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FINDMEDATEME TERMS OF USE
1. ACCEPTANCE OF TERMS
FindMeDateMe provides a collection of online resources, including profile ads,
classified ads and various email services, (referred to hereafter as "the Service")
subject to the following Terms of Use ("TOU"). By using the Service in any way, you
are agreeing to comply with the TOU. In addition, when using particular
FindMeDateMe services, you agree to abide by any applicable posted guidelines
for all FindMeDateMe services, which may change from time to time. Should you
object to any term or condition of the TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied with FindMeDateMe in any way, your
only recourse is to immediately discontinue use of FindMeDateMe.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on a regular
basis to keep yourself apprised of any changes. You can find the most recent
version of the TOU at:
http://www.FindMeDateMe.com/tou.asp
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or linked from
the Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for each individual item
("Item") of Content that you post, email or otherwise make available via the Service.
You understand that FindMeDateMe does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you may
be exposed to Content that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Furthermore, the FindMeDateMe site and Content
available through the Service may contain links to other websites, which are
completely independent of FindMeDateMe. FindMeDateMe makes no
representation or warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other websites is at your
own risk. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will FindMeDateMe be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise made available via the Service. You acknowledge that
FindMeDateMe does not pre-screen or approve Content, but that FindMeDateMe
shall have the right (but not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service, for violating the letter or spirit of
the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The FindMeDateMe site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to third
party content which is completely independent of FindMeDateMe, including web
sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
You agree that FindMeDateMe shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that FindMeDateMe is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you
hereby release FindMeDateMe, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service. If you are a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please notify FindMeDateMe's agent for notice of claims of copyright or other
intellectual property infringement ("Agent"), at abuse@FindMeDateMe.com
a) Identify the material on the FindMeDateMe site that you claim is infringing, with
enough detail so that we may locate it on the website;
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of the copyright
interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
FindMeDateMe will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the FindMeDateMe website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
FindMeDateMe may, in its sole discretion, preserve or disclose your Content, as
well as your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal process;
enforce the TOU; respond to claims that any Content violates the rights of third-
parties; respond to claims that contact information (e.g. phone number, street
address) of a third-party has been posted or transmitted without their consent or as
a form of harassment; protect the rights, property, or personal safety of
FindMeDateMe, its users or the general public.
7. CONDUCT
You MUST be 18 years of age to join the Service. You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons of the same or opposite
sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability;
d) that impersonates any person or entity, including, but not limited to, a
FindMeDateMe employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
e) that includes personal or identifying information about another person without that
person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait
and switch";
g) that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or unsolicited commercial
advertisement;
i) 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;
j) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
Additionally, you agree not to:
l) contact anyone who has asked not to be contacted;
m) "stalk" or otherwise harass anyone;
n) collect personal data about other users for commercial or unlawful purposes;
o) use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data from the Service - unless expressly permitted by
FindMeDateMe;
p) post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure;
q) attempt to gain unauthorized access to FindMeDateMe's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the FindMeDateMe
website; or
r) use any form of automated device or computer program that enables the
submission of postings on FindMeDateMe without each posting being manually
entered by the author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit postings in bulk,
or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post
Content to the Service on behalf of others. To moderate demands on
FindMeDateMe's resources, you may not use a Posting Agent to post Content to
the Service without express permission or license from FindMeDateMe.
Correspondingly, Posting Agents are not permitted to post Content on behalf of
others, to cause Content to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express permission or
license from FindMeDateMe.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
FindMeDateMe email addresses or through FindMeDateMe computer systems,
which is expressly prohibited by these TOU, will use or cause to be used servers.
Any unauthorized use of FindMeDateMe computer systems is a violation of the TOU
and certain federal and state laws, including without limitation the Computer Fraud
and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal
Code and Section 17538.45 of the California Business and Professions Code.
Such violations may subject the sender and his or her agents to civil and criminal
penalties.
10. LIMITATIONS ON SERVICE
You acknowledge that FindMeDateMe may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by the
Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that FindMeDateMe has no
responsibility or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that
FindMeDateMe reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that FindMeDateMe shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
11. ACCESS TO THE SERVICE
FindMeDateMe grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include: (a) access to the
Service by Posting Agents; or (b) any collection, aggregation, copying, duplication,
display or derivative use of the Service nor any use of data mining, robots, spiders,
or similar data gathering and extraction tools for any purpose unless expressly
permitted by FindMeDateMe. A limited exception to (b) is provided to general
purpose internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or search
engine or other service that specializes in classified listings or in any subset of
classifieds listings such as jobs, housing, for sale, services, or personals, or which
is in the business of providing classified ad listing services.
FindMeDateMe permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for
noncommercial and/or news reporting purposes only (e.g., for use in personal web
blogs or personal online media). If the total number of such postings displayed or
linked to on your website exceeds one hundred (100) postings, your use will be
presumed to be in violation of the TOU, absent express permission granted by
FindMeDateMe to do so. You may also create a hyperlink to the home page of
FindMeDateMe sites so long as the link does not portray FindMeDateMe, its
employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive
matter.
Use of the Service beyond the scope of authorized access granted to you by
FindMeDateMe immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the the
Service or any Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license from
FindMeDateMe.
12. TERMINATION OF SERVICE
You agree that FindMeDateMe, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if FindMeDateMe believes that
you have acted inconsistently with the letter or spirit of the TOU. Further, you agree
that FindMeDateMe shall not be liable to you or any third-party for any termination of
your access to the Service.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected by
copyright as a collective work and/or compilation, pursuant to copyrights laws, and
international conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or copying or
reproducing the sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express written consent of
FindMeDateMe. You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of FindMeDateMe, and agree to
abide by any and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the foregoing, you agree not
to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service.
Although FindMeDateMe does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and you
represent and warrant that you have the right to grant, to FindMeDateMe an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute said Content and to prepare derivative works of, or
incorporate into other works, said Content, and to grant and authorize sublicenses
(through multiple tiers) of the foregoing. Furthermore, by posting Content to any
public area of the Service, you automatically grant FindMeDateMe all rights
necessary to prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for any
purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FINDMEDATEME SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE FINDMEDATEME SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, FINDMEDATEME DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE FINDMEDATEME SITE AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, FINDMEDATEME DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE FINDMEDATEME SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE FINDMEDATEME SITE. TO
THE FULLEST EXTENT PERMITTED BY LAW, FINDMEDATEME DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE FINDMEDATEME SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FINDMEDATEME BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF FINDMEDATEME HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE FINDMEDATEME SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE FINDMEDATEME SITE OR
THE SERVICE, FROM INABILITY TO USE THE FINDMEDATEME SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE FINDMEDATEME SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
FINDMEDATEME SITE OR THE SERVICE OR ANY LINKS ON THE
FINDMEDATEME SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
FINDMEDATEME SITE OR THE SERVICE OR ANY LINKS ON THE
FINDMEDATEME SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not apply to
you.
16. INDEMNITY
You agree to indemnify and hold FindMeDateMe, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and
employees, harmless from any claim or demand, including reasonable attorney fees
and court costs, made by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the Service, your violation of
the TOU, your breach of any of the representations and warranties herein, or your
violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitute the entire agreement between you and FindMeDateMe and
govern your use of the Service, superseding any prior agreements between you and
FindMeDateMe. The TOU and the relationship between you and FindMeDateMe
shall be governed by the laws of the State of Texas without regard to its conflict of
law provisions. You and FindMeDateMe agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Harris County, Texas.
The failure of FindMeDateMe to exercise or enforce any right or provision of the
TOU shall not constitute a waiver of such right or provision. If any provision of the
TOU is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOU remain
in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the
TOU must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by
emailing to:
abuse@FindMeDateMe.com
Our failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches.
19. FEEDBACK
We welcome your questions and comments on this document. Email to
toufeedback@findmedateme.com
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