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ProfessionalSingles.com
MEMBER TERMS AND CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE
ProfessionalSingles.com WEBSITE.
ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS
STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the "Agreement")
carefully. The Agreement sets out the terms under which ProfessionalSingles.com
services (the "Service") are provided to you by us (ProfessionalSingles.com),
whose registered office is at 13901 Midway Road, Suite 102, Dallas, Texas
75244, through the www.professionalsingles.com website (the "Site"). By
registering with ProfessionalSingles.com, you become a member of the Service (a
"Member"), and you agree to be bound by the terms and conditions of this
Agreement (the "Terms") for as long as you continue to be a Member. By using
this website, whether or not you become a member of the Service, you agree to
be bound by the Terms. If you do not agree to the Terms, please do not register
for the Service or otherwise access or use this Site.
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or
feature of the Site;
Change the Service; or
Change any fees or charges for using the Service and/or Site.
Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting on the Site or email.
Your use of the Service and/or Site after such notice will be deemed acceptance
of the changes. Be sure to review this Agreement periodically to ensure
familiarity with the most current version. Upon our request, you agree to sign
a non-electronic version of this Agreement.
REGISTRATION.
To become a Member you must register with us. 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 reserve the
right to terminate this Agreement and your use of the Service and/or Site.
By becoming a Member, you represent and warrant that you are at least 18 years
old, which is the minimum required age to become a Member. However, we cannot
guarantee that each Member is at least the required minimum age, neither do we
accept responsibility or liability for any content, communication or other use
or access of the Service and/or Site by persons under the age of 18 in
violation of these Terms.
Either you or ProfessionalSingles.com may terminate your membership at any time,
for any reason, effective upon ProfessionalSingles.com sending written notice
to you or upon receipt by ProfessionalSingles.com of your written notice of
termination. All membership fees paid are non-refundable. We reserve the right
to immediately suspend or terminate your access to the Service and/or Site,
without notice, upon any breach of this Agreement by you that is brought to our
attention.
Your membership in 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.
USERNAME AND PASSWORD.
As part of the registration process, you will be asked to select a username. We
may refuse to grant any username that impersonates someone else, is or may be
illegal, is or may be protected by trademark, service mark or other proprietary
rights law, is vulgar or otherwise offensive, or may cause confusion, as we
determine in our sole discretion. You are responsible for the confidentiality
and use of your username and password and agree not to transfer or resell your
use of or access to the Service and/or Site to any third party. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD
AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
ONLINE CONDUCT.
As a Member, you agree that:
You are solely responsible for the content or information you publish or
display (hereinafter, "post") on the Service and/or Site, or transmit to other
Members.
You will not post on the Service and/or Site, or transmit to other Members or
employees, any defamatory, inaccurate, misleading, false, 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). Please notify us, by writing to
ProfessionalSingles.com, 13901 Midway Road, Suite 102, Dallas, Texas 75244, or
sending an email to support@professionalsingles.com, of any material contained
in the Service and/or Site that you believe infringes or violates these rules.
You will use the Service and/or Site in a manner consistent with any and all
applicable laws and regulations, including U.S. export control laws. You will
not include in your profile any telephone numbers, street addresses, last
names, URLs, e-mail addresses, offensive anatomical or sexual references, or
offensive sexually suggestive or connotative language, or any confidential
information of any third person, and you will not post any photographs or other
images containing nudity or such personal information. ProfessionalSingles.com
reserves the right, but has no obligation, to reject any profile or photograph
or image that does not comply with these prohibitions.
You will not use the Service and/or Site, or any information obtained from the
Service and/or Site, to impersonate any person or entity.
You will not use the Service and/or Site, or any information obtained from the
Service and/or Site, to "stalk," or otherwise harass, abuse or harm any person.
You will not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service and/or Site. You will not
transmit any chain letters, spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us,
without our specific prior written consent.
You will not harvest or collect personal information about other Members
whether or not for commercial purposes, without their express 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 Site or its contents.
You will not post, distribute, use, copy, modify, transmit, create any
derivative works from, or reproduce in any way any copyrighted material,
trademarks, service marks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark, service mark or other proprietary
rights notices contained in the Site without prior written consent of
ProfessionalSingles.com.
You will not interfere with or disrupt the Service or the Site or the servers
or networks connected to the Service or the Site.
You will not post, e-mail 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. Please notify us, by writing to
ProfessionalSingles.com, 13901 Midway Road, Suite 102, Dallas, Texas 75244,. or
sending an e-mail to ProfessionalSingles.com, of any material contained in the
Service and/or Site that you believe infringes these rules.
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service and/or
Site.
You will not "frame" or "mirror" any part of the Site, without our prior
written authorization. You also shall not use metatags or code or other devices
containing any reference to ProfessionalSingles.com or the Service or the Site
in order to direct any person to any other website for any purpose.
You will not modify, adapt, sub-license, translate, sell, reverse engineer,
decipher, de-compile or otherwise disassemble any portion of the Site or any
software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members.
ProfessionalSingles.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
INDEMNITY BY MEMBER.
You agree to indemnify, defend and hold us, our officers, directors,
subsidiaries, affiliates, employees, agents, representatives and third-party
partners harmless from and against any and all claims, damages, demands,
losses, liabilities, costs (including reasonable attorneys' fees) or other
expenses that arise directly or indirectly out of or from (i) your breach or
violation of this Agreement; (ii) any allegation that any materials that you
submit to us or transmit to the Site infringe or otherwise violate the
copyright, trademark, service mark, trade secret or other intellectual property
or other rights of any third party; and/or (iii) your activities in connection
with the Service and/or Site. This indemnity shall be applicable without regard
to the negligence of any party, including any indemnified person.
ONLINE CONTENT.
Opinions, advice, statements, offers or other information or content
made available through the Service and/or Site, but not directly by
ProfessionalSingles.com, are those of their respective Member-author and not of
ProfessionalSingles.com, and should not necessarily be relied upon. Such
Members are solely responsible for such content. ProfessionalSingles.com does
not guarantee the accuracy, completeness or usefulness of any information on
the Service and/or Site and neither adopts nor endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made. Under no
circumstances will ProfessionalSingles.com be responsible for any loss or
damage resulting from anyone's reliance on information or other content posted
on the Service and/or Site or transmitted to Members.
The Site may contain links to other Internet websites or resources. We neither
control nor endorse such other websites, nor have we reviewed any content that
appears on such other websites. You acknowledge and agree that we shall not be
held responsible for the legality, accuracy or inappropriate nature of any
content, advertising, products, services or information located on or through
any other websites or for the operation or policies of any such websites, nor
for any loss or damages caused or alleged to have been caused by the use of or
reliance on any such websites or such content or other information.
WARNING - PLEASE READ:
It is possible that other Members or users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials on the Service
and/or Site and that you may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Service and/or Site, and that the
recipient may use such information to harass or injure you.
ProfessionalSingles.com is not responsible for the use of any personal
information that you may choose to disclose on the Service and/or Site. Please
carefully select the type of information that you post on the Service and/or
Site or release to others.
ProfessionalSingles.com reserves the right, but has no obligation, to monitor
the materials posted in any area of the Service and/or Site.
ProfessionalSingles.com shall have the right but not the obligation to remove
any such material that violates, or is alleged to violate, the law or this
Agreement. Notwithstanding this right of ProfessionalSingles.com, you remain
solely responsible for the content of the materials you post in any area of the
Service and/or Site and your private email messages. E-mails sent between you
and other Members that are not readily accessible to the general public will be
treated as private by ProfessionalSingles.com to the extent required by
applicable law and pursuant to the commercially reasonable efforts of
ProfessionalSingles.com
We do not exclude any liability for death or personal injury due to our gross
negligence.
PROPRIETARY RIGHTS.
ProfessionalSingles.com owns and retains, or licenses, all proprietary rights
in the Service and the Site. The Service, the Site and all software, systems
and processes used in connection therewith contain the copyrighted material,
trademarks, service marks and/or other proprietary information of
ProfessionalSingles.com and its licensors. ProfessionalSingles.com protects its
intellectual property rights to the fullest extent of the law. By providing
information through the Service and/or on the Site, ProfessionalSingles.com
does not grant any licenses to its copyrights, trademarks, service marks or
other intellectual property rights. In addition, 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 permission, you will not copy, modify, publish,
transmit, distribute, perform, display or sell any such proprietary
information. By posting information or content to any area of the Service
and/or Site, you automatically grant, and you represent and warrant that you
have the right to grant, to ProfessionalSingles.com and other Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sub-licenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER.
We will respect your personal information and undertake to comply with all
applicable data protection legislation in the United States and other
jurisdictions in which we offer the Service, subject to the Privacy Policy of
ProfessionalSingles.com
The personal information (including sensitive personal information) you provide
to us will be stored on computer. You consent to us using this information to
build up a profile of interests, preferences and browsing patterns and to allow
you to participate in the Service. All Members also agree to uphold and
maintain our Privacy Policy and to the terms and conditions thereof.
DISCLAIMER OF WARRANTY.
PROFESSIONALSINGLES.COM PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS
AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY
COMMUNICATION WITH PROFESSIONALSINGLES.COM OR ITS REPRESENTATIVES, OR OTHERWISE
WITH RESPECT TO THE SERVICE OR THE SITE. PROFESSIONALSINGLES.COM SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. PROFESSIONALSINGLES.COM DOES NOT WARRANT THAT YOUR
USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE
OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE
SERVICE OR THE SITE WILL BE CORRECTED. PROFESSIONALSINGLES.COM DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER
SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER
SERVICE.
PROFESSIONALSINGLES.COM MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT
OF MEMBERS OR THEIR COMPATABILITY WITH ANY CURRENT OR FUTURE MEMBER.
LIMITATION OF LIABILITY.
IN NO EVENT WILL PROFESSIONALSINGLES.COM, ITS OFFICERS, DIRECTORS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS REPRESENTATIVES AND THIRD-PARTY
PARTNERS, BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, COMPENSATORY,
PUNITIVE, SPECIAL, EXEMPLARY, DIRECT 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 OR THE SITE, EVEN IF PROFESSIONALSINGLES.COM OR
ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY
CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY,
IN ALL EVENTS 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 PROFESSIONALSINGLES.COM FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP.
IN NO EVENT WILL PROFESSIONALSINGLES.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEPLARY,
COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, WHETHER PERSONAL INJURY,
EMOTIONAL DISTRESS OR DEATH, ARISING OUT OF, RELATING TO OR RESULTING FROM
ANYONE'S USE OF THE SERVICE AND/OR SITE, ANY INFORMATION POSTED ON THE SITE OR
TRANSMITTED TO MEMBERS OR USERS, OR ANY INTERACTIONS BETWEEN MEMBERS OR USERS
OF THE SITE, WHETHER ONLINE OR OFFLINE.
In addition, ProfessionalSingles.com disclaims all liability, regardless of the
form of action, for the acts or omissions of other Members or users (including
unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations
of liability may not apply to you.
We do not exclude any liability for death or personal injury due to our gross
negligence.
COPYRIGHT POLICY.
We respect the intellectual property of others, and we ask our Members
to do the same. If you believe that a copy of your work is available on the
Service and/or Site without your consent or that a copyright infringement has
otherwise occurred, please supply us with the following information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Service and/or
Site;
· Your address, telephone number and e-mail address;
· A statement by you that you believe in good faith that the use of the work on
the Service and/or Site is not authorized by the copyright owner or any person
entitled to act on their behalf or by law; and
· An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner or are
authorized to act on their behalf.
Please deliver this information to: ProfessionalSingles.com 13901 Midway Road,
Suite 102, Dallas, Texas 75244.
COMPLAINTS.
To resolve a complaint regarding the Service or the Site, you should contact
ProfessionalSingles.com Customer Support at support@professionalsingles.com.
GENERAL PROVISIONS.
This Agreement with you, set out in these Member Terms and Conditions, is
governed by the laws of the State of Texas without regard to its conflict of
law provisions, and you and we submit to the personal jurisdiction and venue of
the state and federal courts of the State of Texas in the event of any dispute
regarding these Terms or the Service or the Site or any matter related thereto.
This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service, contains the
entire agreement between you and ProfessionalSingles.com regarding the Service
and the Site, including the ProfessionalSingles.com Privacy Policy. In the
event of any conflict between the Privacy Policy and this Agreement, this
Agreement shall control. Unless otherwise explicitly stated, the Terms will
survive termination of your membership to the Service. This agreement shall
terminate immediately and without notice if you breach or violate any of the
Terms, subject to the survival of all rights and reservations of
ProfessionalSingles.com. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
The Member certifies that the Member has read and agrees to be bound by these
Member Terms and Conditions.
Refunds for paid membership are given at the discretion of
ProfessionalSingles.com. Should you have any questions regarding your payment,
please direct them in the first instance to the site administrator (details on
the contact page).
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