Fill and Sign the Agreement between Internet Based Dating Service and Customer Form

Agreement between Internet Based Dating Service and Customer Agreement made on the between Customer who accessed this Site and clicked “I agree” being hereafter referred to as Customer, and _______________________________________ (Name of Dating Service), a corporation organized and existing under the laws of the state of ____________________, with its principal office located at _____________________________ ____________________________________________________________________________ (street address, city, county, state, zip code), referred to herein as DS.1. By accessing the Web Site of DS, currently located at www.(_________ ).com (the Site), and using any of the Services of DS (as defined below) accessible through the Site, you agree to be bound by the terms and conditions of this Agreement for as long as you continue to use the Site or the Services. If you do not agree to be bound by this Agreement, do not use the Site or the Services of DS, and please click beside the statement, I DO NOT AGREE TO THE TERMS STATED ABOVE. 2.If you do agree to be bound by this Agreement, please click beside the statement, I DO AGREE TO THE TERMS STATED ABOVE.3.Your use of, or participation in, certain Services may be subject to additional terms, and such terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. 4. The Services consist of the following, without limitation: (name and give a brief description of each) __________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. 5. This Agreement is subject to change by DS in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. 6. Eligibility. A.Minimum Age. You must be at least ____ years old to use the Site and at least (e.g., 18 or 21) ______ years old to register for the Services of DS. Also, certain Services of DS may have other age requirements for all or portion of the Service.B. Marital Status. By requesting to use, registering to use, or using the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use all or portion of the Services.C. Criminal History. By requesting to use, registering to use, and/or using any of the Services of DS, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. DS DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, DS reserves the right to conduct a criminal background check, at any time and using available public records, to confirm that you are in compliance with this subsection.7. As a user of any of the Services of the Site you agree to the following: A. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DS is not responsible for third party access to your account that results from theft or misappropriation of your user names and/or passwords. B. Geographic Limitations. The Services of DS are intended for use in the United States. You will only use these Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a Specially Designated National, or (iii) placed on any restrictions by the U.S. Department of Commerce. To the extent that use of the Site or its Services is not legal in your jurisdiction, you may not use the Site or its Services. C.Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Site; (ii) the information and content you post or otherwise make available through the Site; and (iii) your interactions with other users through the Site .D. Risk Assumption and Precautions. You assume all risks when using the Site, including, but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Site. In addition, you agree to review and follow the recommendations set forth in the Tips for Safety, which will be provided to you prior to using the Site. You understand that DS makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site or as to the conduct of such individuals. E.Reporting of Violations. You will promptly report to DS any violation of the Agreement by others.F. Content Removal. DS reserves the right, but has no obligation to, monitor the information or material you submit to the Site or post on the Site. DS reserves the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or this Agreement or upon the request of any third party.G. Posting and Communication Restrictions. Postings will follow the terms of this Agreement. In addition to the foregoing, you will not post on the Site, transmit to other users, and communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Site, that: 1.Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;2. Is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site;3. Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;4.Contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;5. Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor ’s legal guardian);6. Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain the identity information of another, create or disseminate computer viruses, or circumvent copyright laws;7.Is intended to defraud, swindle or deceive any other user of the Site;8. Contains viruses, time bombs, Trojan horses, spyware, worms or other harmful, or disruptive codes, components or devices;9. Promotes or solicits involvement in or support of a political platform, religion, cult, or sect;10. Disseminates another person’ s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;11.Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;12. Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;13. Solicits gambling or engages in any gambling or similar activity;14. Uses scripts or other automated technology to access the Site;15. Uses the Site for a chain letter, junk mail or spam e-mails;16. Collects or solicits personal information about anyone under the age of 18; or 17.Is in any way used for or in connection with spamming, phishing, or similar activities.H. No False Information. You will not provide inaccurate, misleading or false information to DS or to any other user. If information provided to DS or another user subsequently becomes inaccurate, misleading or false, you will promptly notify DS of such change.I. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products through the Site. Further, you will not use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Site, you hereby acknowledge that you will have caused substantial harm to DS , but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DS $75 for each such unsolicited communication you send through the Site.J. Unique and Bona Fide Profile. As a user of the Site, you will create only one unique profile. In addition, your use of the Site must be for bona fide relationship- seeking purposes. K. No Harassment of DS Employees or Agents. You will not harass, annoy, intimidate or threaten any DS employee.9. Proprietary Rights. A.Ownership of Proprietary Information. You hereby acknowledge and agree that DS is the owner of all proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and relationship questionnaires (collectively referred to herein as, Confidential Information). DS owns and hereby retains all proprietary rights in the Site , including but not limited to, all Confidential Information.1.No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site, without first obtaining the prior written consent of the owner of such proprietary rights.2.Other Users’ Information. Other registered users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any third party proprietary information available via the Site .B. License to Posted Content. By posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to DS and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly 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. 10. User Information. A. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on the Privacy Statement of the Site located on the Site. By using the Site or the DS, you are consenting to the terms of such Privacy Statement.B.Contact Information. You agree that you will not post any e-mail addresses, personal website addresses or profile page you may have on a third party website, or other contact information in the About Me section of the Site or in any other communications you may have with other users of the Site. You may, at your discretion, exchange such information after you reach the open communication phase with your match.C. Disclosure By Law. You acknowledge and agree that DS may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the rights of DS, or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.D. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement , DS reserves the right, but has no obligation, to disclose any information that you submit to the Site , if in its sole opinion, DS suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that DS, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that DS is permitted to make such disclosure. 11. Links to Third-Party Web Sites and Dealing with Advertisers and Sponsors. The Site may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of DS, and DS is not responsible for the content of any linked Site or any link contained in a linked Site, or any changes or updates to such websites. DS provides these links to you only as a convenience, and the inclusion of any link does not imply that DS endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Site (including payment and delivery of related goods, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that DS will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to DS with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site. Please visit our Privacy Statement to learn more about how we use your information. 12.Disclaimer of Warranty. A. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DS PROVIDES THE SERVICES ON AN AS IS BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. DS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.B. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by DS , are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DS. UNDER NO CIRCUMSTANCES WILL DS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OF THE SITE.14. Limitation of Liability. A. Incidental Damages and Aggregate Liability. IN NO EVENT WILL DS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF DS, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE OR THE SERVICES OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID DS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.B. No Liability for Failure of DS to take any Action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.C. Information Verification. DS and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that DS and its contractors will have no liability to you arising from any incorrectly verified information.15. Indemnification. You agree to indemnify, defend and hold harmless DS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site , (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. DS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DS in asserting any available defenses. 16. Communication and Privacy. We may use your email address to send you messages notifying you of important changes to the Site or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options. 17. Term and Termination. This Agreement will become effective upon your acceptance of the Agreement or by your use of the Site or the Services, and said Agreement and will remain in effect in perpetuity unless terminated hereunder. DS reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Site and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to DS by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any User’s use of the Services , DS reserves the right to send a notice thereof to other Users which whom you have corresponded. 18. Cancellations. A.Cancellation At Any Time With No Refund. You may cancel your registration or subscription to any Service at any time during the term of such registration or subscription or any renewal period by (explain process) ________________________ ______________________________________________________________________ ______________________________________________________________________. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.B. 3-Day Cancellation. You, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telefax which states that you are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to ___________________________________ ______________________________________________________________________ (Name and address). In addition, you may e-mail DS by (explain) _________________ ____________________________________________________________________________________________________________________________________________. C.Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for such Services other than those received before death or the onset of disability. Disability means a condition which precludes you from physically using applicable Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to DS .19. Renewals. In order to provide continuous Services, DS automatically renews all paid subscriptions 24 hours before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term, except for annual subscriptions which will renew on a monthly basis after expiration of the annual period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. 20.Miscellaneous Provisions. A.Controlling Law and Jurisdiction. You agree that ____________________ (name of state) law will govern this Agreement and that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction and venue of the courts in ________________________ (name of state). You acknowledge and agree that any violation of this Agreement may cause DS irreparable harm, and therefore agree that DS will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that DS may have for a breach of this Agreement.B. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.21. Mandatory Arbitration.Notwithstanding the foregoing and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. [ ] I AGREE TO THE TERMS STATED ABOVE [ ]I DO NOT AGREE TO THE TERMS STATED ABOVE