Definitions used in this Agreement:
"Active User" - means a User who has logged into Website at least once in the previous 30 days.
"Service" - means the features and services we make available to Users, including through the website at www.thefun.singles ("Website") and any other branded or co-branded websites (including sub-domains, international versions, and mobile versions); and other media, software devices, or networks now existing or later developed.
"Free User" - means users who do not pay for use of the Website and does not receive Services.
"Member" - means users who subscribe to the Services of the Website and who pay for membership and for using of the Website and receiving Services.
"User" - collectively means both Free Users and Members.
"You" - means Free User, Member or both as appropriate under specific circumstances and language of this Agreement.
"We" - means www.thefun.singles and/or The Fun Singles Inc
"Information" - means facts, personal and other information about you, including actions taken on Website and any other interaction with Website.
"Content" - means anything you or other Users post on Website or any other data that would not be included in the definition of Information.
"Post" - means post or comment or any insert any other data on Website or otherwise make available by using Website.
PLEASE READ THIS AGREEMENT CAREFULLY.
- www.thefun.singles ("Website") provides opportunities to Users for social networking, online dating, participating in real life events, finding matches, sharing personal information with other Users. This interactive Website permits single adults, adults separated from their spouses and who are at least 18 years of age to share information online. The Website is also a ticketing and registration platform to enable Users to discover, share and register for events.
- The Fun Singles Inc, a Delaware corporation, operates the Website. The Agreement regulates the relationships between The Fun Singles Inc and Users. It does not regulate any other relationship including relationship between Users, Users and event organizers or Users and any other third parties, including but not limited vendors, event hosts, etc.
- If you object to anything in this Agreement, do not use the Website or its Services and do not sign this Agreement. By using this Website or signing in, you sign and agree to be bound by the terms of this Agreement. You also guarantee that:
- a) you are a single adult or adult separated from your spouse,
- b) you are at least 18 years of age, and
- c) you read and understood its terms and conditions regardless your status as a Free User or a Member, and regardless your location (within the United States or outside of the United States).
- This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership conditions if you are a Member. The Fun Singles Inc may modify this Agreement from time to time, and such modifications will be effective upon posting on the Website. If the changes are material, The Fun Singles Inc may provide you additional notice as appropriate under the circumstances. This Agreement includes any notices or policies posted on the Website. By accessing the Website or becoming a User, by continuing the use of Webstie, you accept this Agreement and its amendments and agree to all of the terms, conditions, rules, principles and notices contained or referenced herein, and you consent to sign and have this Agreement provided to you in electronic form.
- You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. Should you choose to do so, we will discontinue your then-current username and password. This means that you will not have the right to use the Website and its Services unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send a email to email@example.com. Your withdrawal of consent shall be effective within a reasonable time (within 20 days) after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
- California law permits residents of California to request certain details about what personal information a company shares with third parties for the third parties' direct marketing purposes. We do not share your information with third parties for the third parties' own and independent direct marketing purposes unless we receive your permission. If you have questions about our sharing practices or your rights under California law, please write us or contact us by email firstname.lastname@example.org.
- Accessibility. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer, laptop and modem or other access device. You may print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
- You must be at least eighteen (18) years of age single or separated from your spouse to use this Website as a Free User or to register/subscribe as a Member. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you are at least eighteen (18) years old single or a person who separated from his or her spouse and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. We do not investigate or otherwise check the information provided by Users. Users should note that it is solely their responsibility to be careful in choosing people to whom to date or contact and that nobody but Users have the right of making any decisions and choices regarding their communication and activity on the Website or in real life.
- You may become a Free User at no cost, and as such, you will have the ability to participate in some, but not all, of the features and services available in the Website. In order to access additional features and services, including the ability to communicate with other Users, you must become a paying subscriber to the Website (Member). Please see Subscribe Policy for a description of the current subscription plans and their prices. From time to time, Website in its solo discretion may remove the profiles of non-subscribers (Free Users) and will have no responsibility or liability for any kind of damages to Free User or any other party. The Website will automatically create a Free User profile for you once you book an event ticket, if you don't have an existing account associated with your email address.
- This Agreement will remain in full force and effect while you use the Website as a User. You may terminate your membership and/or subscription at any time, for any reason or without reason, by contacting us online through "Contact Us" link at the bottom of Account page. If you resign or cancel your membership/subscription via the Website, to help Website to analyze and improve its Services, you may be asked to provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue the resignation/cancellation process by clicking the "Continue Cancellation" or other similar button on the page. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Website may terminate your membership/subscription by sending notice to you at the email address you provide in your application for membership. If Website terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Website. Website is not required to provide you notice prior to terminating your membership. Website is not required to disclose a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- The Website is for the personal use of individual Users 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, email addresses or other information of Users 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 may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Website, which may be revoked at any time, for any reason or without any reason, in Website's sole discretion. Users may not register or use this Website for educating themselves or doing market or any other research or use for any other business or commercial purpose.
- 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 Website 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. Website will not be liable for any loss or damage arising from your failure to comply with this Agreement. 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked yourself to your account. These limited instructions of safety do not suggest and cannot be construed as an attempt to make Website responsible for your safety.
- If you interact YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WEBSITE DOES NOT CONDUCT CRIMINAL OR OTHER TYPE OF BACKGROUND CHECKS ON ITS USERS. WEBSITE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THEIR STATEMENTS OR PERSONAL OR OTHER INFORMATION PROVIDED ON THE WEBSITE. WEBSITE MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WEBSITE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. THIS RIGHT HOWEVER DOES NOT CREATE ANY RESPONSIBILITY TO USERS AND CANNOT BE RELIED ON BY USERS OF THE WEBSITE.
- IN NO EVENT SHALL WEBSITE BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, NOMINAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER TYPE OF INTENTIONAL OR NEGLIGENT DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THIS WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO SHARE YOUR PERSONAL INFORMATION OR TO MEET IN PERSON.
- IN ADDITION, YOU AGREE TO READ OR REVIEW THIS AGREEMENT AND EACH APPENDIX TO THIS AGREEMENT PRIOR TO USING THE WEBSITE. YOU UNDERSTAND THAT WEBSITE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE WEBSITE. GENERALLY, YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION, OR SOCIAL SECURITY NUMBER) TO OTHER MEMBERS. THESE INSTRUCTIONS ARE VERY LIMITED IN THEIR NATURE AND CANNOT BE CONSTRUED AS AN ATTEMPT BY WEBSITE TO TAKE RESPONSIBILITY FOR YOUR BEHAVIOR OR ACTIONS.
- If you interact with Website outside the United States, you consent to having your personal data transferred to and processed in the United States.
- Ownership. We own and retain all proprietary rights in the Website and any services connected with it. The Website contains the copyrighted material, trademarks, patents, and other proprietary information of Website, and/or 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.
- No guarantees. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Website, are those of their respective authors, and may not represent Website's position or opinion and should not necessarily be relied upon. Such authors are solely responsible for such content. Website does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, advertisement or statement made by any party that appears on the Website. Under no circumstances will Website or its affiliates be responsible for any loss or damage whatsoever resulting from your reasonable or unreasonable reliance on information, advertisement or other content posted on the Website or transmitted to or by any User.
- You are solely responsible for your online comments, messages, content of your profile or any answer to any question that you publish or display or make otherwise available to any person on the Website, or transmit to other Users or general public.
- Offensive language is prohibited. You must not post on the Website or transmit to other Users or general public any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal or any other material (including but not limited to pictures, texts, massages or other information) that infringes or violates or will infringe or violate another party's rights (including but not limited to intellectual property rights, rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Website or to any other User. If information provided to Website, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Website of such change and make appropriate changes in your profile.
- Content. You understand and agree that Website may review and delete any information, content, messages, double-blind emails, photos or entire profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Website violate this Agreement or applicable law or which might be offensive, illegal, or that might violate the rights of other parties, harm, or threaten the safety of Users or general public.
- Grant of license. By posting Content to any public area of Website, you automatically grant, and you represent and warrant that you have the right to grant, to Website, 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 or provide derivative services of, or incorporate into other works or services, 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 Website will not infringe or violate the rights of any third party.
- Prohibited Content. The following is a partial list of the kind of Content or Actions that are illegal and/or prohibited on Website. Website reserves the right to investigate and take appropriate legal and other actions in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication from the Website and terminating the membership of such violators without compensating for any damages or losses or refunding unused subscription fees. It includes, but is not limited to Content or Action that:
You have other duties according to this Agreement, Website's policies and applicable laws and regulations.
- is patently offensive to the online community, such as Content that promotes racism, nationalism, bigotry, polygamy, cruelty, slavery, hatred (hate speech) or physical harm of any kind or other illegal actions against any group, individual or animal, or threatening or pornographic, incites violence or contains nudity or graphic or gratuitous violence;
- bullies, intimidates, harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading or promotes illegal, fraudulent, abusive, threatening, obscene, defamatory or libelous activities or conduct;
- 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 images, pictures, audio or video, or links to pirated images, audio or video 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 the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, illegal drugs, violating someone's privacy, or providing, uploading or creating computer viruses or other malicious code;
- solicits login information, passwords or personal identifying information of Users or attempts or accesses an account belonging to someone else;
- engages in unlawful commercial activities or communications and/or sales without our prior written consent such as spam, multi-level marketing, contests, sweepstakes, barter, advertising, and pyramid schemes;
- attempts to collect or collects Users' content or information, or otherwise access Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- posts content that facilitates or encourages any violation of any laws or this Agreement or our Policies.
- You must not do anything unlawful, misleading, malicious, or discriminatory on the Website or by using the Website or its Services. You must not do anything that could disable, overburden, or impair the proper working or appearance of the Website or its services, such as a denial of service attack or interference with page rendering or other functionality of the Website.
- Compliance. Your use of Website, including but not limited to the Content you post on the Website, must be in accordance with all applicable laws, regulations, this Agreement and Policies. You may not include in your profile any telephone number, street address, last name, URL or email address or any type of advertisement. You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Users. Although Website cannot monitor the conduct of Users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect Users from such advertising or solicitation, Website reserves the right to restrict the number of emails that Users may send to other Users in any 24-hour period to a number, which we deem appropriate in Website's sole discretion. All information you include in your profile must be accurate, current and complete. You must post only your pictures or pictures at which you are present.
- Misuse. Website reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which is inappropriate in Website's opinion or if your conduct is unlawful or illegal or violates this Agreement, Policies and any applicable laws. The following is a partial list of the type of actions that you may not engage in with respect to the Website:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Website without our specific prior written consent.
- 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 Website or its contents.
- 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.
- You will not remove any copyright, trademark or other proprietary rights notices contained on the Website.
- You will not interfere with or disrupt the Website or the site or its servers or networks connected to the Website or its services.
- 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Website or its services, without our prior written authorization. You also shall not use code or other devices containing any reference to Website or Services in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or its services or any software used on or for the Website or its services or cause others to do so.
- Communication. Website may provide assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- Billing. Website bills you through an online account (your "Billing Account") for use of the Website if you are a Member. You agree to pay Website all charges at the prices you agreed to for any use of the Website and its services by you or other persons (including your agents) using your Billing Account, and you authorize Website to charge your chosen payment provider (your "Payment Method") for the Website and its services. You agree to make payment using that selected Payment Method. Website may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Agreement includes any agreements you made with Website on the Website when becoming a Member. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account or subscription reinstated.
- Automatic Renewal. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership (or similar) page on your Account Settings page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. The billable term for this Agreement purposes is a calendar month, no matter if a particular month has 28, 30 or 31 days. If you subscribe during the month and there are still at least 5 days for that month to finish, you will be charged for a full amount. If there are less than 5 days for that month to end, then you will not be charged for that month. By subscribing, you authorize Website to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize Website to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Website does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that Website may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Website if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at Account Settings on the Website. If you fail to provide Website any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- Reaffirmation of Authorization. Your non-termination or continued use of the Website and its Service reaffirms that Website is authorized to charge your Payment Method. Website may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
- Modifications to Service. Website 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 Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Website and its Services, Website reserves the right at any time in its sole discretion to block Users/Members from certain IP addresses from accessing 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 Website 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. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com.
- Members Disputes. You are solely responsible for your interactions with other Users. Website reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Disclaimers. Website 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, Users or by any of the equipment or programming associated with or utilized in the Service.Website is not responsible for the conduct, whether online or offline, of any Free User or Member. Website 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, Free User or Member communications. Website 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 any Free User or Member 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 Website or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, includeing personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Website cannot and does not guarantee, does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Website makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional, medical or other advice, you should consult with an appropriately trained, licensed and/or qualified specialist or professional.
- Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Website has no control over such sites and resources, you acknowledge and agree that Website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, advertisement, goods or services available on or through any such site or resource.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Website 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 Website or its Service, even if Website has been advised of the possibility of such damages. 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 Website for the Service during the term of membership.
- 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.
- Arbitration and Jurisdiction. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Website in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Website any class action, class arbitration, or other representative action or proceeding. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Website (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING AGAINST WEBSITE. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Website (except for small-claims court actions) may be commenced only in the federal or state courts located in King County, Seattle, Washington. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and Website, shall be governed by the laws of the state of Washington without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity. You agree to indemnify and hold Website, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any damages, loss, liability, claim, or demand, including reasonable attorney's fees, made by you or any third party due to or arising out of your use of the Website or its 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. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Miscellaneous. This Agreement contains the entire agreement between you and Website 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. This Agreement is subject to change by Website at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Please Contact Us by email firstname.lastname@example.org with any questions regarding this agreement. Website is a trademark of The Fun Singles Inc
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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