 |
| Privacy policy |
 |
|
 |
Terms and Conditions of Service
This online dating service is a way for adults to meet each other (the *Service*).
The Service is provided by Love Birds, Inc. whose principal office is located at 11399 Lakeview Dr., Coral springs,
FL 33071 (*lovebirds, inc.).
This legal agreement is made between You and Us (*Agreement*). This Agreement applies to all Our sites that are
offering the Service including lovebirds.org, chabbiedate.org, datewith.us, jewishdate.org. Please read the Agreement
carefully before registering for the Service. By registering for the Service, you become a lovebirds.org 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, PLEASE DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT ANY TIME, EFFECTIVE UPON
NOTICE TO YOU.
In these conditions the following words have the following meanings unless the context requires otherwise:
*Agreement* means the agreement between You and Us incorporating these terms and conditions for the provision of the
Service; *We, Us, Our* means lovebirds.org *You, Your, Yourself* means the person whose application for membership of
the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least
18 years old. By using this Web site, 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 communicate
with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that
are set out in Our price list. This price list is part of this Agreement. We may 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 reserve the right to terminate
this Agreement and Your use of the Service and we shall not refund You unused subscription fees.
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, for any reason by following the instructions on the Member Services,
or upon receipt by Us of Your written or email notice of termination. Either You or Us may terminate your membership by
removing your profile at any time, for any reason, without explanation, effective upon sending written notice to the
other party. Upon such termination by Us, We shall refund, pro rata, any unused portion of any subscription payments
that have been received from You, provided that in the event that We determine in our sole discretion that there has
been any breach of this Agreement by You, We shall not be liable to You for any refund of any unused portion of any
subscription payments and may continue to bar Your use of the Service in the future. Even after membership is terminated,
this Agreement will remain in effect.
PROPRIETARY RIGHTS: You warrant and represent to Us that the information posted in Your profile is posted by You and
that You are the sole author of your profile. You assign to Us with full title guarantee all copyright in Your profile.
You waive absolutely any and all moral right to be identified as author of Your profile and any similar rights in any
jurisdiction. 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 permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information. By posting information or content to any of Our public area, You automatically grant,
and you represent and warrant that You have the right to grant, to Us 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.
YOUR USE OF THE SERVICE: As a Member, You agree that:
1) 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
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 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, URL's or E-mail addresses other than where asked for it in the
Confidential Personal Information section. You will not include in Your profile any 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 these prohibitions and we shall not refund You unused subscription fees. 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 E-mail to other Members. For protection of members against such conduct,
We imposed a 30 message-per-day limit on subscribers. You are solely responsible for Your interactions with other
Members. We reserve the right, but We have no obligation, to monitor and/or mediate disputes between You and other
Members.
2) E-mail communications sent from Us or through Us are designed to make your online dating experience exciting.
By becoming a member You specifically agree to accept and consent to receiving e-mail communications initiated from
Us or through Us these include: message notification e-mails, *Your Match* e-mails, e-mails informing you about events
and parties We organize, e-mails informing You of promotions We run and emails informing You of new and existing
features We provide. Should You not wish to receive any of our e-mail communications please do not register with Us
for the Service or terminate your Membership with Us.
3) 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 or delete your
account for being *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. The amount of time that We currently considers as a *particular*
period of time is 90 days. Therefore, You must login to the Service at least once every 90 days from the date Your
Membership has been activated or Your profile will be purged from the Service.
4) Our customer service Employees are here to make your online experience much more pleasing by providing assistance
and guidance to You. When speaking to Our customer service Employees on the phone, or communicating with them by any
other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing
or racially offensive. Should any of Our customer service Employees feel, at any given point, threatened or offended
by Your conduct, we reserve the right to immediately terminate your membership and You shall not be entitled to any
refund of unused subscription fees.
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 or whose conduct is unlawful or illegal.
The following is a partial list of the type of actions that are illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not *stalk* or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us, without Our specific prior written
consent.
4) 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 Service or its contents.
5) 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.
6) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the
Services or the site.
8) 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.
9) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information
transmitted through the Service.
10) You will not *frame* or *mirror* any part of the Service, without Our prior written authorization.
You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the
site in order to direct any person to any other web site for any purpose.
11) 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 others to do so.
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 and expenses (including reasonable attorneys' fees)
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.
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 NEITHER WE
ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'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 OPINION 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 E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER
MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED
BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in the Service shall be owned by Us absolutely these
include and are not limited to database rights, copyright, design rights (whether registered or unregistered),
trade marks (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 this website are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on
computers. 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. If you are located outside of the United States, please note that
the information that you provide is being sent to the United States. By becoming a member of the Service, you consent
to your data being sent to the United States and to such other third parties as may be involved in the provision and
operation of the Service. You may read a full description of our Privacy Policy.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN *AS IS* BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED,
STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. We do not warrant that Your use of the Service will be secure, uninterrupted, always available,
or error-free, or 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.
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 on the Service and that you may be involuntarily
exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal
information about You due to Your use of the Service, and that the recipient may use such information to harass or
injure You. 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, or *hackers*) of the Service.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU 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, OR TO ANY PERSON
OTHER THAN YOU. 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 MEMBERSHIP.
WE DO NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY
DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE,
OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY
AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our Customer Service department
by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Florida without regard to its conflict
of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of
Florida, City of Ft. Lauderdale. 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.
You certify that You read and that You agree to be bound by the terms and conditions in this Agreement.
|
|
|
|
|
|
|
|
