AsianDate Terms and Conditions


AsianDate Terms and Conditions

This Terms of Use Agreement (this “Agreement”) is made between SOL Networks Limited, located at 2, Sir Аugustus Ваrtоlо Str, Та’ Хbiex XВX 1091, Мaltа (hereinafter “AsianDate” or the “Website”) and the user of AsianDate.com (“You” or “Member”) with respect to communications with other members and other online services provided by AsianDate (the “Service”). By clicking “Sign Up” or “Find Your Matches” on the registration forms, You indicate Your acceptance of all the terms and conditions of this Agreement and Your registration on AsianDate Websites.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “SIGN UP” OR “FIND YOUR MATCHES” BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY ASIANDATE AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE.

AsianDate’s Privacy Policy applies to use of this Site, and its terms are made a part of this Agreement by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The terms of Acceptable Use Policy for Content Posted on the Website, and any notices regarding the Websites are incorporated by reference into this Agreement.

  1. Eligibility. By becoming a Member, You represent and warrant that You are at least 18 years old. Membership in the Service is void where prohibited. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
  2. Term. This Agreement will remain in full force and effect while You use the Website and/or are a Member of AsianDate. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by AsianDate customer support staff.

    AsianDate may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to AsianDate staff. Upon termination by AsianDate without cause, You shall receive a refund, pro rata, of any unused credits or fees that AsianDate has received from You. If Your membership with AsianDate is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall AsianDate be liable to You, for any refund of unused credits or paid fees for using AsianDate additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.

  3. Non-Commercial Use by Members. AsianDate.com is for the personal use of individual Members and/or Registered Non-Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website/ Application for any purpose. Illegal and/or unauthorized use of the Website/ Application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website/ Application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, applications, software, legal entities and services competitive with AsianDate.com. You further guarantee and warrant that You will not use the Website/Application for any commercial purposes, and/or send or receive funds thorough the Website/Application, and/or create accounts with fake usernames. You further guarantee and warrant that You will not be paid for using the Website/Application and services, provided on the Website/Application. Such activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
  4. Proprietary Rights in Content. AsianDate owns, licenses or otherwise retains all intellectual property rights in the Website and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of AsianDate and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

    Member agrees that AsianDate shall solely, exclusively and perpetually own all right, title and interest to the Content posted by Member on the Website, and shall have the rights to distribute, license, sub-license, market, promote, exhibit and otherwise exploit all rights therein in perpetuity, throughout the universe, in all languages and in all media formats and by any and all means (whether now known or later developed), including without limitation, all forms of theatrical, non-theatrical, television, interactive multimedia, home video, internet and on-line, publishing (both electronic and non-electronic), radio, electronic databases, merchandising and commercial tie in rights and all other allied, subsidiary, derivative and ancillary rights in and in connection with same, whether now known or hereafter developed, with no further obligation or compensation to Member.

    Member hereby releases, discharges and agrees to save AsianDate harmless to the fullest extent Member may lawfully do so, from any causes of action in law or equity Member may have or may hereafter acquire against AsianDate or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by AsianDate or its affiliates of the Content.

  5. Content Posted on the Website.
    1. You understand and agree that AsianDate may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, “Content”) that in the sole judgment of AsianDate violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members or any third parties.
    2. You are solely responsible for the Content that You publish or display (hereinafter, “post”) via the Website, or transmit to other Members.
    3. By posting Content to any public area of the Website You automatically grant, represent and warrant that You have the right to grant to AsianDate an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
    4. The following is a partial list of Content that is illegal or prohibited on the Website/Application. AsianDate reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
      • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
      • promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • publicly displays inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      • engages in commercial activities and/or sales without AsianDate.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
    5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
    6. You may not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
    7. You may not engage in advertising to, or solicitation of, other Members and/or Registered Non-Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although AsianDate cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, AsianDate reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AsianDate deems appropriate in its sole discretion.
    8. To ensure the quality of the Service provided, Your communication through the Website may be recorded.
  6. Co-registration. By becoming a Member, You agree that you might be registered on AsianDate’s partners websites. By using their services you agree with Terms and Conditions, Privacy Policy and other regulations, published on their website.
  7. Mobile services. By providing your mobile number you agree to receive various notifications from Website including but not limited to: account verification, password recovery, marketing notifications, invite notifications, your contact list activities notifications.
  8. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply AsianDate copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
  9. Member Disputes. You are solely responsible for Your interactions with other AsianDate Members/Registered Non-Members. AsianDate reserves the right, but has no obligation, to monitor disputes between You and other Members/Registered Non-Members.
  10. Use of the Website and/or the Service is also governed by the Website Privacy Policy.
  11. Disclaimers. THE WEBSITE PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. THE WEBSITE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE WEBSITE DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. THE WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, AsianDate cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. AsianDate is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. AsianDate DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. AsianDate is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AsianDate is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AsianDate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. AsianDate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will AsianDate be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members/Registered Non-Members, or any interactions between users of the Website, whether online or offline.
  12. Suppliers. To provide the Service, AsianDate purchases services from various agencies (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents, or employees of AsianDate. AsianDate is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, AsianDate is prohibited from rendering the Suppliers’ contact information. Services provided by the Suppliers include but are not limited to the following:
    1. Suppliers provide full, accurate and legitimate information required for the registration of referred Members at AsianDate prior to their registration according to the terms of Agreement.
    2. Suppliers provide full, correct and quality translation of all correspondence between Members.
    3. Suppliers provide additional services in accordance to the terms of their agreement with AsianDate.
    4. Any additional services requested by AsianDate Members, which fall into the Suppliers’ scope of activity, but not defined by AsianDate terms of Agreement with Supplier, including but not limited to, arrangement of a meeting with referred Members of the Supplier, provision of additional information on referred Members, or any other personal requests of Members, may be processed by Supplier, but are not automatically granted.
    5. Provision of any services not listed in this Article 12 is prohibited.

    AsianDate is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided “as is” and AsianDate expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AsianDate cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Receipt or exchange of funds or any other means of payment is prohibited on the Website.

  13. Members. AsianDate does not influence the relationships between Members of the Website. Members may terminate their membership with the Website at any time. Deactivation of profiles of Members of the Website is governed by the following:
    1. In the event a Member is no longer interested in the Services, AsianDate customer support administrators shall review the correspondence between such Member and other Members with whom the Member has been corresponding (the “Correspondent”) and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the Member. Notwithstanding the above, AsianDate customarily issues no more than 10 credits back to the Correspondent for such a Correspondent’s last letter to the deactivated Member.
    2. In the event a Member had requested his/her profile to be deleted from the Website for unspecified personal reasons, the Correspondent shall not have the right to receive any information with respect to the deletion of such a Member’s profile, as it would be in violation of AsianDate’s Privacy Policy. Furthermore, the Correspondent shall not be entitled to any refund with respect to his correspondence with such a Member. AsianDate may, at its discretion, issue 10 credits back to Correspondent’s account for Correspondent’s last letter to the Member, if this letter was the last one in their correspondence.
    3. In the event, a Member had found his/her match, and same is not the Correspondent, the Correspondent shall not be entitled to any refund with respect to this correspondence with such Member.
    4. In the event, a Member had been reported for inappropriate activities, AsianDate may, at its sole and unfettered discretion, issue a partial refund to the Correspondent, who had informed the Website of such Member’s inappropriate activity by providing incontrovertible evidence of same.
    5. In the event, a Member is found on an anti-scam site, or in case we receive reliable proof of the Member’s illegal activities from another Member, such Member’s profile may be deleted from the Website provided that AsianDate, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. AsianDate may issue a partial refund to the Correspondent who provided such information.
  14. Rights of Registered Non-Members/Purchase of Membership/Additional Purchases. Upon registering with the Website/ Application, a Registered Non-Member shall have 1 (one) calendar month to purchase a membership («Trial Period»). During the Trial Period, You shall have access to the following Services:
    1. Browsing of Members’ profiles;
    2. Inclusion of Your profile in AsianDate’s database and searchability by other Members;
    3. Ability to make changes to Your profile;
    4. Ability to read messages;
    5. Ability to respond to messages from Members with a positive balance on the account;
    6. Ability to purchase membership.

    In the event You fail to purchase Your membership during the Trial Period, your profile shall be de-activated, and You shall lose all access to the Services, provided however, that You shall retain the ability to purchase membership at any time

    Upon purchase of membership, a Registered Non-Member shall become a Member and shall have access to all Member privileges. All Services not included in the membership fee shall be provided at additional charge. Your membership will continue indefinitely until cancelled by You. After Your initial purchase of membership, and again after any subsequent membership period, Your membership will automatically renew for an additional equivalent period, at the price you agreed to when initially purchasing the membership. You agree that your account will be subject to this automatic renewal feature. If You want to change or terminate your membership, please contact our customer support at support@asiandate.com. If You cancel Your membership, You may use your membership until the end of Your then-current membership term and Your membership will not be renewed thereafter. However, You won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.

    By purchasing the 1 (one) calendar months membership, You authorize AsianDate to charge Your credit card, debit card or other payment method at such time and again, as Your membership will automatically renew at the beginning of any subsequent membership period, unless canceled by You prior to the expiration of any membership period, including any sales or similar taxes imposed on Your membership payments. Unless otherwise indicated in any applicable additional terms or communications AsianDate sends to Your registered email address, the renewal membership will be at the same membership fee as when you first subscribed, plus any applicable taxes, unless AsianDate notifies You at least 10 days prior to the end of your current term that the membership fee will increase. You acknowledge and agree that your payment method will be automatically charged for such membership fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your membership is subject to automatic renewals and You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from You and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable membership fees. Upon the renewal of Your membership, if AsianDate does not receive payment, You agree that AsianDate may either terminate or suspend your membership 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 membership commitment period will begin as of the day payment was received).

    Membership starts with a discounted fee for the first month and the standard fee of $9.99 for each following month.

    By subscribing to our monthly membership, you will receive the following benefits:

    1. A showcase of your account to all members during the membership period;
    2. A one-time package of 20 Welcome Credits;
    3. 10 free Live Chat sessions limited to 3 minutes each;
    4. First offline introduction messages to any member are free. We also offer several credit packages with the prices per credit ranging from $0.4 to $0.8. These credits can be used for any of our services: chats, emails, sharing photos and videos, etc.

    Cost of services: Basic Chat costs 1 credit per minute; Video Chat costs up to 6 credits per minute; Email costs 10 credits each; Sending/viewing photos or videos costs 15 credits each.

    Upon de-activation of Your membership, Your profile shall not be searchable by other Members. You shall retain the right to browse other Members’ profiles and to make changes to Your own profile. Upon additional purchase your membership is re-activated.

  15. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will AsianDate be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if AsianDate knows or has been advised of the possibility of such damages. AsianDate is not responsible for any expenses that you may have related to communicating with Members and Non-Members on our site but outside of using our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, AsianDate’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to AsianDate for the Service during the term of membership.
  16. U.S. Export Controls. Software from the Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department’s list of Specially Designated Nationals or on the U. S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
  17. Disputes. You acknowledge that the transactions involving your use of the Website and your purchase of products or services took place in New York City, New York or in Malta. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by AsianDate or through AsianDate will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of Malta.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.

    The LCIA’s Rules are available at http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    You will attempt to resolve all disputes with respect to the Services through communication with AsianDate’s customer service. If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above in this Section 14.Please also note should you chargeback any transactions billed to your account, AsianDate may be required to disclose any and/or all private communications sent/received by You through our Service in order to prove the validity of the charges billed to Your account and AsianDate’s privacy policy will therefore not restrain any such disclosures.

  18. Indemnity. You agree to indemnify and hold AsianDate, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and/or any allegations that any Content that You submit to AsianDate or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
  19. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member and/or Registered Non-Member of the Service, contains the entire Agreement between You and AsianDate regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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Audio Post


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There are a lot of reasons to be happy.


There are a lot of reasons to be happy.
This great life is so interesting, wonderful and exciting.
But not everyone understands the beauty and value of every moment and each breath.

Screenshot from 2017-06-30 12:38:27
I think that we should appreciate every time we breathe.
We should know the value of every moment and second of our life.
What do you think about that?
I am very interested to know.

makenny 2016 all rights reserved, copyright

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Passion knows two friends, love and freedom, or it dies


I wish with a first touch you`d melt, love, captured you in splendid disarray. You lose control, I grab your heart, set it free. A free heart becomes mine forever. Passion knows two friends, love and freedom, or it dies. Trapping passion is futile, if the birds never come back to you, they were never yours. To find the peace you so crave you must surrender your heart, less you never find it, money cannot buy it and water or fire cannot wash it away or burn it. You have to want peace, even if you do not know quite what it is, have you ever wanted something specific but did not know what it is? Love will last forever, and no one can steal this love from you, no matter what they do, say or have, the love needs no protection, it is powerful onto itself. Love consumes any other entity far and wide.

Screenshot from 2017-06-22 17:47:37

Look at your wealth it fills you visual life, but in the silence of your night, aloneness and avoid consume you with the bitterness of sadness. Love cannot live in a world of illusion; it needs attention, caring and smiles, you have to work to get love, the passion is a gift which rides on love. That wholesome embrace fills your pot of gold with a passion untold. When you find the love you have to look it in the eye, see its debt and lay yourself at its sweet embrace, it wants blind, empty a surrendered soul. Then it fills you up forever with a priceless embrace; passion is a precious gift which can make you smile and grant you wishes you never knew you had I prove every day, with my life. I gave myself to love, and it gave me what I wanted, then I became entangled with an illusion which confused me. I do not want to battle monsters again I simply want to find a true love will let me find the freedom I so crave, the love I will cherish till the day I die.

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Because I can


You like my name? It was a plan, my forefathers executed this plan and I am the result of it. I am a work in progress. I know the love I can see this love in the eyes and situations on the instant, when I see it I instant I recognize it and admonish it, sometimes I make up the meanings of words. I have that skill it was in-breaded in my by a universal entity, yes I a serious when I say that. I understand emotions, and if I stood at your side you would be very happy and more powerful I elude a presence, this is what makes you attracted to me. I can say, and you will believe me this is the power I possess. Do you want a man like me? Or do you want someone who you did not want in the past? I am reluctant to state that there are not many like me but fortunately for you, I am here now. Free and you can have me, but you can never own me if you have love in you  can capture me. But I belong to the universe, and I know what I am talking about, you cannot find another who can speak these words, write them and do so free hand. I do not know why I am single and available, you should be at my door right now taking me away with a pledge of eternal love. I can deliver passion in a manner, which when married to love, in a manner like no other, and you may take that to your bank, every day. Yes, I said that and I said these words they are my words I make them up as I go along because I can.

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A funny Man


Several people told me the following Mario you are: A funny man, you are a horrible man, you are fake, I love you, I want to marry you, I want to live the rest of my life with you, I love your name, I hate you, I will never speak to you again, I want to always be your friend, I want to be your wife forever, know what? I agree with you, now can we get with the affair of the day? the party is over long before it started, I copied out, got scared shit-less, there will be no naked women running around my house, no free sex, and my dreams did not come through yet, so the question remains will you marry me? or be my girlfriend? or give me what I want? [ because you will never be able to give me what I do not want] or all of the above, or let’s simply forget the whole thing and go back to misery, because I am the stunning result of insufficient love and improper passion. My main concern is how much loving, pamper, out-right endless sex [until I drop], what will it take to re-seat my consciousness again in a fashion where I can be content?

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Mario Kenny


The mountains are ancient, but they still get green, this is why I am sincere with eternity because I know it opens all the doors for me.

The energy, it lives, it has mercy, it has compThe mountains are ancient, but they still get green, this is why I am sincere with eternity because I know it opens all the doors for me. The energy, it lives, it has mercy, it has compassion and gives unique gifts of precious life, to the people who pay homage to its existence.

Screenshot from 2017-06-22 17:47:37

There is a natural energy that exists in all the universe, this energy is in every living being, and the energy is life itself. Happiness the greatest teacher, learn true happiness, you can transcend life and death because t he purpose of this life is to realise life itself. assion and gives unique gifts of precious life, to the people who pay homage to its existence.

There is a natural energy that exists in all the universe, this energy is in every living being, and the energy is life itself. Happiness the greatest teacher, learn true happiness, you can transcend life and death because t he purpose of this life is to realise life itself.

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nothing


nothing

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Secret Printer Code Could Be Breakthrough for Homeowners


Livinglies's Weblog

It seems more likely than not that the fabrications and forgeries of documents used in foreclosure and in trading were ultimately printed on a printer that conformed to Federal requirements. This could identify several facts about the documents that the banks and servicers have been denying for years.

Get a consult! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
—————-
Hat tip to M.C., who informs me that “the article is a little misleading because it implies it is only color laser printers but 60 minutes did a special about it decades ago and it was all printers and all copiers produce a unique image on each sheet of paper. OI believe the old version was just an inkless imprint like a document stamp.”
The pages from…

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The Money Trail vs. The Paper Trail Homeowners


Livinglies's Weblog

The Money Trail vs. The Paper Trail

by KK MacKinstry/Lendinglies.com

Homeowners trying to receive evidence of the money trail are stonewalled from obtaining the documents that would help them to prove their case and prevail.  Discovery is often blocked on ordinary grounds or on the basis of relevance.  Therefore Discovery must be executed with precision, caution and as part of the record.  Both the money trail and the paper trail matter, but revealing the money trail is much more difficult because in that discovery lies the smoking gun.

To date, foreclosures are based on fake, fabricated documents because the Megabanks deliberately designed underwriting requirements that required the destruction of the mortgage notes.  The servicer’s attorney typically proffers an original note that is robosigned by a party with no personal knowledge of the note or loan history and status.  Just because the documents appear facially valid and it contains all the…

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Foreclosure Mills Don’t Know Their Client


Livinglies's Weblog

If a lawyer goes into court claiming he represents X when in fact he never had any contact with X, was never retained by X and is not being paid by X, he is misrepresenting his status and that of X. The fundamental problem is that the lawyer has shown up without a client and X is not present. In judicial states this is simply a matter of jurisdiction or lack thereof. With X not there as Plaintiff there is no case to be decided.

When a lawyer files a notice of appearance but does not appear, it has its own consequences on the lawyer (Sometimes) and certainly on the party designated as the Plaintiff (A designation that is in most cases FALSE.)

Get a consult! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY…

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Zillow reporting inaccurate Foreclosure information and lowering property values


Livinglies's Weblog

Editor’s Note:  If you have been in foreclosure Zillow will often wrongfully list your home as foreclosed even if the home has not been sold.  It might be a good idea to check.  We have many clients who have tried and failed to have Zillow remove the inaccurate information.  Since realtors and appraisers use Zillow to assess home values, a foreclosure report on a property can cause a loss of value on the home and impact the value of surrounding homes.

Homeowners Say Real Estate Website Lists False Foreclosures

NORTH TEXAS (CBSDFW.COM) – A stranger’s knock lead to a troubling discovery for one North Texan.

“My house has never been in trouble,” Demetria Rogers told CBS 11 News.

She built her dream home from scratch in 2001.

Thus, when a stranger came knocking at her door one afternoon, it rattled her. The encounter was caught on her doorbell camera.

“I was wondering…

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Ocwen has a Confidential Ledger for each account.


This ledger was uncovered by a homeowner in DC while she did a discovery on Ocwen in her Deutsche Bank foreclosure.

Click on the link to download the document

CONFIDENTIAL LEDGER

 

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA

In re: Chapter 7 case

ANITA HEATHER KERNACS Case No. 09-00783

Debtor Hon. S. Martin Teel Jr.

United States Bankruptcy Judge

  1. OCWEN LOAN SERVICING LLC.
  2. DEUTSCHE BANK NATIONAL TRUST;
  3. MORGAN STANLEY ABS CAPITAL 1 Inc.

Trust 2007-NC2 Mortgage Pass-through

Certificates, Series 2007-NC2.

Respondents

DEBTOR`S OPPOSITION TO RESPONDENT`S OPPOSITION TO REOPEN AND MOTION FOR FINDING OF CONTEMPT AND IMPOSITION OF SANCTIONS

Comes now Anita Kernacs, Debtor, Pro Se, hereby submits this Memorandum in Opposition to Respondents Motion in Opposition to Debtor Motion to reopen and Motion for finding of Contempt and Imposition of Sanctions, filed May 8, 2017.

INTRODUCTION

The Respondent alleged and filed a Judicial Foreclosure stating that Debtor is in default on a Promissory Note, dated October 25, 2006, in the amount of $369,000 (the “Note”) and secured by a Deed of Trust on the Collateral and filed an in personam Judicial Foreclosure and the Judicial Foreclosure caused the previously discharged Debt to be re-adjudicated in the amount of $369,000.00.

The following facts are undisputed;

a). that the lien-holder has In Rem rights.

b). that the Mortgage-Debt in the amount of $369,000.00 is discharged.

The Debtor alleges that the Respondents needed to facilitate the Judicial Foreclosure, and created and Perfected a Title and to garner Standing, then the Respondents Recorded the following documents, about (5)five years post Discharge;

1). Document No 2015010557 Deutsche Bank Trust Assignment 02/04/15 book 1730 page 0015,

2). Document No 2015023044 Appointment Substitution Trustee 03/13/2015 book 1730 page 0015 and

3). Document No 2016089609 Lis Pendens 09/01/2016 book 1730 page 2019

Categorically, the Debtor contends that the Recordings violated the Discharge order according to 11 U.S.C code 362 et seq, because the Recordings were more than five years too late.

The respondents did not file an In Rem action, naming a property description and noticing all interested parties to claim, instead the Respondent filed an in personam Judicial Foreclosure, causing service of process on Anita H Kernacs the Debtor, the in personam Judicial Foreclosure eventually caused a re-adjudication of previously discharged Debt.

The Respondents Complaint for Judicial foreclosure did not contain the word In Rem in all of its body, and on line 5 of the Respondents Judicial Foreclosure Complaint; “Upon information and belief the Court has Personal Jurisdiction over Anita H Kernacs.” the Respondents brought the wrong case. The Debtor first cited the Jurisdictional issue in a Motion to Dismiss, but Respondents convincingly stated that the underlying Debt was not discharged, the Motion was denied.

In an In Rem action there is no need to sell the property to satisfy a Judicial Foreclosure action pursuant to D.C. Code § 42-815.01., Right to cure residential mortgage foreclosure default. If Deutsche Bank had brought an In Rem action, there would be no defendant, no Default, no Default amounts, no Note or Deed of Trust. Likewise in an in Rem action, there is no need for the Recording of Instruments like the Substitution of Trustee, Corporate assignments of Deeds of Trust to demonstrate Standing.

The Respondents represented to the civil court, in many instances that the Debt was not discharged, many times until the Honourable Judge Brian F. Holeman repeated, in his Order of April 12, 2017, that “It is further undisputed that the Loan was not discharged by the 2009 bankruptcy proceedings” the Judges` statement mirrors that of the Respondents during the pendency of the civil case.

The Respondents now come to the bankruptcy court admitting that the Debt is discharged and seeking to uphold its “In rem rights via Judicial Foreclosure” having filed an in Personam lawsuit and obtained a money Judgement of $369,000.00 concerning a Debt previously discharged by this Court.

For the Above reasons the Debtors` Motion to re-open should not be denied.

BACKGROUND

Judicial Foreclosure action pursuant to D.C. Code § 42-815.01

Right to cure residential mortgage foreclosure default.

The Respondents, Deutsche Bank initiated a Judicial Foreclosure on November 2, 2015, in the D.C. Superior Court. See Deutsche Bank National Trust Company, as Trustee v. Kernacs, Case No. 2015 CA 008446 R(RP) (D.C. Sup. Ct.) (“Foreclosure Action”). § 42–815.01.

At the very bottom of the first page and on each page of the whole complaint the words “This is an attempt to collect a debt and any information obtained may be used for that purpose” are printed on the bottom, below a line.

The Case is styled to name a Defendant, Anita Kernacs, the Debtor whose name is on the Note and on the Deed of trust.

The Case recited a Payment Default in the amount of $369,000.00, alien and the Respondents represented that they are the beneficiary of an Original Note allegedly signed by the Debtor.

The Respondents received the relief sought in their Judicial Foreclosure Case;

WHEREFORE, Plaintiffs prays this Honorable Court to grant the following relief;

a) That this court find that the Borrower(s) is/are in Default of the Deed of Trust and/or Note as applicable;

b) That the Court enumerates all amounts due to Plaintiffs pursuant to said Note and Deed of Trust.”

RESPONDENT STATED AN ERROR IN “RELEVANT BACKGROUND”

Doc 98 page 3

The Respondent stated an important “error” in their Motion at doc 98 page 3 in the second paragraph; “On November 2, 2015, Deutsche Bank initiated a judicial foreclosure action pursuant to D.C. Code § 42-816 in the D.C. Superior Court. See Deutsche Bank National Trust Company, as Trustee v. Kernacs, Case No. 2015 CA 008446 R(RP) (D.C. Sup. Ct.) (“Foreclosure Action”).”

What is correct is that the Respondents filed the action under D.C. Code § 42-815.01 and not D.C. Code § 42-816 there are important differences in the “error”. D.C. Code § 42-815.01 allows the debtor to cure and is a traditional Judicial foreclosure involving a default, a Note and Deed of Trust, adversely D.C. Code § 42-816; Sale of property — Deficiency judgement; limitations thereon; relief in the suit to enforce vendor’s lien. The Respondents error suited it better, but the Fact is that Deutsch Bank filed a Judicial Foreclosure under § 42–815.01 in the D.C Superior Court.

The Respondent has a history of causing logistical errors twisting important facts, acting in bad faith, and being oppressive, the case in point was the manner in which the Respondents controlled the narrative, in the Civil Case, that the loan was not discharged “It is further undisputed that the Loan was not discharged by the 2009 bankruptcy proceedings” similarly writing 816 instead of 815.01 the Respondents intended the actions that violated the discharge injunction.

PERFECTING A TITLE

The primary reasons that the Debtor is asking the Court to Reopen and impose Sanctions is because Deutsche Bank Recorded Instruments to Perfect a lien holder’s In Rem rights, Tardy, more than five years, after the Discharge, the Debtor reads the discharge rules and believes that a lien holder has a time limit to perfect its lien, then Deutsche Bank obtained a money Judgement on a previously discharged debt utilising the very documents, Recorded tardy.

To be clear, the Debtor is not addressing the In Rem rights of a lienholder, but the Debtor is contesting the late Recordings of a lien holder, the late recordings violate 11 U.S. Code § 362 – et.sq.

ARGUMENT

The Debtor is asking the Honourable Court to re-open this case because, a) the Respondents filed certain papers in the Public Record five years after the Discharge Injunction, b) the Respondents attempted to collect a debt subject to a discharge and c) the Respondents used collection measures which the Debtor alleges are prohibited under the discharge injunction and d) Deutsche Bank, the Respondents obtained a Money Judgement on a Debt previously discharged by this Court.

The Instruments the Respondents Recorded were all Recorded about five years after the injunction, all of the instruments were Recorded to perfect a lien, all of the instruments were Recorded to create a lien and to confer Standing which the Lien Holder did not perfect.

The Instruments recorded acts to perfect a title, create a title and to confer standing concerning alien underlined by a Debt of $369,000.00 which is subject to Section 524(a)(2) of the Bankruptcy Code, (a) A discharge in a case under this title— (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the Debtor, whether or not discharge of such debt is waived.

The Honorable Judge Brian F Holeman said it best in his ruling, see Respondents` Exhibit A on page 1 Procedural History;

On November 2, 2015, Plaintiff filed the Complaint for Judicial Foreclosure. Plaintiff seeks a judicial foreclosure of real property owned by Defendant and located at 4101 Albemarle Street, NW, #317, Washington, DC 20016 (the “Property”). (Compl. at ¶ 1.) Plaintiff alleges that Defendant is in default on a promissory note, dated October 25, 2006, in the amount of $369,000 (the “Note”) and secured by a Deed of Trust on the Property. (Id. at ¶¶ 7-25.) On December 3, 2015.” From this filing, the Respondents received a money judgement concerning Debt previously discharged.

Additionally, The respondents hired third party companies to enter upon the property to conduct regular door knocks, entered the Debtors home and attempted to enter upon the Debtors home, did skip trace on Debtors phone with visual surveillance, spoke to Debtors neighbours, acted to harass and intimidate wilfully in violation of the Discharge.

Whereas the Chapter 7 bankruptcy discharge extinguishes a lienholder’s in personam rights against a Debtor, the lienholder’s in rem right in the property serving as collateral for the lien will normally be unaffected despite the discharge, but in this case the Respondents began to Perfect the Title and Perfect the Lien, five years after the Discharge.

The record does not show that the debtor questions a lien-holders In Rem rights after the discharge, the Record shows the Debtor is alleging that the respondents are Perfecting a Title five years after the Discharge.

The Respondents stated in their Motion in opposition to reopening, Doc 98 page 7 that; “Coupled with its possession of the original blank-indorsed Note, Deutsche Bank was properly adjudged by the D.C. Superior Court to be entitled to enforce its secured in rem interest in the Property via judicial foreclosure.”

Here the Respondents admit that they presided over a Judicial Foreclosure which resulted in the re-adjudication of a pre-discharged Debt. The Respondent’s motions the Court to forget that the 11 U.S. Code § 362 et seq, furthermore the respondents motions the Court to allow it “to enforce its secured In Rem interest in the Property via judicial foreclosure”. The Debtor could not find a legal condition to fit the request, In Rem rights and Judicial Foreclosure are totally different to each other.

The Respondents Motion should be denied.

CONCLUSION

The Debtor is asking the Court to reopen the Case and to permit a Motion for finding of Contempt and Imposition of sanctions, based on the willingness of the Respondents to disregard Bankruptcy Laws, because knowingly going forward with collection activity, personally harassing/stalking Debtor, knowing or having reason to know that the debt is discharged, and getting re- adjudication of the underlying Debt is reason by itself, to reopen the case and award all just amounts. Additionally, the Respondents Perfected and Recorded In Rem rights five years after the Discharge.

Respectfully submitted under the penalty of perjury,

 

 

_________________ (Seal) ____________

Anita H Kernacs Date:

4101 Albemarle Street NW #317

Washington DC 20016

anitakernacs@yahoo.com

H: 202-686-1981

C: 202-341-4426

CERTIFICATE OF SERVICE

I, Anita Kernacs hereby certify that a true and correct copy of the foregoing was served electronically via email 5.12.17 on the following Lead Counsel(s)

S.Mohsin Reza ESQ,

Troutman and Sanders LLP

Email: Mohsin.reza@troutmansanders.com

Carlos Andres Uria, Esq.

Troutman Sanders LLP

Email: andy.uria@troutmansanders.com

Richard E. Hagerty

Troutman and Sanders LLP

Email: richard.hagerty@troutmansanders.com

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Faux Housing Recovery: US Mortgage Applications Tumble Most Since 2016


Livinglies's Weblog

After dismal housing starts and permits data yesterday, the ‘housing recovery’ narrative took another knock this morning as mortgage applications tumbled 4.1% last week – the biggest drop since December 2016.  If the Fed raises rates in June- there will be a further contraction.

While mortgage rates were unchanged, both purchases and refis fell notably…

  • Purchases down 2.7% after rising 1.7% in prior week
  • Refis fell 5.7% after rising 3.3% in prior week

Perhaps additionally of note the government’s programs saw a dramatic drop off in the last week…

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South Carolina joins crackdown against mortgage-servicing firm


Livinglies's Weblog

Ocwen Financial Corp. isn’t a household name in South Carolina or most other states, at least not to anyone outside of the mortgage or foreclosure business.

But its profile is quickly rising.

While the pain from the last residential real estate crash has largely subsided, the hangover is just starting to intensify for the Florida-based company.

Ocwen is coming under siege for its alleged botched handling of bank accounts set up to pay property taxes and insurance for home-loan borrowers, allegations the company insists are inaccurate and unfounded.

The dispute came to a head a few weeks ago, when regulators in more than two dozen states — including South Carolina — filed a flurry of similarly worded legal actions to block Ocwen from taking on any new business within their borders.

“The orders are the culmination of several years of examinations and monitoring by multiple state regulatory agencies…

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Statute of Limitations treated differently for Florida Reverse and Traditional Mortgages


Livinglies's Weblog

Statute Of Limitations Defense In Florida Foreclosures Not Quite Dead Yet? Trial Court Rules In Favor Of Deceased Borrower’s Daughter Against Bankster As Trial Court Notes Distinction Between Reverse Mortgage & Traditional Mortgage

http://consumerfsblog.com/

From a post at The Consumer Financial Services Blog:
  • The Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida recently dismissed a second foreclosure complaint, filed more than five years after the initial complaint and alleging the same incident of default, as barred by the statute of limitations.

    In so ruling, the Court also held that the borrower’s daughter and sole beneficiary to the property encumbered by a reverse mortgage had standing to assert the statute of limitations defense.

    In October 2007, a borrower entered into a “home equity conversion mortgage,” commonly known as a “reverse mortgage.” After the borrower died in May 2008, 100 percent of her…

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Counsel’s Authority to Represent


Source: Counsel’s Authority to Represent

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