This online personals service is a way for
adults to meet each other (the "Service"). The Service is provided by
the owner of this web domain.
This legal agreement is made between You and Us ("Agreement"). This
Agreement applies to all of Our sites that are offering the Service.
Please read this Agreement carefully before registering for the
Service. By registering for the Service, You become a member (a
"Member"), and You agree to be bound by the terms and conditions of
this Agreement for as long as You continue to be a Member. IF YOU DO
NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO
NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS
AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, 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 AGREEEMENT ON THE
SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us
incorporating these terms and conditions for the provision of the
Service, as amended from time to time in accordance with the terms and
conditions set forth herein;
We, Us, Our" means the Service; and
"You, Your, Yourself" means the person who
registers for the Service, accepts the terms and conditions of this
Agreement and whose application for membership of the Service is
accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By
becoming a Member, You represent and warrant that You are at least 18
years old. By using this Web site, You represent and warrant that You
have the right, authority and capacity to enter into this Agreement and
to abide by the terms and conditions of this Agreement. Your membership
for the Service is for Your sole, personal use. 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.
REGISTRATION AND SUBSCRIPTION: Although You may
register as a Member of the Service for free, if You wish to use the
Service to initiate most communication with other members and use
certain other parts of the Service, You must become a subscriber and
pay the fees that are set out. This price list is part of this
Agreement And We reserve the right, at any time, to change any fees or
charges for using the Service. To become a Member, You must register
for the Service. When and if You register to become a Member, You agree
to provide accurate, current and complete information about Yourself as
prompted by Our registration form ("Registration Data"), and to
maintain and update Your information to keep it accurate, current and
complete. You agree that We may rely on Your Registration Data as
accurate, current and complete. You acknowledge that if Your
Registration Data is untrue, inaccurate, not current or incomplete in
any respect, We reserve the right to terminate this Agreement and Your
use of the Service and, in such event, You shall not be entitled to a
refund of any unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in
full force and effect while You use the Service and/or are a Member.
You may terminate your membership at any time, for any reason by
following the instructions on the Member Services page of the Service,
or upon receipt by Us of Your written or email notice of termination.
Either You or We may terminate your membership by removing your
profile, at any time, for any reason, with or without explanation,
effective upon sending written or email notice to the other party. Upon
such termination by Us without cause, We shall refund, pro rata, any
unused portion of any subscription payments that We have received from
You. In the event that (a) You terminate your subscription or
membership or (b) We determine, in our sole discretion, that You have
violated this Agreement. You shall not be entitled to nor shall We be
liable to You for any refund of any unused portion of any subscription
payments the We have received from You, and We may continue to bar Your
use of the Service in the future. Even after membership is terminated,
this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us
that the information posted in Your profile including Your photograph
are posted by You and that You are the exclusive author of Your profile
and the exclusive owner of Your photographs. You assign to Us, with
full title guarantee, all copyright in Your profile and your
photographs posted, at any time, in connection with Your use of the
Service. You waive absolutely any and all moral rights to be identified
as author of Your profile and owner of Your photograph and any similar
rights in any jurisdiction in the world. In addition, other Members may
post copyrighted information, which has copyright protection, whether
or not it is identified as copyrighted. Except for that information
which is in the public domain or for which You have been given express
written permission, You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
By posting information, photographs or content on any Service, You
automatically grant, and You represent and warrant that You have the
right to grant, to Us and other members, free of charge, an
irrevocable, perpetual, non-exclusive, royalty-free, fully-paid,
worldwide license to use, copy, perform, display, promote, publish and
distribute such information, content and photographs and to prepare
derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sub-licenses of the foregoing. All posting of images and information is undertaken as Your own risk and responsibility; We do not undertake to ensure that such images and information are not copied and re-posted elsewhere.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile
any telephone numbers, street addresses, last names, URL's or email
addresses, other than where You are specifically asked for such
information in the Confidential Personal Information section of the
Service. You will not engage in advertising to, or solicitation of,
other members to buy or sell any products or services through the
Service, and nor will you solicit (by Private Message, Internal Mail, Chatroom, Email or any other method), this site's members to subscribe to the products or services of any other site. You will not transmit any chain letters or junk email to other
members. You are solely responsible for Your interactions with other
members. We reserve the right, but have no obligation, to monitor
and/or mediate disputes between You and other members.
(2) You are solely responsible for the content or information You
publish or display (hereinafter, "post") on the Service, or transmit to
other members. You will not post on the Service, or transmit to other
members or to Us or Our employees, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes
or violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity). You
will not include in Your profile any offensive anatomical or sexual
references, or offensive sexually suggestive or connotative language,
and You will not post any photos containing nudity or personal
information. We reserve the right, but We have no obligation, to reject
any profile or photo that does not comply with the prohibitions set
forth in this section and, to the extent that We determine, in Our sole
discretion, to do so, You shall not be entitled to a refund of any
unused subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are designed to
make your online personals experience enjoyable. By becoming a member,
You specifically agree to accept and consent to receiving email
communications initiated from Us or through Us including, without
limitation: message notification emails, Your Match emails, emails
informing you about events and parties We organize, emails informing
You of promotions We run and emails informing You of changes to the
Service. Should You not wish to receive any of Our email
communications, please do not register with Us for the Service.
(4) You agree that We have no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by Our Service. You acknowledge that
features, parameters or other services We provide may change at any
time. You acknowledge that We reserve the right to sign out, terminate,
delete or purge Your account from the Service if it is inactive.
"Inactive" means that you have not signed in to the Service for a
particular period of time, as determined by Us, in Our sole discretion
(currently, we consider an account to be Inactive after 12 months).
(5) Our customer service employees are here to make your online
experience enjoyable by providing assistance and guidance to You. When
speaking to Our customer service employees on the phone or
communicating with them by any other means, You undertake not to be
abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing or racially offensive. Should any of Our customer service
employees feel, at any given point, threatened or offended by Your
conduct, We reserve the right to immediately terminate Your membership
and You shall not be entitled to the refund of any subscription
payments We have received from You.
We are entitled to investigate and terminate Your membership if You
have misused the Service, or behaved in a way which could be regarded
as inappropriate, unlawful or illegal. The following is a partial, but
not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(d)
You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
"data mine," or, in any way reproduce or circumvent the navigational
structure or presentation of the Service or its contents.
(e) You
will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(h)
You will not post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
(i)
You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the
Service.
(j) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(k)
You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in
order to direct any person to any other web site for any purpose.
(l)
You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of
the Service or any software used on or for the Service or cause or
enable others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify,
and hold Us and Our officers, directors, employees, agents and third
parties harmless, for any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out of
Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that any
materials that You submit to Us or transmit to the Service infringe or
otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (III)
Your activities in connection with the Service. This indemnity shall be
applicable without regard to the negligence of any party, including any
indemnified person.
ONLINE CONTENT: Opinions, advice, statements,
offers, or other information or content made available through the
Service, but not directly by Us, are those of their respective authors,
and should not necessarily be relied upon. Such authors are solely
responsible for such content. WE DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE
NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER
THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE
MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE
RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION,
VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE
AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER
MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE
TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property
rights in and to the Service are and shall be owned by Us, absolutely.
Those rights include, but are not limited to, database rights,
copyright, design rights (whether registered or unregistered),
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. All other trademarks, logos, service
marks, company or product names set forth in Service are the property
of their respective owners.
PRIVACY: The personal information (including
sensitive personal information) You provide to Us will be stored on
computers. You consent to Our using this information to build up a
profile of interests, preferences and browsing patterns and to allow
You to participate in the Service. You also agree to read, review,
comply with, uphold and maintain Our terms and conditions thereof. If
you are located outside of the United States, please note that the
information that you provide is being sent to the United States. By
becoming a member of the Service, you consent to your data being sent
to the United States and to such other third parties and jurisdictions
as may be involved in the provision and operation of the Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS"
BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED,
STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR
OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO 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 WE DISCLAIM LIABILITY FOR, AND
NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and conditions, We
cannot guarantee that each member is at least the required minimum age,
nor do we 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 on the Service and that
You may be involuntarily exposed to such offensive and obscene
materials. It also is remotely possible for others to obtain personal
information about You due to Your use of the Service, and that the
recipient may use such information to harass or injure You. We are 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. WE DISCLAIM 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.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF
PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE
INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN
YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
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 US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE
DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS
REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE
LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA
THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by
the laws of the State of California without regard to its conflict of
law provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of California, City of Los
Angeles. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.