Terms and Conditions of Service
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 AGREEEMENT 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.
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 use the Service to
initiate most communication with other members and use certain other parts
of the Service, you must become a subscriber and pay the fees that are set
out. This price list is part of this Agreement and we reserve the right, at
any time, to 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, in such event, you shall not be entitled to a refund of
any 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 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 Madhya Pradesh 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 Madhya Pradesh, City of Ujjain.