| This online dating service is a way for adults to meet each other (the
"Service"). The Service is provided by DocDates, Inc, whose principal office
is located at 3822 Atlantic Avenue, Brooklyn, New York 11224 ("DocDates").
This legal agreement is made between You and Us ("Agreement").
Please read the Agreement
carefully before registering for the Service. By registering for the
Service, you become a DocDates 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.
In these conditions 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;
"We, Us, Our" means DocDates
"You, Your, Yourself" means the person 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 communicate with other
members and use certain other parts of the Service, you must become a
subscriber and pay the fees that are set out in
our price list. This
price list is part of this Agreement. We may 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 we shall not refund You 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, or upon receipt by Us of Your written or email notice of
termination. Either You or Us may terminate your membership by removing your
profile at any time, for any reason, without explanation, effective upon
sending written notice to the other party. Upon such termination by Us, We
shall refund, pro rata, any unused portion of any subscription payments that
have been received from You, provided that in the event that We determine in
our sole discretion that there has been any breach of this Agreement by You,
We shall not be liable to You for any refund of any unused portion of any
subscription payments and 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 warrant and represent to Us that the
information posted in Your profile is posted by You and that You are the
sole author of your profile. You assign to Us with full title guarantee all
copyright in Your profile. You waive absolutely any and all moral right to
be identified as author of Your profile and any similar rights in any
jurisdiction. 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 permission, You will not copy, modify,
publish, transmit, distribute, perform, display, or sell any such
proprietary information. By posting information or content to any of Our
public area, You automatically grant, and you represent and warrant that You
have the right to grant, to Us and other Members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display
and distribute such information and content 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 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 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 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 E-mail
addresses other than where asked for it in the Confidential Personal
Information section. 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 these prohibitions and
we shall not refund You unused subscription fees. 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 E-mail to other Members. For protection of members against
such conduct, We imposed a 30 message-per-day limit on subscribers. You are
solely responsible for Your interactions with other Members. We reserve the
right, but We have no obligation, to monitor and/or mediate disputes between
You and other Members.
2) E-mail communications sent from Us or through Us are designed to make
your online dating experience exciting. By becoming a member You
specifically agree to accept and consent to receiving e-mail communications
initiated from Us or through Us these include: message notification e-mails,
"Your Match" e-mails, e-mails informing you about events and parties We
organize, e-mails informing You of promotions We run and emails informing
You of new and existing features We provide. Should You not wish to receive
any of our e-mail communications please do not register with Us for the
Service or terminate your Membership with Us.
3) 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 or delete your
account for being "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. The amount of time that We currently considers as a
"particular" period of time is 90 days. Therefore, You must login to the
Service at least once every 90 days from the date Your Membership has been
activated or Your profile will be purged from the Service.
4) Our customer service Employees are here to make your online experience
much more pleasing 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 any
refund of unused subscription fees.
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 or whose conduct is unlawful or illegal. The following is a
partial list of the type of actions that are illegal or prohibited under
this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed
by Us, without Our specific prior written consent.
4) 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.
5) 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.
6) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the
servers or networks connected to the Services or the site.
8) 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.
9) You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
10) You will not "frame" or "mirror" any part of the Service, without Our
prior written authorization. You also shall not use meta tags or code or
other devices containing any reference to Us or the Service or the site in
order to direct any person to any other web site for any purpose.
11) 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 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 NEITHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES
OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE 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 OPINION 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 E-MAIL MESSAGES. E-MAILS 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 the
Service shall be owned by Us absolutely these include and are not limited to
database rights, copyright, design rights (whether registered or
unregistered), trade marks (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 this website 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
Us using this information to build up a profile of interests, preferences
and browsing patterns and to allow You to participate in the Service. All
Members also agree to uphold and maintain Our Privacy Policy and to the
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 as may
be involved in the provision and operation of the Service. You may read a
full description of our
Privacy Policy.
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. We
do not warrant that Your use of the Service will be secure, uninterrupted,
always available, or error-free, or 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.
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, or
"hackers") of the Service.
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 MEMBERSHIP.
WE DO NOT 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, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS 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
State of California without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in the state and federal courts
of the State of California, City of Los Angeles. 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.
You certify that You read and that You agree to be bound by the terms and
conditions in this Agreement. |
