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This legal agreement is made between You and
Us ("Agreement"). Please read the
Agreement carefully before registering for the
Service. By registering for the Service, you
become a AFGsingles.com 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.
In these conditions 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;
"We, Us, Our" means
AFGsingles.com
"You, Your, Yourself"
means the person 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 communicate
with other members and use certain other parts
of the Service, you must become a subscriber
and pay the fees that are set out in Our
price list . This price list is part of
this Agreement. We may 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 we shall not
refund You 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, or upon receipt by Us
of Your written or email notice of termination
one moth prior to termination. Either You or
Us may terminate your membership by removing
your profile at any time, for any reason, without
explanation, effective upon sending written
notice to the other party . Upon such termination
by Us, We shall refund, pro rata, any unused
portion of any subscription payments that have
been received from You, provided that in the
event that We determine in our sole discretion
that there has been any breach of this Agreement
by You, We shall not be liable to You for any
refund of any unused portion of any subscription
payments and 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 warrant
and represent to Us that the information posted
in Your profile is posted by You and that You
are the sole author of your profile. You assign
to Us with full title guarantee all copyright
in Your profile. You waive absolutely any and
all moral right to be identified as author of
Your profile and any similar rights in any jurisdiction.
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
permission, You will not copy, modify, publish,
transmit, distribute, perform, display, or sell
any such proprietary information. By posting
information or content to any of Our public
area, You automatically grant, and you represent
and warrant that You have the right to grant,
to Us and other Members 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 sub-licenses of the foregoing.
YOUR USE OF THE SERVICE:
As a Member, You agree that: 1) 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 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 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 E-mail addresses other than where asked for.
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
these prohibitions and we shall not refund You
unused subscription fees. 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 E-mail to other Members.
For protection of members against such conduct,
We imposed a 30 message-per-day limit on subscribers.
You are solely responsible for Your interactions
with other Members. We reserve the right, but
We have no obligation, to monitor and/or mediate
disputes between You and other Members.
2) Our customer service Employees are here
to make your online experience much more pleasing
by providing assistance and guidance to You.
When emailing us, 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 any refund of unused subscription
fees.
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 or whose conduct is unlawful
or illegal. The following is a partial list
of the type of actions that are illegal or prohibited
under this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise
harass any person.
3) You will not express or imply that any statements
you make are endorsed by Us, without Our specific
prior written consent.
4) 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.
5) 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.
6) You will not remove any copyright, trademark
or other proprietary rights notices contained
in the Service.
7) You will not interfere with or disrupt the
Services or the site or the servers or networks
connected to the Services or the site.
8) 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.
9) You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin
of any information transmitted through the Service.
10) You will not "frame" or "mirror"
any part of the Service, without Our prior written
authorization. You also shall not use meta tags
or code or other devices containing any reference
to Us or the Service or the site in order to
direct any person to any other web site for
any purpose.
11) 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 others to do so.
12) 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 or delete your account for
being "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. We will not delete
your profile unless you stop paying your subscription
fees.
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 NEITHER WE ADOPT NOR ENDORSE
NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES
WILL WE 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
OPINION 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 E-MAIL
MESSAGES. E-MAILS 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 the Service
shall be owned by Us absolutely these include
and are not limited to database rights, copyright,
design rights (whether registered or unregistered),
trade marks (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 this website 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 Us using this information to build
up a profile of interests, preferences and browsing
patterns and to allow You to participate in
the Service. All Members also agree to uphold
and maintain Our Privacy Policy and to the 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 as may
be involved in the provision and operation of
the Service. You may read a full description
of our Privacy
Policy .
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. We do not warrant
that Your use of the Service will be secure,
uninterrupted, always available, or error-free,
or 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.
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, or "hackers") of the Service.
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 MEMBERSHIP.
WE DO NOT 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, TO DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE,
OR INTRODUCED TO YOU VIA THIS 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 California 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 California, City of Los Angeles.
This Agreement shall not be governed by the
United Nations Convention on Contracts for the
International Sale of Goods, the application
of which is hereby expressly excluded.
You certify that You read and that You agree
to be bound by the terms and conditions in this
Agreement.
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