Terms and Conditions
of Service / Terms of Use
This online personals service (the "Service") is a
way for conservative adults to meet each other.
This legal agreement ("Agreement") is made between
You and ConservativeDatingSite.com (herein referred as "CDS"). This
Agreement, as it may be amended from time to time, applies to all users of any
of the CDS website (the "Website").
You may not use the Service if you are under the age of 18
or you are not able to form legally binding contracts, or if your membership
has been suspended by CDS. Please read this Agreement carefully before
registering for the Service. By registering for the Service, You become a CDS 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, DO NOT REGISTER FOR
THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE
BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED
TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS
AGREEEMENT ON THE SERVICE.
In this Agreement the following terms have the following
meanings unless the context requires otherwise:
"Agreement" means the agreement between You and CDS
incorporating these terms and conditions for the provision of the Service, as
amended from time to time in the manner set forth herein;
"We, Us, Our" means ConservativeDatingSite.com
("CDS"); and "You, Your, Yourself" means the person who
registers for the Service, accepts the terms and conditions of this Agreement
and whose application for membership of the Service is accepted by CDS.
ELIGIBILITY: MINORS
MAY NOT BECOME MEMBERS. By becoming a Member, You represent
and warrant that You are at least 18 years old. By using the Service, 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 upgrade the Service for
additional storage space and functionality and use certain other elements of
the Service, You can become a Premium Member and pay the fees that are set out
in our price list . This price list is part of this Agreement and We reserve
the right, at any time, to 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 may
terminate this Agreement and Your use of the Service and, in such event, You
shall not be entitled to a refund of any unused subscription fees. Although we
aim to verify the accuracy of the information provided by Our Members, We do
not verify information in profiles, and We have no control over, do not
guarantee, and are not responsible for the quality, truth, accuracy, legality
or safety of Our Members.
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 via the Websites or
by sending Us written or email notice of termination. Either You or We may
terminate your membership by removing your profile, at any time, for any
reason, with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Us without cause, We shall refund,
pro rata, any unused portion of any subscription payments that We have received
from You. In the event that (a) You terminate your subscription or membership
or (b) We determine, in our sole discretion, that You have violated this
Agreement or our posted Privacy Policy, You shall not be entitled to, nor shall
We be liable to You for, any refund of any unused portion of any subscription
payments We have received from You, and We may continue to bar Your use of the
Service in the future. Even after membership is terminated, this Agreement will
remain in effect.
You are required to log into the Service at least once every
ninety (90) days. If you fail to do so, in addition to any other rights or
remedies available to the Company for a breach of the Terms, the Company
reserves the right to purge any Registration Data from the Service and / or
terminate your membership.
PROPRIETARY RIGHTS. You
represent and warrant to Us that the information posted in Your profile,
including Your photograph, is posted by You and that You are the exclusive
author of Your profile and the exclusive owner of Your photographs. You assign
to Us, with full title guarantee, all copyright in Your profile, Your
photographs and videos posted, and any additional information sent to Us at any
time in connection with Your use of the Service. You waive absolutely any and
all moral rights to be identified as author of Your profile and owner of Your
photograph and any similar rights in any jurisdiction in the world. 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
express written permission, You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information. By
posting information, photographs or content on any Service, You automatically
grant, and You represent and warrant that You have the right to grant, to Us and
other members, free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, copy, perform, display,
promote, publish and distribute such information, content and photographs 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 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, URLs or email addresses,
other than in response to Our prompts in the personal or general information
sections of the Websites. 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 email to other
members. To protect Our members against such conduct, depending on the Website
you Subscribe to, We currently limit the number of messages that any subscriber
may send in a day. You are solely responsible for Your interactions with other
members. We reserve the right, but have no obligation, to monitor and/or
mediate disputes between You and other members.
(2) 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 to Us or Our 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 not include in Your profile any offensive language, including but not
limited to 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 the
prohibitions set forth in this section. We reserve the right to refuse service
to anyone, at our sole discretion.
(3) By becoming a Member, You agree to accept and consent to
receiving email communications initiated from Us or through Us including,
without limitation: message notification emails, emails informing you about
events and parties We organize, emails informing You of changes to the Service
and emails informing You of promotions that either We provide or that are being
provided by third parties. If you choose to respond to promotions that are provided
by third parties and in the course of doing so, disclose information to any
external service providers, and/or grant them permission to collect information
about you, then their use of your information is governed by their private
policies. Message notification emails such as emails informing you about events
and parties We organize and emails informing You of changes to the Service are
provided by Us as part of the operation of the Service and you will receive
these messages for as long as you are Our member. Should You not wish to
receive any of Our email communications, please do not register with Us for the
Service. However, You may opt-out of receiving Email communications sent from
Us or through Us offering You third party goods or services.
(4) 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, delete or purge Your account
from the Service if it is 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.
(5) Our customer service employees are here to make your
online experience enjoyable by providing assistance and guidance to You. When communicating
to Our customer service representatives You agree not to be abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing or racially
offensive. Should any of Our customer service representatives feel, at any
point, threatened or offended by Your conduct, We reserve the right to
immediately terminate Your membership and You shall not be entitled to the
refund of any subscription payments We have received from You.
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, unlawful or illegal. The following is a partial, but not
exhaustive, list of the types of actions that are illegal or prohibited under
this Agreement:
You will not harass or impersonate any person or entity. You
will not use any 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. You will not express or imply that
any of Your statements are endorsed by Us, without Our specific prior written
consent. You will not interfere with or disrupt any Service or any Website,
servers or networks connected to any Service or Website. You will 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. You will not remove any copyright,
trademark or other proprietary rights notices contained in the Service or forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any information transmitted through the Service. You will not use meta tags or
code or other devices containing any reference to Us or the Service or the
Website connected to the Service in order to direct any person to any other
website for any purpose. 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 or
enable others to do so. 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, harm or limit the functionality of any computer
software or hardware.
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 or expenses
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.
RELEASE. If You
have a dispute with one or more of Our Members, you release Us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from any claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such dispute.
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 WE NEITHER
ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO
CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY
PERSON'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 DISCRETION, 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 EMAIL MESSAGES. EMAILS SENT
BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL
PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE
TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All
intellectual property rights in and to the Service are and shall be owned by
Us, absolutely. Those rights include, but are not limited to, database rights,
copyright, design rights (whether registered or unregistered), patents,
trademarks (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 the Service are the property of their respective owners.
PRIVACY. The
personal information (including sensitive personal information) You provide to
Us will be stored on computers and/or servers. You consent to the use this
information to create a profile of interests, preferences and browsing patterns
and to allow You to participate in the Service. You also agree to read, review,
comply with, uphold and maintain Our Privacy
Policy and the terms and conditions thereof. If you are located outside of
the
DISCLAIMERS. WE PROVIDE
THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND,
EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES,
OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE 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.
Although each member must agree to Our terms and conditions,
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 through the Service and that You may be involuntarily exposed
to such offensive or obscene materials. It also is possible for others to
obtain personal information about You due to Your use of the Service. Those
others may use your information for purposes other than what You intended. 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), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE
USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO
YOU OR TO ANY OTHER PERSON 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. 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 YOUR MEMBERSHIP. WE DO NOT CONDUCT
BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE IN ANY
WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR
EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT
LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS
WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE
SERVICE.
COMPLAINTS. To
resolve a complaint regarding the Service, You should first contact Our
customer service department by using the Contact Us page.
DISPUTE RESOLUTION. This
Agreement is governed by the laws of the State of
WAIVER AND
SEVERABILITY OF TERMS. Our failure to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be void, invalid or unenforceable, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision. In such case, the other
provisions of this Agreement shall remain in full force and effect.
You certify that You have read and that You agree to be
bound by the terms and conditions in this Agreement and our Privacy Policy.
Effective Date: December 29, 2009