1. Eligibility. You must be eighteen or over to register as a member of Members-dating 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. You acknowledge and understand that you access the Website and Service freely, voluntarily, and willingly, and for your own personal enjoyment.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Members-dating of your written or email notice of termination. Members-dating may terminate your membership for any reason, effective upon 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 Members-dating. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1, 3, 4, 5, 6, 7 , 8, and 9-16 of this Agreement.
3. 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. You are prohibited from accessing or using the Website for illegal or commercial purposes, including but not limited to, collecting usernames, profile data, and/or email addresses of members by electronic or other means for the purpose of marketing or sending unsolicited commercial email or electronic messages. Unauthorized framing of or linking to the Website is prohibited.
4. Proprietary Rights in Content on Members-dating. Members-dating owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Members-dating, 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. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site or arising out of information obtained from the Website or Services and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently and seek additional remedies. Furthermore you agree that:
You understand and agree that Members-dating may review and delete any content, messages, Members-dating Messenger messages, posts, photos, videos, or profiles (collectively, "Content") that in the sole judgment of Members-dating violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. By posting Content to any public area of Members-dating, you automatically grant, and you represent and warrant that you have the right to grant, to Members-dating 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. Specifically you agree and acknowledge that your profile and related information and content may be utilized and displayed on other sites which are owned by related companies or authorized services providers ("Network websites"). You also agree that Members-dating and related companies and authorized services providers may contact you through information manifested through the Website and Services via email, SMS, or otherwise to communicate with you regarding the Website and Service or to advertise to you goods and services or to send and receive communications from other Service members and Website users . You are fully responsible for all costs associated with the above communications such as for example the costs of SMS text messages.
Your profile and its related information and content may be searchable by,members registered to other Network websites. Conversely you may be able to search for member profiles which are registered to other Network websites. This feature may allow you to interact with additional members of Network websites. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Members-dating 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 or contains content that violates the privacy or rights of others including for example the unauthorized use of likeness; 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); provides material that manifests any person under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; contains obscenity; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; offering money or other consideration in exchange for sex; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes. You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. 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 Members-dating cannot monitor the conduct of its Members off the Website, 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, Members-dating reserves the right to restrict the number of emails or electronic messages which a Member may send to other Members in any 24-hour period to a number which Members-dating deems appropriate in its sole discretion.
6. Copyright Policy/DMCA. 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, where applicable please provide our DMCA Copyright Agent with the following information as more specifically provided in our DMCA policy. Counter notifications where applicable under the DMCA can be provided to the DMCA authorized agent indicated below.
MEMBER, VISITOR OR USER INFORMATION If you visit this Site or communicate with us via email, we will collect and store in our database electronic information obtained from you or your browser or other software making a connection with the Site and via cookie files including, for example: your IP address and domain name; the date and time you access our site; your clickstream, and the Internet address of the Website from which you were referred to the Site. We use this information to measure the number of visitors to the different sections of our Site, to help us make our site more useful to visitors, for security and to help enforce our policies and agreements, and to measure the amount of traffic generated through our affiliate network with whom this information may be shared. Personally-identifying information we collect and store about you is the information you, voluntarily choose to provide to us, such as your Username, e-mail address, address, zip code, IP address, email header information, etc. In addition, we may ask you to voluntarily provide us with personal information when you become a Member for billing, communication, security, legal, and shipping purposes.
"OPT-OUT" - REVOCATION OF CONSENT PROCEDURE The Site also offers all Members and Users a procedure for 'Opting-Out' if the Member or User subsequently chooses to revoke or withdraw any consent to receive Offers by sending an e-mail from the email address you wish to opt out to "[email protected]" clearly stating the email address in the body of the email and that the Member or User has revoked or withdrawn consent to receive any future Offers from Site to such email address.