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 AGREEMENT 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.
This service is designed for people from Tennessee who want to meet others from Tennessee.
ELIGIBILITY: NO PERSON UNDER THE AGE OF 18 MAY BECOME A MEMBER. By
becoming a Member, You represent and warrant that You are at least 18
years old or the age of majority in your jurisdiction, whichever is
older (the “Age of Majority”). The Service is intended for adults only.
By using the Service you agree that you have reached the Age of
Majority. If you continue with registration to this website or use of
the
Service in violation of this section, it may result in legal action. 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.
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 My Settings 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 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 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 is governed by the laws of the State
of Alabama 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 Alabama, City of Huntsville. 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.
Terms of service


