|Electronic Customer Agreement & Interraciallife.com dating SERVICE User Agreement |
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
BY CLICKING I AGREE BELOW, YOU AGREE (1) TO ENTER INTO AGREEMENTS WITH INTERRACIALLIFE.COM known here after as Service ELECTRONICALLY; AND (2) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE ELECTRONIC CUSTOMER AGREEMENT ( END USER AGREEMENT) SET FORTH BELOW. SHOULD YOU NOT DO SO YOU WILL NOT BE ALLOWED TO CONTINUE.
You hereby authorize Service to send all notices, disclosures, records, agreements and documents relating to this Service and your account (collectively, Disclosures) electronically to your email address, or to post Disclosures online with notice to you, such as a hyperlink or online directions on where to retrieve the information. You agree to print a copy of any electronic Disclosures for your records.
Disclosures may include, but are not limited to: Service's End User Agreement. Disclosures may also be mailed to the post office mailing address provided by you. In the event that a Disclosure is not sent electronically, it will be sent by International mail. You agree to promptly correct or keep current your email address by logging onto this service and changing it on your account information screen. Service is not responsible in the event you fail to do so and do not receive notifications from Service. To access Disclosures electronically and print copies for your records, you must have internet and e-mail access, as well as access to a printer. The following hardware and software is necessary: A personal computer and software to access the internet with an email account.If you wish to discontinue receiving notification by email disclosures, you may only do so by terminating your account with us. You are still responsible for any transactions that you made prior to terminating your account.
Service's END USER AGREEMENT
1. BY CLICKING I agree BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED ELECTRONIC CUSTOMER AGREEMENT AND THIS Services's END USER AGREEMENT (collectively, Agreement), WHICH MAY BE CHANGED FROM TIME TO TIME, IN OUR SOLE DISCRETION. BY CONTINUING TO USE THIS SERVICE AFTER THE POSTING OF SUCH CHANGES, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOTACCESS OR USE THIS SERVICE (collectively, the Service).
2. This Agreement is made by and between Service, and you, a service enduser or member (hereinafter You, User ). YOU MAY ONLY USE THIS SERVICE AS PROVIDED IN THIS AGREEMENT. You represent and warrant that you are at least 18 years old. You agree to provide us with complete, accurate and current registration information. This site may contain links to other sites. Service is not responsible for the privacy practices or content of such web sites.
3. We may, in our sole discretion and at any time, modify or discontinue this Service, limit or terminate or suspend your use of the Service; and with 30 days advance notice, introduce charges for various upgrades that may be offered with this Service.
4. We hereby license you to use the Service, including related documentation, on a non-exclusive basis. You may send or receive emails using this Service. This Service is authorized for a single User only. You cannot share this Service with any other person, entity or business (unless such parties are registered Users of this Service). You may not copy, distribute, transmit, license, post, sell, create derivative works, transfer, modify, reverse-engineer, decompile, disassemble, or make derivative works of any software or components or otherwise that are available in connection with this Service. All of the foregoing is strictly prohibited. Free access (membership) to this service is a promotional free service membership and does not imply that you are able to utilize all service upgrades without becoming a paid member. Any member that establishes an account on this website receives the right to access the service and view member pictures and profiles. Additionally a free member may send flirts to members but in order to view their responses to those flirts, must upgrade their service membership by becoming a paid member. Other communication or website interaction with website service members also requires service upgrades through the establishment of a paid membership. Your registration and use of this Service is non-transferable and you may not use this service to send messages on behalf of persons or entities, other than yourself, as a paying customer. You may not assign your limited right to access and use this service to any other person or entity. Registered end-users are only authorized to use Services? messaging system or to send/receive messages through this service if authorized to do so. End-users are prohibited from sending messages or receiving messages on behalf of any other person or entity than the registered end user (subscriber).
5a. This service is provided to allow interaction between singles.
5b. By using this Service, you agree to abide by Service's Policies and Procedures as presented in this agreement. Service does not sell, lend or disclose any private information about users to any other party. Service reserves the right to immediately terminate your membership if you violate your obligations under this agreement. THERE WILL BE NO REFUNDS ISSUED IN SUCH CASES. You must be legally single. You agree that all information which you provide to us or members shall be current, truthful and appropriate. We reserve the right to edit or reject photos, Audio files, Video files, or text messages or Greetings, which in our sole judgment are inappropriate. You agree to not post your email address, telephone numbers and address except in the properly designated fields in your online profile. You agree not to use or include hyperlinks. We reserve the right to edit your material. YOU MAY NOT USE THE CONTENTS OR YOUR PROFILE, MESSAGING FEATURES OF OUR SERVICE, EMAIL ADDRESSES OBTAINED OR ANY OTHER FEATURE OF OUR SERVICE TO PROMOTE ANY TYPE OF PRODUCT, SERVICE, OR OTHER COMMERCIAL VENTURE. YOU AGREE TO PAY DAMAGES TO SERVICE IN THE AMOUNT OF ONE THOUSAND DOLLARS, US. FOR EACH INSTANCE OF VIOLATION OF THIS POLICY AND IT IMMEDIATELY SHALL TERMINATE YOUR ABILITY TO USE OUR SERVICE. You may not engage in any conduct which creates a hostile environment for other users/members of this service. You may not use this service to send chain letters, junk email, or solicit illegal or immoral activity or any kind. Service has a zero tolerance policy for immoral behavior of any kind. If you exhibit any immoral conduct your account will be terminated and no refund given. You agree that Service is not responsible for the actions of its members or communications by those members to you.
5c. By using this Service or providing your personal profile to this dating site, you agree that the parent company that owns this Service, may at its sole discretion, include your dating Profile on other parent company owned dating sites for a trial or extended period of time. These dating sites are owned by the same Company that owns the dating site you are signing up with or providing your personal Information to, so no transfer of your personal information is involved in this process to any different entity.
5d. Prohibited reference to membership status. Members are not permitted to indicate whether they have a paid or nonpaid status as a service member in their personalized greeting messages (greetings). Service will delete all such references and reserves the right to delete any portion of the greeting that it deems objectionable or adverse to its policies for any reason without explanation in its sole discretion.
5e. We collect information from visitors to our site regarding the URL they came from, their IP addresses, domain types (e.g. .com or.org), the browser type used to come to the site, the country, state and telephone area code where their servers are located, the pages of our site that visitors viewed during their visit and any search terms entered on our site. Cookies are used to manage your sessions on this website and to properly segregate your sessions and information from other users. If you disable cookies on your computer you may not be able to access certain areas on this website or properly utilize this service.
6. Cancellation of Service / NO REFUND POLICY. The purchase of this Service (subscription of Service) is non-refundable. The cost or charges for this Service and upgrades is not refundable under any circumstances. All Services charges as billed are final. Service has a no-refund policy, similar to any subscription term service. Refunds are not offered for any Service charges or subscriptions regardless of duration. Since this is a Subscription based service, we cannot provide refunds of any kind. Once a payment has been received, Service cannot be cancelled. This agreement may be amended at our sole discretion at any time. Service reserves the right to amend this service agreement without prior notification. Changes will be available on our HTTP server at this website address. Continued use of our service constitutes acceptance of all changes of the service agreement. It is the responsibility of each user to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of this agreement. Any violation of these terms and conditions shall be immediate grounds for termination of your right to use this Service at any time at our sole discretion without refund. Service will automatically charge the members account each month (on the anniversary date of the initial billing) for the duration of the service when the member signs up for the monthly service. If the member signs up for longer service periods the member will be automatically be renewed at a monthly rate (on the anniversary date of the intial billing). In all instances member will not be notified of the automatic billing charges prior to the charging of their account. This will occur until the member engages in the automantic renewal cancelation process as discribed in the HELP link which is on the top right corner of each page on this Website. Members will be billed in full automatically for these additional renewal periods without prior notification until member terminates this Service by following the above-referenced cancelation process.
The following PRECAUTIONS are incorporated into this agreement and are part of the Service user Agreement.
While Online dating can lead to off-line friendships you could be exposing yourself to a risk of physical harm. Service is specifically advising you to be careful in your dealings with those you meet or correspond with through this service. Service cannot screen these individuals nor does it advise you to proceed unless you assume all risks associated with meeting strangers. You certainly need to proceed with caution. You would not give a stranger on the street your name, address or telephone number, so don't do it online. Protect yourself with the following common-sense guidelines.
Don't give anyone your personal information including email address, phone number, address or place of work during early correspondence. Stop communicating with anyone who tries to pressure you into giving this information. Check with your ISP and make sure that your Online Profile does not give out more personal information than you are comfortable with. For added security you may also use email redirection services such as Bigfoot, Hotmail, MailZone, NetAddress, Netforwardetc.
Trust your Intuition, if you don't want to respond to someone, don't. It is often simply kinder no to respond to someone you immediately know is not your type. If you suspect someone is trying to lie to you, you are probably correct. Don't waste time trying to elicit the truth from them. Accept that they are dishonest and not likely to change. Drop correspondence.
Do not reply to mean-spirited and nasty messages. Don't allow yourself to be pressured into meeting anyone. When you do decide to meet someone who company you enjoy online and we counsel against that, meet in a public place and bring your friends. Plan a short initial meeting in a public setting and allow yourself to leave if you don't feel comfortable. If you start feeling unsure or uncomfortable about your meeting or date, politely extricate yourself from the situation. Excuse yourself and leave by the back door if necessary. Service has no mechanism to and does not prescreen individuals who respond or place dating profiles, personal advertisements or any other material online through our service. It neither can nor does it assume any responsibility for any information, data and other contents thereof for any contacts received in response thereto, for any meetings that may subsequently result (whether by telephone, in person, or any other means or for any other consequences of any and ALL kinds, whatsoever (whether direct or indirect).
7. DISCLAIMER OF USE: You use this service at your own risk and Service assumes no responsibility for your use of this service or interaction with other users for any reason. This site does not accept registration by children and requires adult usage with credit card authorization exclusively. Service user assumes all risk of use of service as to accidental sharing of users service profile and messages. Never include personal information you would not want others to have access to. Service cannot guarantee confidentiality of created service user Profiles, email messages or content due to the complexities surrounding service access through what is referred to as a Proxy Server. Never transmit confidential material or information using this service as service cannot guarantee confidentiality to materials or information transmitted due to possible proxy server issues which are not under the control of this service.
Restrictions On Use.
8. The use of this service shall be consistent with the public interest and must avoid all discourteous, negative, rude commentary or immoral conduct or practices. All users shall safeguard and promote the good reputation of Service and its services. You shall make no disparaging, defamatory or negative statements about any individuals or entities using this Service, including through the use of email. Users shall make no remarks about any commercial entity, company or commercial programs. Users shall not solicit, recruit or provide materials to solicit or recruit for any other entity or company or otherwise engage in conduct that is detrimental to the business interests of Service or its other Users.
9. Users shall not engage in any spamming activity, i.e. sending of unsolicited emails to persons or businesses. Users may not publish, post or send any material using this Service that is defamatory, libelous, obscene, threatening, harassing, abusive, or in violation of applicable law. Do not upload files that contain a virus or other destructive material. Users are responsible for any statements or other content that may be posted using your account, including liability for harm caused by such statements or material.
10. We encourage you to share ideas, comments, suggestions, questions and other information with us. You agree that if you submit any material to us, your submissions shall be deemed to be the property of this Service, and we shall be free to use your submission for any purpose whatsoever, including but not limited to incorporating your ideas in our products without charge. You agree not to violate or infringe the rights of any party, including privacy, publicity, intellectual property and other proprietary rights, such as copyright, trademark and patent rights. You agree to transfer all proprietary rights and copyrights to any information, data or materials you send to us.
11. This Service is effective until terminated by us at our sole discretion. This registration will also terminate automatically upon conditions set forth elsewhere in this Agreement or upon your failure to comply with any term or condition contained in this Agreement or that is posted on Service's website. Upon such termination, you will not be able to access or utilize this Service in any way. In such event, you agree not to gain or attempt to gain unauthorized access to this Service.
Title and Ownership.
12. This Service, including but not limited to software, content, text, photographs, graphics, video, audio, and the compilation as a whole, is protected by copyright under U.S. copyright and other laws. You must abide by all copyright notices or restrictions contained in this Service. All programs, designs, software, materials, technologies, trademarks, service marks or logos offered on this Service are exclusively owned by us, or are otherwise validly licensed to us. Trademarks, service marks and logos owned by third parties remain the exclusive property of such third parties. You may not delete any attributions, legal or proprietary notices in this Service or elsewhere. Title, ownership rights and intellectual property rights in this Service, including any software, shall remain vested in us, or in our suppliers and licensors. This Agreement grants no such rights to you.
13. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY USE THIS SERVICE SOLELY AT YOUR OWN RISK. THIS SERVICE IS PROVIDED AS IS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING FILES OR OTHER MATERIAL USING THIS SERVICE. FOR EXAMPLE, LOSS OF INFORMATION OR MESSAGES MAY OCCUR. YOU SHOULD NOT TRANSFER IMPORTANT INFORMATION THROUGH THIS SERVICE. YOU ASSUME ALL RISKS IN USING THE SERVICE AND ACKNOWLEDGE THE ASSUMPTION OF ALL RISKS THEREIN INCLUDING THE RISKS INHERENT IN MEETING WITH STRANGERS OR DATING INDIVIDUALS YOU CONTACT THROUGH THIS SERVICE.
14. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES USING THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THIS SERVICE. WE ASSUME NO RESPONSIBILITY FOR THE SELECTION OF THIS SERVICE TO ACHIEVE ANY INTENDED PURPOSES, OR FOR VERIFYING SPECIFIC RESULTS OBTAINED FROM USE OF THIS SERVICE. WE DO NOT WARRANT THE AVAILABILITY OF THIS SERVICE OR THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL MEET ANY REQUIREMENTS. WE DO NOT WARRANT, GUARANTEE OR REPRESENT THE EFFECTIVENESS OR SPEED OF DELIVERY OF FACSIMILE TRANSFERS OR NOTIFICATION OF SUCH TRANSFERS. THIS AGREEMENT DOES NOT GRANT YOU ANY GUARANTEE TO THE SERVICES AS REPRESENTED ABOVE OR WARRANT THE PERFORMANCE OF THOSE SERVICES IN ANY WAY. THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED WITH NO WARRANTIES OR GUARANTEE OF PERFORMANCE AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY GOODS OR SERVICES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THIS SERVICE. WE OBVIOUSLY DO NOT WARRANT THAT YOU WILL SUCCESSFULLY USE THIS SERVICE TO MEET OTHER SINGLES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF DELIVERY OF THIS PRODUCT OR SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
15. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE THIS SERVICE OR FROM BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY ACTION (WHETHER CONTRACT OR TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE HEREIN THAT IN THE EVENT OF ANY DISPUTE OR CLAIM BETWEEN US AND YOU THAT THE ONLY AMOUNT OF DAMAGES THAT CAN BE AWARDED HEREIN IS LIMITED TO THE AMOUNTS YOU HAVE ADVANCED OR PAID TO US FOR THE USE OF THIS SERVICE. YOU HAVE BEEN ADVISED THAT NO IMPORTANT OR PROPRIETARY INFORMATION SHOULD BE TRANSFERRED THROUGH THIS SERVICE. WE CANNOT GUARANTEE THE CONFIDENTIALITY OF THE CONTENT OF ANY EMAIL. WE CANNOT GUARANTEE THAT TRANSMISSIONS WILL NOT BE INTERCEPTED. WE CANNOT RECOMMEND THAT YOU MEET WITH OR CONTACT OTHER INDIVIDUALS THAT USE THIS SERVICE. WE ARE NOT REPRESENTING THAT WE CAN SCREEN THOSE INDIVIDUALS IN ANY WAY. YOU ASSUME ALL RISKS OF CONTACT WITH THOSE INDIVIDUALS.
16. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SERVICE , ITS SUBSIDIARIES, AFFILIATES, ASSIGNEES, AGENTS, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES FROM ANY AND ALL LIABILITIES, LOSS, CLAIMS, EXPENSES AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COSTS) ARISING IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THIS SERVICE OR TO YOUR VIOLATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS.
17. We are not responsible for paying any sales or use tax imposed at any time whatsoever on the use or licensing of this Service or products.
18. You may contact us by emailing us as follows:
Governing Law and Mandatory Arbitration.
19. This Agreement is to be governed exclusively by Canadian law, without applying its conflict of law provisions. YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF Pickering, Ontario, FOR ANY AND ALL DISPUTES ARISING OUT OF THIS AGREEMENT OR RELATING IN ANY WAY TO THIS SERVICE. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THIS SERVICE (DISPUTES), SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN Pickering, Ontario, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT, AND THE THEN CURRENT ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND SERVICE'S DISPUTE RESOLUTION POLICIES AND PROCEDURES, WHICH ARE INCORPORATED HEREIN AS IF IN FULL. The arbitrator shall not have the power to award any damages or remedies in excess of the limits set forth in or excluded under this Agreement.
THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO USE OF THIS SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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