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 AGREEMENT 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.
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. 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.
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.
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