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Welcome to a service of
Webb International, Inc. (hereinafter referred to as "Webb
International, Inc." , "eDating Place", "eDating Place Site" or
"Site"). You must read and agree to these terms and conditions
before you may access or view our Site. Please read them carefully.
By visiting the eDating Place Site, you are agreeing to its terms.
This Agreement is subject to change at any time, and changes are
effective upon posting. Bookmark this page and check it frequently
as it is up to you to refer to this page for any amendments/changes
to the original Agreement.
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1. Eligibility:
You must be eighteen or over to register as a member of or
use this site. Membership in the service is void where prohibited.
By using and/or viewing this site, 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 and that you are at least 18-years old (21-years old where
18 is not the age of majority) - who are interested in and wish to
have access to visual images, verbal and written descriptions and
audio sounds of a sexually oriented, and frankly erotic nature. The
materials, which are available within this site may include graphic
visual depictions and descriptions of nudity and sexual activity and
should not be accessed by anyone who is younger than 18-years old
(21-years old where 18 is not the age of majority) or who is
offended by such materials or who does not wish to be exposed to
such materials. Commercially available parental control protections
(such as computer hardware, software, or filtering services) may
assist you in limiting access to material that is harmful to minors.
If you are interested in learning more about these protections,
information is available at www.cybersitter.com, www.netnanny.com or other
analogous sites providing information on such protections. (The
preceding link is provided for information purposes only and is not
intended as an endorsement of these entities, their services, or
policies. Various, Inc. is not affiliated with them.)
By
using and/or viewing this site you represent and warrant under
penalty of perjury the following:
A) That you are an adult,
at least 18-years of age (21-years old where 18 is not the age of
majority).
B) That you will not permit any person(s) under
18-years of age (21-years old where 18 is not the age of majority)
to have access to any of the materials contained within this
Site.
C) That you understand that when you gain access to this
site, you will be exposed to visual images, verbal descriptions and
audio sounds of a sexually oriented, frankly erotic nature, which
may include graphic visual depictions and descriptions of nudity and
sexual activity. You are voluntarily choosing to do so, because you
want to view, read and/or hear the various materials which are
available, for your own personal enjoyment, information and/or
education. Your choice is a manifestation of your interest in sexual
matters which, you believe, is both healthy and normal and which, in
your experience, is generally shared by average adults in your
community. You further represent and warrant that you are familiar
with the standards in your community regarding the acceptance of
such sexually oriented materials, and the materials you expect to
encounter are within those standards. In your judgment, the average
adult in your community accepts the consumption of such materials by
willing adults in circumstances such as this which offer reasonable
insulation from the materials for minors and unwilling adults, and
will not find such materials to appeal to a prurient interest or to
be patently offensive.
D) That you further represent and warrant
that you have not notified any governmental agency, including the
U.S. postal service, that you do not wish to receive sexually
oriented material.
E) That you represent and warrant that you
have not and will not use and/or view the Site(s) in a restricted
location - namely a place, country, or location in which doing so
would, or could be deemed a violation of any law, regulation, rule,
ordinance, edict or custom.
2. Fees/Termination:
eDating Place's and Webb International, Inc. usage and/or
subscription fees were provided to you upon registration and may
change from time to time upon electronic notice to you. Various,
Inc. reserves the right to terminate your access to the site for any
reason or no reason. Various, Inc. may terminate your membership
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 us. If Various, Inc. terminates your membership in
the eDating Place service because you have breached this
Agreement, you will not be entitled to any refund of any unused
subscription fees. Even after this Agreement is terminated, certain
provisions will remain in effect including sections 1, 3, 14,
inclusive, of this Agreement.
3. Non-Commercial Use by Members/Viewers:
This
eDating Place site is for the personal use of individual members and
viewers only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not
become members of this site and shall not use the eDating Place
service or site for any purpose including but not limited to:
sending unsolicited commercial e-mail to members, sending
advertisements for other web sites and services in this site's chat
rooms, or using member personal identifying information for
commercial purposes. Illegal and/or unauthorized uses of the site,
including unauthorized framing of or linking to the site or the
sending of unsolicited commercial email will be investigated, and
appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress and/or
termination of membership at eDating Place's sole discretion. In
order to prevent the sending of unsolicited commercial email or chat
messages to its members, Various, Inc. may take reasonable steps,
including the limiting of the numbers of emails or chat messages
sent or received by a member and electronically filtering or
throttling or terminating e-mail and chat messages at Various,
Inc.'s sole discretion.
4. Proprietary Rights of Content on eDating Place:
Various,
Inc. owns and retains other proprietary rights in the Adult
FriendFinder site and the eDating Place service. The site contains
the copyrighted material, trademarks, and other proprietary
information of Various, Inc., and its licensors. Except for that
information which is in the public domain or for which you have been
given permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on the Site/CDA:
A) Various, Inc.
claims immunity from liability to the fullest extent under the law
and as provided under the Communications Decency Act for Content
provided by third parties and members and nothing in this agreement
is intended to waive, remove, or usurp such immunity. You understand
and agree that Various, Inc. may delete any content, messages,
photos or profiles (collectively, "Content") that in the sole
judgment Various, Inc. violates the Terms of Use or which might be
offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Various, Inc. and/or its members.
B) You
are solely responsible for the content that you publish or display
(hereinafter, "post") on the eDating Place , or transmit to other
Various, Inc. members.
C) By posting content to any public area
of eDating Place, you automatically grant, and you represent and
warrant that you have the right to grant, to Various, Inc. and its
members, an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare
derivative works of, or incorporate into other works and other
media, such information and content, and to grant and authorize
sublicenses of the foregoing. For privacy terms, please refer to our
Privacy Policy.
D) Various, Inc.will 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 site or service and terminating the
membership of such violators. The following is a partial list of the
kind of content that is illegal or prohibited on the site - it
includes content that: 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 or invades their privacy;
involves the transmission of "junk mail", "chain letters," or
unsolicited commercial e-mail 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); displays pornographic or
sexually explicit material of any kind; 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
content that involves cursing, swearing, incest, falsifying gender,
violence, necrophilia, impersonating another member, threat of
suicide or harm to oneself or others, drug paraphernalia, or
bestiality; 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; sending
advertisements in chat or instant messaging messages; and engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
E) You must use the eDating Place service in a manner
consistent with any and all applicable laws and regulations.
F)
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or
routine to bypass or to interfere or attempt to interfere with the
proper working of the eDating Place site. You agree that you will
not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real time basis and is
proprietary or is licensed to Various, Inc. by our users or third
parties.
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 will not transmit any chain letters or junk email
to other eDating Place members. Although Various, Inc. cannot
monitor the conduct of its members off the eDating Place site, 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.
H) Your profile (and its
contents) may be searchable by, and you may be able to search for
the profiles (and their contents) of, members registered to other
Various operated and "powered by" websites, e.g. co-branded,
privately labeled, etc. This feature may allow you to interact with
additional members of Various websites.
I) Your profile (and the
contents thereof) may be searchable by third-party publicly
available search engines.
6. Copyright Policy/DMCA Notice:
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 or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has
been copied and posted on the eDating Place service in a way that
constitutes copyright infringement, please provide our Copyright
Agent with the following information consistent with the Digital
Millennium Copyright Act (DMCA): 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 our site including the
URLs of web pages and/or hyperlinks; 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. Various, Inc. 's Copyright
Agent for Notice of claims of copyright infringement can be reached
as follows:
General Counsel, Various, Inc.
445 Sherman Avenue, Suite C,
Palo Alto, CA 94306
It is the intention of Various, Inc. to fully
comply with the DMCA, including the Notice and "take down"
provisions and to benefit from the safe harbors immunizing it from
liability to the fullest extent provided by law, and to the extent
the Notice and "take down" requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided
by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Various, Inc. does not solicit or control
the information provided by other users that is made available through our
system. You may find other user's information to be offensive, harmful,
inaccurate and/or deceptive. If so, please request a profile review using the
link provided on the member’s profile page or at various other places
throughout the website. Please also use caution, common sense, and safety when
using our site. You are solely responsible for your interactions with other
eDating Place members. Because it is not involved in member interactions, in
the event that you have a dispute with one or more members or those who have
posted, viewed and/or used information on the eDating Place site, you release
Various, Inc., including its officers, directors, agents, subsidiaries and
employees, from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code § 1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
Various, Inc. reserves the right, but has no obligation, to monitor disputes
between you and other members.
8. Privacy:
Use of the eDating Place site and/or its
service is governed by our Privacy Policy, which may change from time to time
upon electronic notice to you.
9. Disclaimers:
Various, Inc., including its officers,
directors, agents, subsidiaries and employees is not responsible for any
incorrect or inaccurate content posted on the site or in connection with the
eDating Place service, whether caused by users, members or by any of the
equipment or programming associated with or utilized in the service, nor for
the conduct of any user and/or member of the eDating Place service whether
online or offline. Various, Inc. 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 and/or member communications. Various, Inc. is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line-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 eDating Place site and/or in connection with the Adult
FriendFinder service. Under no circumstances Various, Inc., be responsible for
any loss or damage resulting from anyone's use of the site or the service
and/or any content posted on the eDating Place site or transmitted to eDating
Place members. The site and the service are provided "AS-IS" and Various, Inc.
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Various, Inc. cannot guarantee and does not promise any
specific results from use of the site and/or the eDating Place service.
Note to WebTV users: Our current site technology does not support WebTV access
for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in jurisdictions where such
provisions are restricted (and in that event liability is disclaimed to the
fullest extent permitted by law), in no event will Various, Inc. 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 site or the eDating Place service, even Various, Inc. has been advised
of the possibility of such damages. You further agree to hold Various, Inc.,
including its officers, directors, agents, subsidiaries and employees harmless
for claims arising in the event that other user’s profile ultimately proves to
be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to
the contrary contained herein, Various, Inc.'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 eDating Place for the service
during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject
to United States export controls. No software from this site may be downloaded
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.
12. Arbitration of Disputes:
Any and all disputes arising out of or
related to these Terms of Use and/or your relationship with Various, Inc.
and/or your use of this site shall be submitted to binding arbitration
according to the rules of the American Arbitration Association. The parties to
the arbitration shall evenly divide any and all costs of the arbitration.
Neither party shall be entitled to attorney fees. All parties submit to
exclusive jurisdiction in Santa Clara County, California. The arbitration shall
take place exclusively in Santa Clara County, California at JAMS before a
retired judge and shall be governed by California law without regard to its
conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold Various,
Inc., 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 these Terms of Use and/or any breach of your representations and
warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any
notices shall be given by postal mail to:
General Counsel, Various, Inc.
445 Sherman Avenue, Suite C,
Palo Alto, CA 94306
or to the email address you provide to eDating Place during the registration
process. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively,
Various, Inc. may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to eDating Place during the
registration process. In such case, notice shall be given 3 days after the date
of mailing. You agree that this Agreement and all incorporated Agreements may
be automatically assigned by Various, Inc., in our sole discretion, to a third
party. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. References to
Various, Inc. shall include its subsidiaries, affiliates, officers, agents, and
other partners and employees. Various, Inc.'s failure to act with respect to a
breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect.
Various, Inc. is located at:
445 Sherman Avenue, Suite C,
Palo Alto, CA 94306
International Office,
Friendfinder Processing, Ltd.
P.O. Box 1058, Suite 202
Armory Building, Victoria Road
Basseterre, St. Kitts
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