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Terms of Use Agreement
Overview
Welcome to Dateolicious.com, the service for adults to meet each other online, operated
by Dateolicious Production. ("Dateolicious.com"). By using the Dateolicious.com
Website, (the "Website") you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member of Dateolicious.com
("Member"). If you wish to become a Member and make use of the Dateolicious.com
service (the "Service"), please read these Terms of Use. If you object
to anything in this Agreement or the Dateolicious.com Privacy Policy, do not use
the Website or the Service. The Terms of Use are subject to change by Dateolicious.com
at any time, effective upon posting on the Dateolicious.com website, and your use
of the Service after such posting will constitute acceptance by you of such changes.
Eligibility
You must be at least eighteen (18) years of age to register as a member of Dateolicious.com
or use the Website. Membership in the Service is void where prohibited. By using
the Website, 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.
Terms
This Agreement will remain in full force and effect while you use the Website and/or
are a Member. You may terminate your membership and/or subscription at any time,
for any reason, by emailing notice of termination to Support@Dateolicious.com. Dateolicious.com
may terminate your membership by sending notice to you at the email address you
provide in your application for membership, or such other email address as you may
later provide to Dateolicious.com. All decisions regarding the termination of accounts
shall be made in the sole discretion of Dateolicious.com. Dateolicious.com is not
required to provide you notice prior to terminating your membership. Dateolicious.com
is not required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your membership is terminated, this Agreement will remain
in effect. All terms that by their nature may survive termination of this Agreement
shall be deemed to survive such termination.
Non-commercial Use by Members
The Website 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 Website for any purpose.
Illegal and/or unauthorized uses of the Website, 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 Website
may be investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
Security of your Account
You are responsible for maintaining the confidentiality of the username and password
that you designate during the Registration process, and you are fully responsible
for all activities that occur under your username and password. You agree to (a)
immediately notify Dateolicious.com of any unauthorized use of your username or
password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Dateolicious.com will not be liable for any
loss or damage arising from your failure to comply with this provision. You should
use particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal information.
Interactions with other members
You are solely responsible for your interactions with other Members. You understand
that Dateolicious.com does not in any way screen its Members, nor does Dateolicious.com
inquire into the backgrounds of its Members or attempt to verify the statements
of its Members. Dateolicious.com makes no representations or warranties as to the
conduct of Members or their compatibility with any current or future Members. In
no event shall Dateolicious.com be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or incidental, arising
out of or relating to the conduct of you or anyone else in connection with the use
of the Service, including without limitation, bodily injury, emotional distress,
and/or any other damages resulting from communications or meetings with other registered
users of this Service or persons you meet through this Service. You agree to take
reasonable precautions in all interactions with other Members of the Service, particularly
if you decide to meet offline or in person. You understand that Dateolicious.com
makes no guarantees, either express or implied, regarding your ultimate compatibility
with individuals you meet through the Service. You should not provide your financial
information (for example, your credit card or bank account information) to other
Members.
Content on Dateolicious.com
(a) Proprietary Rights. Dateolicious.com owns and retains all proprietary rights
in the Website and the Service. The Website contains the copyrighted material, trademarks,
and other proprietary information of Dateolicious.com, 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. (b) Reliance on Content, Advice,
Etc. Opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by Dateolicious.com, are those of
their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content. Dateolicious.com does not: (i) guarantee
the accuracy, completeness, or usefulness of any information on the Service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the Website.
Under no circumstances will Dateolicious.com or its affiliates be responsible for
any loss or damage resulting from your reliance on information or other content
posted on the Website or transmitted to or by any Members.
Content Posted by You
a. You are solely responsible for the Content that 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, 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 provide inaccurate, misleading
or false information to the Company or to any other Member. If information provided
to Dateolicious.com, or another Member, subsequently becomes inaccurate, misleading
or false, you will promptly notify Dateolicious.com of such change. b. You understand
and agree that Dateolicious.com may review and delete any content, messages, double-blind
emails, photos or profiles (collectively, "Content"), in each case in
whole or in part, that in the sole judgment of Dateolicious.com violate this Agreement
or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Members. c. By posting Content to any public area of Dateolicious.com,
you automatically grant, and you represent and warrant that you have the right to
grant, to Dateolicious.com, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
reproduce, adapt, modify 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. You further represent and
warrant that public posting and use of your content by Dateolicious.com will not
infringe or violate the rights of any third party. d. The following is a partial
list of the kind of Content that is illegal or prohibited on the Website.
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 Website; 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 owner's behalf. Dateolicious.com's Copyright Agent
for notice of claims of copyright infringement can be reached as follows:
Support@Dateolicious.com.
Member Disputes
You are solely responsible for your interactions with other Dateolicious.com Members.
Dateolicious.com reserves the right, but has no obligation, to monitor disputes
between you and other Members.
Disclaimer
DATEOLICIOUS.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED
ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE
WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED
IN THE SERVICE. DATEOLICIOUS.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. DATEOLICIOUS.COM
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. DATEOLICIOUS.COM
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 WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE
TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S 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 DATEOLICIOUS.COM OR ANY
OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S
USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED
TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR
OFFLINE. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND DATEOLICIOUS.COM
EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DATEOLICIOUS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE WEBSITE AND/OR THE SERVICE.
Limited Liability
Except in jurisdictions where such provisions are restricted, in no event will Dateolicious.com
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 Dateolicious.com has been advised
of the possibility of such damages. Notwithstanding anything to the contrary contained
herein, Dateolicious.com's 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 Dateolicious.com for the Service during the term of membership.
Indemnity by You
You agree to indemnify and hold Dateolicious.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's 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.
Modification to Service
Dateolicious.com reserves the right at any time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree
that Dateolicious.com shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Last Updated: 05/25/2011