| The Singles Company TERMS OF SERVICE AGREEMENT
Welcome to The Singles Company, an online community that connects
people through networks of friends for dating or making new friends. By using the The Singles Company web site (the
"Web site") you agree to be bound by these Terms of Service (this
"Agreement"). If you wish to become a Member and communicate with other
Members and make use of the The Singles Company service (the "Service"),
read these Terms of Service and indicate your acceptance of them by
following the instructions in the Sign Up page.
This Agreement sets out the legally binding terms of your use of the
Web site and your membership in the Service and may be modified by
The Singles Company at any time and without prior notice, such
modifications to be effective upon posting by The Singles Company on the
Web site. This Agreement includes The Singles Companys acceptable use
policy for content posted on the web site, The Singles Companys Privacy
Policy, and any notices regarding the Web site.
1. Eligibility. You must be eighteen or over to register as a member
of The Singles Company or use the Web site. Membership in the Service is
void where prohibited. By using the Web site, you represent and warrant
that you have the right, authority, and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this
Agreement.
2. Term. This Agreement will remain in full force and effect while
you use the Web site and/or are a Member. You may terminate your
membership at any time, for any reason by following the instructions on
the Cancel Account page in Account Settings. The Singles Company may
terminate your membership for any reason, at any time. If The Singles
Company terminates your membership in the Service because you have
breached the Agreement, you will not be entitled to any refund of unused
subscription fees. Even after membership is terminated, this Agreement
will remain in effect.
3. Non Commercial Use by Members. The Web site is for the personal
use of individual Members only and may not be used in connection with
any commercial endeavors. Organizations, companies, and/or businesses
may not become Members and should not use the Service or the Web site
for any purpose. Passwords and compiled names, photos, links, and Web
site content are not to be transferred or copied from the Web site for
use with any other product or service. Illegal and/or unauthorized uses
of the Web site, including collecting usernames and/or email addresses
of members by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the Web site
will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on The Singles Company. The Singles
Company owns and retains all proprietary rights in the Web site and the
Service. The Web site contains the copyrighted material, including links
and compilations of individual data, trademarks, and other proprietary
information of The Singles Company, and its licensors. Except for that
information which is in the public domain or for which you have been
given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that The Singles Company may review and
delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment of The Singles Company violate this
Agreement or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
b. Your profile must describe you, an individual person. Examples of
inappropriate profiles include, but are not limited to, profiles that
purport to represent an animal, place, inanimate object, fictional
character, or real individual who is not you.
c. You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service, or transmit to other
Members.
d. By posting Content to any public area of The Singles Company, you
automatically grant, and you represent and warrant that you have the
right to grant, to The Singles Company 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 sublicenses of the foregoing.
e. The following is a partial list of the kind of Content that is
illegal or prohibited on the Web site. The Singles Company reserves the
right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the Service and
terminating the membership of such violators. It includes Content that:
* is patently offensive to the online community, such as Content that
promotes racism, bigotry , hatred or physical harm of any kind against
any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
* promotes an illegal or unauthorized copy of another persons
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
* contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page) ;
* displays pornographic or sexually explicit material of any kind;
* provides material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information from anyone
under 18;
* provides instructional information about illegal activities such as
making or buying illegal weapons, violating someones privacy, or
providing or creating computer viruses;
* solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and
* engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, and
pyramid schemes;
* solicits people you dont know to add you or accept you as a friend
on The Singles Company.
Even though all of this is strictly prohibited, there is a small
chance that You might become exposed to such items and You further waive
Your right to any damages (from any party) related to such exposure.
f. You must use the Service in a manner consistent with any and all
applicable laws and regulations.
g. You may not include in your Member profile any telephone numbers,
street addresses, last names, URLs or email addresses.
h. You may not engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the Service. You
may not transmit any chain letters or junk email to other Members.
Although The Singles Company cannot monitor the conduct of its Members
off the Web site, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell
to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, The Singles Company
reserves the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which The
Singles Company deems appropriate in its sole discretion.
6. Copyright Policy. You may not post, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is
infringing is located on the Web site; your address, telephone number,
and email address; a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owners behalf.
7. Member Disputes. You are solely responsible for your interactions
with other The Singles Company Members. The Singles Company reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
8. Privacy. Use of the Web site and/or the Service is also governed
by our Privacy Policy .
9. Disclaimers. The Singles Company is not responsible for any
incorrect or inaccurate Content posted on the Web site or in connection
with the Service, whether caused by users of the Web site, Members or by
any of the equipment or programming associated with or utilized in the
Service. The Singles Company is not responsible for the conduct, whether
online or offline, of any user of the Web site or Member of the Service.
The Singles Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, user or Member communications. The Singles Company
is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or
at any web site or combination thereof, including injury or damage to
users and/or Members or to any other persons computer related to or
resulting from participating or downloading materials in connection with
the Web and/or in connection with the Service. Under no circumstances
will The Singles Company be responsible for any loss or damage, including
personal injury or death, resulting from anyones use of the Web site or
the Service, any Content posted on the Web site or transmitted to
Members, or any interactions between users of the Web site, whether
online or offline. The Web site and the Service are provided "AS-IS" and
The Singles Company expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. The Singles Company cannot
guarantee and does not promise any specific results from use of the Web
site and/or the Service. The service may be temporarily unavailable from
time to time for maintenance or other reasons. No advice or information,
whether oral or written, obtained by user from The Singles Company or
through or from the service shall create any warranty not expressly
stated herein.
10. Limitation on Liability. Except in jurisdictions where such
provisions are restricted, in no event will The Singles Company be liable
to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits
arising from your use of the Web site or the Service, even if The
Singles Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, The Singles
Companys 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 The Singles Company for the Service during the term of
membership.
11. Disputes. If there is any dispute about or involving the Web site
and/or the Service, by using the Web site, you agree that the dispute
will be governed by the laws of Aruba without regard
to its conflict of law provisions. You agree to personal jurisdiction by
and venue in the courts of Aruba, Dutch Antilles.
12. Indemnity. You agree to indemnify and hold The Singles Company,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
13. No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between The
Singles Company and any User of the Service.
14. Other. This Agreement, accepted upon use of the Web site and
further affirmed by becoming a Member of the Service, contains the
entire agreement between you and The Singles Company regarding the use of
the Web site and/or the Service. The failure of The Singles Company to
exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. If any
provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. The section titles in
these Terms of Service are for convenience only and have no legal or
contractual effect.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE. |