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edate.com
Terms of Use Agreement
Welcome to edate.com,
the service for adults to meet each other online operated
by edate.com, Inc. ("edate.com").
By using the edate.com Website (the
"Website") you agree to be bound by these
Terms of Use (this "Agreement"), whether or
not you register as a member ("Member"). If
you wish to become a Member and communicate with other
Members and make use of the edate.com
service (the "Service"), read these Terms
of Use and indicate your acceptance of them by following
the instructions in the Registration process.
This
Agreement sets out the legally binding terms of your
use of the Website and your membership in the Service
and may be modified by edate.com from
time to time, such modifications to be effective upon
posting by edate.com on the Website.
This Agreement includes edate.com's
Acceptable Use Policy for Content Posted on the Website,
edate.com's Privacy Policy, and any
notices regarding the Website. You may also receive
a copy of this Agreement by emailing us at: customercare@edate.com,
Subject: Terms of Use Agreement.
1. Eligibility.
You must be eighteen or over to register as a member
of edate.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.
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 edate.com
of your written or email notice of termination. edate.com
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 edate.com.
If edate.com terminates your membership
in the Service because you have breached the Agreement,
you will not be entitled to any refund of unused subscription
fees. 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 4, 5, 7 and 9-14 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. 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 will
be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal,
and injunctive redress.
4.
Proprietary Rights in Content on edate.com.
edate.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 edate.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.
5.
Content Posted on the Site.
a. You understand and agree that
edate.com may review and delete any
content, messages, edate.com Messenger
messages, photos or profiles (collectively, "Content")
that in the sole judgment of edate.com
violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or
threaten the safety of Members.
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 edate.com,
you automatically grant, and you represent and warrant
that you have the right to grant, to edate.com
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 Website. edate.com
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:
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·
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);
· 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.
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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, URLs 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 may not transmit any chain
letters or junk email to other Members. Although edate.com
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,
edate.com reserves the right to restrict
the number of emails which a Member may send to other
Members in any 24-hour period to a number which edate.com
deems appropriate in its sole discretion.
6.
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. edate.com’s Copyright
Agent for notice of claims of copyright infringement
can be reached as follows: General Counsel, edate.com
7. Subscription.
If you sign up for multiple subscriptions to edate.com,
you will be limited to only one instance of edate.com
Messenger, regardless of the number of subscribing
accounts you may have with us.
8.
Member Disputes.
You are solely responsible for your interactions with
other edate.com Members. edate.com,
Inc. reserves the right, but has no obligation, to
monitor disputes between you and other Members.
9.
Privacy.
Use of the Website and/or the Service is also governed
by our Privacy Policy.
10.
Disclaimers.
edate.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. edate.com is not responsible
for the conduct, whether online or offline, of any
user of the Website or Member of the Service. edate.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. edate.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 edate.com
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 edate.com expressly disclaims
any warranty of fitness for a particular purpose or
non-infringement. edate.com cannot
guarantee and does not promise any specific results
from use of the Website and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such provisions
are restricted, in no event will edate.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 edate.com
has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained
herein, edate.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 edate.com
for the Service during the term of membership.
12.
U.S. Export Controls.
Software from this Website (the “Software”)
is further subject to United States export controls.
No Software may be downloaded from the Website 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.
13.
Disputes.
If there is any dispute about or involving the Website
and/or the Service, by using the Website, you agree
that the dispute will be 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 Florida, City of Miami.
14. Indemnity.
You agree to indemnify and hold edate.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.
15.
Other.
This Agreement, accepted upon use of the Website and
further affirmed by becoming a Member of the Service,
contains the entire agreement between you and edate.com
regarding the use of the Website 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.
Please contact us with any questions regarding this
agreement. edate.com is a trademark
of edate.com, Inc. Edatenow.com is
a trademarks of SA Interactive Information Technology,
Inc., edatetv.com is a trademark of Interactive Messaging.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
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