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.
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. 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 Philippines
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.