|
 |
|
|
 |
This Agreement sets out the legally binding terms of your use of the DateFace.com Service (the "Service"), as provided by DateFace, Inc. ("we", "us" or "DateFace.com", as used in this Agreement). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user ("Member") of the Service.
Adult
By registering, you represent, warrant and covenant that you are at least 18 years old.
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
Exclusive Use
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or transfer your account to any other person or entity.
Online Conduct
You agree to use the Service in accordance with the following Code of Conduct:
- you are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Members;
- you will not include in you Member Profile any personal contact information, including but not limited to street addresses, telephone numbers, URLs, email addresses, or AOL Instant Messenger screen names;
- you will keep private all information provided to you by other Members of the Service, and will not provide such information to any third party without the consent of the person who provided it to you;
- you will not harass other Members of the Service in any way, including but not limited to the posting of any content that is libelous or slanderous, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- you will not use profane, obscene, sexually explicit or otherwise offensive language when corresponding with other Members of the Service unless mutually agreed upon;
- you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person or any third party, including but limited to the unauthorized posting of copyrighted images and text;
- you will not use the Service to transmit "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- you will not use the Service to engage in any commercial activities, including advertising and/or sales without the prior written consent of DateFace.com;
- you will not distribute or up load any virus, or attempt to harm or alter the Service, DateFace.com systems or any other members' systems in any way.
- you will not use the Service to promote any illegal activities or provide instructional information for the carrying out of any illegal activities;
- You will use the Service in a manner consistent with all applicable laws and regulations.
Monitoring of Content
You understand and agree that DateFace.com has the right, but is not obliged to, review and delete any content, including but not limited to public messages, images, email, DateFace Messenger messages, Member Profiles, audio and video recordings (collectively, "Content") that in the sole judgment of DateFace.com violates the terms set forth in the Code of Conduct, or is deemed otherwise inappropriate. DateFace.com does not and cannot review all material that is posted or sent by users of the Service, and is not responsible for the content of this material.
External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
Privacy and Confidentiality
You acknowledge that DateFace.com cannot control, and is not responsible for, the use by others of any information that you provide through your use of the Service. We cannot ensure the privacy or security of information you provide through DateFace Messenger, email, or any aspect of the Service. We assume no responsibility for the accuracy of information provided by other users.
With the exception of information provided to other Members by you in connection with the use of the Service, DateFace.com will keep confidential all information supplied to DateFace.com by you, including credit card number(s) and other financial information. We shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law.
By registering, you agree to allow DateFace.com to anonymously collect information provided by you through your use of the Service for the purpose of demographic, behavioral, and other research. This information will be used by DateFace.com to enhance the value of the Service.
For further information, please see our Privacy Policy.
Fees and Payments
MEMBERSHIP FEES ARE NON-REFUNDABLE.
You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.
Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
No Warranties
We provide this Service on an "as is" basis and grant no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service. We do not warrant that this Service will be uninterrupted or error-free. We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We cannot guarantee and do not promise any specific results from use of the Service. DateFace.com specifically disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement.
Limitation on Liability
In no event will DateFace.com be liable to you or any third party for any incidental, special, consequential, indirect or punitive damages arising out of or relating to the use or inability to use the Service. DateFace.com is not liable for damages do to the loss or corruption of data, service interruptions or errors, or any lost profits resulting from your use of the service, even if we have been advised of the possibility of such damages.
DateFace.com is not responsible for any loss or damage arising out of or resulting from the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, and/or any other damages resulting from any interactions between users of the Service, whether online or offline.
Under no circumstances will our aggregate liability to you for any cause whatsoever, and regardless of the form of the action, exceed the price paid by you for your account.
Proprietary Rights
The Service contains copyrighted material, trademarks and other information that is proprietary to us, our partners and our Members. 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 permission by the owner, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Modifications
DateFace.com reserves the right to modify this agreement from time to time. In the event of a change in this Agreement, notification will be posted on the Service and/or sent via email, as we may determine in our sole discretion. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Governing Law
This Agreement sets forth the entire understanding and agreement between you and DateFace.com with respect to the subject matter hereof. This Agreement and the relationship between you and DateFace.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County and State of Florida. The failure of DateFace.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. DateFace.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of DateFace.com, if our obligations hereunder are assumed by a third party, DateFace.com shall be relieved of any and all liability under this Agreement.
|
|
|
|
|
