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 not refund 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 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 THIS WEBSITE IS HERE TO HELP PEOPLE, WE ALSO GIVE NO GUARANTEE TO ANYBODY THAT THEY WILL FIND THE RIGHT PARTNER OR RECEIVE RESPONSES TO THEIR ADVERT FROM USING THIS WEBSITE.
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 will be governed by the laws of the Republic of South Africa, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
