treat them well.
Below are our community guidelines and moderation standards. If you see anyone who violates these guidelines, please report them to us right away.
In this article:
Harassment
Sexual Harassment/ Explicit Sexual Content
Hate
Violent or Graphic Content
Profile names and profile text
Unique and bona fide profile
Fake accounts
Couples/ joint accounts
Solicitation
Contact information
Illegal behavior
Minors/ under 18
Photo rules
Offsite behavior
Reporting
Harassment
If you wouldn’t say it to someone you just met in person, you shouldn’t be saying it online. Messages should be respectful, appropriate, honest, and kind. We don't tolerate "negging" (insulting statements disguised as "flirting") or other rude behavior. This expectation also includes interactions with Aria staff. People found to be sending harassing messages will be banned.
Additionally, profile content itself should also be respectful and kind. Profile essays which are found to be overly combative or hateful may be removed or may even result in your profile being banned.
Sexual Harassment/ Explicit Sexual Content
Exposing other people to your sexual fantasies without their consent is rude and inappropriate, and it's not what most people on Aria are looking for. If your profile is reported to us as sexually explicit or offensive, it will be banned. This includes kink/ fetish profiles, profiles describing which sex acts they are looking for, etc.
We also do not allow unwanted sexually explicit messages on Aria. This includes descriptions of sexual acts/ kinks/ fetishes, sexualized comments about people's photos, etc. Even if someone says they are open to hookups on their profile, it does NOT mean they want sexually explicit messages.
Finally, we do not allow sexually explicit photos or nudity.
We consider this to be sexual harassment and will ban any offenders that are reported to us.
Hate
We take the truth of everyone’s inalienable rights very seriously. Our belief in them has acted as our inspiration since our founding. We proudly stand rooted in inclusivity..
Any content (including in profiles and messages) that promotes or condones racism, bigotry, violence, hate, dehumanization, or harm against individuals or groups based on things like race, ethnicity, disability, age, nationality, sexual orientation, gender, gender identity, religion, appearance, or occupation/association with a group is strictly forbidden and may result in you being permanently banned. This includes but is not limited to:
· Symbols of hate groups in photos, racist or offensive memes, etc.
· Hateful slurs, offensive statements, coded language, dog whistles, or references to being a member of a hate group
· Giving approval (even tacit) or statements of support towards a hate group or their ideals
· It also includes your reports to Aria staff: if you flag a profile for no other reason than being trans, for example, it may result in your own profile being banned.
Violent or Graphic Content
We do not allow any content in photos, profiles, or messages that is threatening, incites violence, contains graphic or gratuitous violence or gore, or is disturbing or otherwise inappropriate for a dating site. This does also include depictions of self harm which can in turn be harmful for others to see. This content will be removed and may also get you banned.
Profile names and profile text
We consider your profile's display name and your profile text to be similar to a first message or first impression to other members of the site: we expect both to be respectful and appropriate. If your profile text or name could be seen as offensive, hateful, obscene, or clearly trolling, we will take moderation action, up to and including banning your profile.
Your listed name should be the name you like to go by. It can be your first name, your initials, or a nickname- all are fine. It does not have to be the full name on your birth certificate! We do not check listed names against any kind of ID, and we trust people to enter names they'd like to go by themselves. That said, we will still moderate based on names if they include offensive or obscene language, or make a profile appear to be fake (i.e. using a celebrity name instead of your own).
Unique and bona fide profile
You must create only one unique profile. In addition, your use of Aria must be for bona fide relationship-seeking purposes (for example, you may not use Aria solely to compile a report of compatible singles in your area, to find people to join a club or group activity, or to write a school research paper).
Additionally, deleting and re-creating your account to get around other member's Passes or Blocks of you is not acceptable. If we see excessive and suspicious account deletion activity we may ban your profile.
Fake Accounts
We do not tolerate any kind of fake accounts on Aria. Your profile must be really of you, and must be for dating purposes.
Creating a fake account will get your main account as well as the fake account(s) banned.
Also, your profile details such as age, height, location, etc. must be accurate. We restrict searching and showing profiles based on mutual fit for details like age, location, gender, and orientation for a reason: so that you can find a person who is looking for someone just like you. Changing these details to appear in searches that you would not otherwise is not allowed and will result in your profile being banned.
Couples/ Joint accounts
We do not allow joint accounts or couples accounts, that's cool! However, you'll want to link accounts with your partner instead of having one joint account.
· If you are in a relationship and are dating outside of that relationship without your partner's consent and/or without disclosing your relationship status, that is a violation of our community guidelines and will get your profile banned.
Solicitation
Using Aria for commercial solicitation or exchange of money is prohibited. Do not share your own financial information (PayPal, Onlyfans, Venmo, Amazon wishlist, etc.) for the purpose of receiving money or goods from other members. Do not attempt to get other member's financial or other private information.
Do not send messages or create accounts for the purpose of driving members to a business or external site. This includes recruiting people for a hobby or activity if it's not for dating purposes. Adding a link to an external site that redirects to a pay-site is not a clever way of skirting our solicitation rules, we will spot it.
We also do not allow references to sugar daddy/baby dating, asking for gifts to date, wanting to be $poiled, etc, or phrases like "Send me $5 and see what happens" on your profile. This all falls under solicitation of money/goods and is not allowed.
Likewise, we also do not allow offers of money for sex, sugar daddies, acceptance of solicitation offers, etc.
Doing any of these will get you banned.
Contact information
We do not allow anyone to post private information for public display, including their own private information, but especially other people's. Violations of other people's privacy will result in a ban.
It's always good to be cautious when exchanging contact info. A sign of a scammer, fake account, or someone up to no good is when they are in a hurry to give you their offsite contact info too quickly. This could be because they want to get you away from Aria so they can continue talking with you even after we ban them, or they are sharing someone else's contact info to get revenge on them.
Don’t give your phone number out too quickly - If you keep communication on the dating site, then you are much more protected. If the user is discovered to be a scammer or has other bad reports against them then you may see the profile disappear quickly-- this is likely because we've banned them. If a user vanishes and re-appears under another name, that is a very very bad sign. We ban people for good reasons. If you have given them your phone number or email address too quickly then you won’t see if we have banned them.
If something seems strange about the way someone is exchanging contact info, or if they are displaying a phone number or email address prominently on their profile or photos, please report.
Illegal behavior
It should go without saying, but discussion or promotion of anything illegal is not allowed and will result in getting you banned. This includes illegal sexual acts, drug dealing, fraud, threats, or anything else that is against the law. We do not tolerate any kind of discussion about underage sex, including dd/lg fantasies.
Minors/ under 18
You must be 18 to use Aria. We do not allow minors to use Aria. Although all profiles only allow you to enter an age over 18, sometimes people will lie about their age. If you suspect a profile of being made by someone who is under 18, please report them to us.
If we find someone to be knowingly engaging in inappropriate conversation with someone who has revealed themselves to be under 18, we will also ban that profile.
Photos
A list of photo rules here:
· Photos should include your face (profile photo album), or be pictures you've taken (elsewhere).
· We do not allow any photos with nudity or explicitly sexual content.
· We also do not allow any hateful imagery (white power/ nazi images, racist meme photos, etc). This will get you banned. Any photos of anything overly violent, offensive, illegal, disturbing, or otherwise inappropriate for a dating site will be removed and may also get you banned.
· Photos with contact information on them (including phone number, email address, kik, Facebook address, etc) will be removed. Repeated violation of this rule or other suspicious behavior may result in the profile being blocked as well.
· Photos of you as a kid, or of your kids but without you in the photo as well will be removed.
· Finally, we will remove any image where the copyright holder has asked to have it removed, or where we strongly suspect the user is not the copyright holder (e.g., stock photos).
· For multiple offenses or extreme cases, profiles may also be banned and removed.
If a photo is removed you will be emailed and told that this has happened and warned that repeated offenses might get you banned. This warning isn't a fake one, and we will ban your account for multiple infractions.
Offsite behavior
We do ban for extreme offsite behavior. Please report any instances of offsite abuse, assault, harassment, stalking, theft, or anything else illegal or that makes you feel unsafe. (Note: we will not tell the person you're reporting to us that you have reported them or why they were reported).
In these cases, we encourage you to reach out to law enforcement as well, who we will cooperate with where needed.
Reporting
Please help us by reporting anything or anyone that does not follow our community guidelines.
You can report a profile.
A note on false reporting:
In some cases we will ban an account if we've found it to be creating false reports against other users. This includes flagging/reporting trans or nonbinary users for no reason other than their gender or orientation, false/ made up reports of bad behavior, etc.
A final note:
While our community guidelines cover most instances of moderator action, it is not an exhaustive list, and we do Terms of Use to ban anyone from Aria for any reason if we see fit