Welcome to the
AffiliDate.com Dating Network where adults can meet each other through our online
database of singles. To use the AffiliDate Network ("Network") you
must be registerd as a member of the Network ("Member") and agree
to be bound by these Terms of Use ("Agreement"), If you wish to become
a Member and communicate with other Members using the AffiliDate Network ("Service"),
read these Terms of Use and register through one of our Affiliate Portals ("Affiliate").
This Agreement sets the legally binding terms for your membership. This Agreement
may be modified by Affilidate.com, taking effect upon notice to you as a Member.
1. Eligibility.
You must be eighteen
(18) or over to register as a member of the Network or use this web site. Membership
in the Service is invalid where prohibited. By using this 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. This service
is provided to indiviual Members only and may not be used in connection with
any commercial practices. Organizations, companies, and/or businesses may not
become members and should not use the Service for any purpose.
2. Term.
a. This Agreement
will remain in full force and effect while you use the Site and/or are a Member
of the Network.
b. You may terminate
your membership at any time, for any reason, effective upon receipt by us of
your written or email notice of termination. You may contact us at our address
listed below or you may email us at support@affilidate.com. Full or partial
refunds cannot be issued, you will not be entitled to any refund of any unused
Subscription fees
c. We may immediately
terminate your membership and your access to the Service in the event of a breach
of this Agreement. An email will be sent with a notice of termination to the
email address provide at the time of registration or such other email address
that you may have provided to us at a later date. If your membership is terminated
because you have breached the Agreement, you will not be entitled to any refund
of any unused Subscription fees. Even after this Agreement is terminated, certain
provisions will remain in effect including sections 3,4, 6, 8 - 13, inclusive,
of this Agreement.
3. Proprietary
Rights in Content on the Network.
The Service contains
information that is proprietary to our partners, our members, our affiliates
and us. The Site contains the copyrighted material, trademarks, and other proprietary
information of AffiliDate.com and its licensors. Except for that information
which is in the public domain or for which you have been given permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
4. Content
Posted on the Site.
a. You understand
and agree that any content, messages, photos or profiles that you submit (collectively,
"Content") that in our sole judgement violate this Agreement or which
might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Affilidate.com and/or its Members and/or Affiliates may be deleted
from the Network.
b. You are solely
responsible for the Content that you publish or display (hereinafter, "post")
on the Service, or transmit to other members.
c. 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 us 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.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Site. AffiliDate.com will 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 person’s 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 someone’s 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.
e. You must use
the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not
include in your Member profile any telephone numbers, street addresses, last
names, URL's, and/or email addresses.
g. You may 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. Although we cannot monitor the conduct of its
Members off the 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.
5. 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 our 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 owner's behalf.
The AffiliDate.com Copyright Agent for Notice of claims of copyright infringement
can be reached as follows: AffiliDate.com / P.O. Box 35; Feeding Hills, MA 01030.
6. Member Disputes.
You are solely
responsible for your interactions with our other members. We reserve the right,
but have no obligation, to monitor disputes between you and other members.
7. Privacy.
Use of the Site
and/or the Service is governed by our Privacy Policy
8. Disclaimers.
AffiliDate.com
is not responsible for any incorrect or inaccurate Content posted on the Site
or in connection with the Service, whether caused by Users, Members or by any
of the equipment or programming associated with or utilized in the Service,
nor for the conduct of any User and/or Member of the Service whether online
or offline. AffiliDate.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 and/or Member communications. AffiliDate.com is not responsible for
any problems or technical malfunction of any telephone network or lines, computer
on-line-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 AffiliDate.com
Site and/or in connection with the AffiliDate.com Service. Under no circumstances
will Affilidate.com or any of its affiliates be responsible for any loss or
damage resulting from anyone's use of the Site or the Service and/or any Content
posted on the AffiliDate.com Network Site or transmitted to AffiliDate.com Members.
The Site and the Service are provided "AS-IS" and AffiliDate.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
AffiliDate.com cannot guarantee and does not promise any specific results from
use of the Site and/or the AffiliDate.com Service.
9. Limitation
of Liability.
Except
in jurisdictions where such provisions are restricted, in no event will Affilidate.com
and its Affiliates 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 Site or the AffiliDate.com Service, even if AffiliDate.com
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, AffiliDate.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 AffiliDate.com. for the Service
during the term of membership.
10. U.S. Export Controls.
Software from this
Site is further subject to United States export controls. No software from this
site may be downloaded or otherwise exported or re-exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other Country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
11. Disputes.
If there is any
dispute about or involving the Site and/or the Service, by using the Site, you
agree that the dispute will be governed by the laws of the State of Massachusetts
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 Massachusetts,
City of Springfield.
12. Indemnity.
You agree to indemnify
and hold AffiliDate.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 these Terms of Use and/or any breach of your representations
and warranties set forth above.
13. Other.
This Agreement,
accepted upon use of the Site and further affirmed by becoming a Member of the
AffiliDate.com service, contains the entire agreement between you and AffiliDate.com
LLC. regarding the use of the Site and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
AffiliDate.com is a service mark of AffiliDate.com, LLC
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.