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 16 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: You may register
as a Member of the Service for free. 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.
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.
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. 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 not 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.
(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 6 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 by e-mail 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.
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
legal' 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 Kingdom, please
note that the information that you provide is being sent to the United Kingdom.
By becoming a member of the Service, you consent to your data being sent to
the United Kingdom 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 16 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 United Kingdom without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the courts of the United
Kingdom, City of London. 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.