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ELIGIBILITY AND ACCEPTANCE OF TERMS
Welcome to Cupid.com! This page states the Terms of Use forming the agreement
under which you may use Cupid.com. Please read this page carefully. If you do
not accept these Terms of Use, do not use this website and service. By using
this website, you are indicating that you are 18 years of age or older, that
you have the full power and right to enter into this Agreement, and that you
agree with and will abide by the terms of this Agreement.
Cupid.com, Inc. (the "Company") may revise these Terms of Use at any time by
updating this posting without notice to you. Such revisions are effective to
you as a user of this website immediately upon posting. You should visit this
page periodically to review these Terms of Use, because they are binding on
you. The terms "you" and "user" as used in this Agreement refer to all
individuals and/or entities accessing this website for any reason.
USER CONDUCT - WEBSITE
As a user, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things
INTENTIONALLY OR OTHERWISE: post private information in the free text areas of
your profile or email correspondence which are publicly viewable by users, such
as, but not limited to the following areas of Cupid.com: "About Me," "I'm
Looking For," "The most important thing in my life is" and "How I Spend My Free
Time;" use your real name or a variation of your name as your Online Name; post
material that is copyrighted, unless you are the copyright owner or have the
permission of the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner to do so; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is considered
by the Company, in its sole judgment, to be obscene, indecent, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another user or
any other person or entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business; post chain letters, multi-level
marketing programs or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy,
timeliness or reliability of communications posted by users and does not
endorse any opinions which may be expressed by any user. You understand and
agree that any reliance on material posted by other users will be at your own
risk.
The Company does not regularly review the website and assumes no obligation to
do so, nor does it have the ability to screen postings or other communications
in advance. You acknowledge and agree that the Company is not responsible or
obligated to screen or monitor material posted by users, and will not be liable
or responsible to any user for performance or nonperformance of such
activities. If notified by a user of any communication which allegedly does not
conform to this Agreement, the Company may in its discretion investigate the
allegation and may thereafter determine in its sole discretion whether to
remove or request the removal of the communication. You acknowledge and agree
that the Company reserves the right to expel users and prevent their further
access to the website for violating this agreement or any applicable law, and
may remove communications which are considered to be, in the Company's sole
judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous,
disruptive, hateful, infringing, or racially, ethnically or otherwise
objectionable.
By submitting content to any public area of the website (which includes, but is
not limited to, your profile, message boards, forums, contests and chat rooms),
your content will be considered "Public Information" and will not be subject to
the privacy protections afforded your Private Information, as defined in this
Agreement. You also grant the Company, its affiliates, successors and assigns,
the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform or display such content (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology now known or
later developed, for so long as any rights exist in such content. You also
warrant that the holder of any rights, including moral rights, in such content,
has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license set forth in this
Agreement. You also permit any user to access, display, view, store and
reproduce such content for the user's personal use. Subject to all of the
foregoing, the owner of such content placed on the website retains any and all
rights that may exist in such content.
USER CONDUCT - CUPID.COM/PREDATINGTM
As a registered user or participant in a Cupid.com/PredatingTM
or any other Cupid.com event, you are responsible for your own communications
and are responsible for the consequences of your conduct. Cupid.com reserves
the right, in its sole discretion, to restrict registration to future events if
we, or our sponsors, receive reports of inappropriate conduct by anyone
attending the events and the events of our sponsors. Individuals must not
engage in any conduct that may be inappropriate or which may be perceived as
inappropriate by others.
Cupid.com/PredatingTM offers singles a place
to meet in a comfortable setting but is not a matchmaking service or event and
does not, in any way, guarantee the type of people who will attend the events.
Participants and registrants understand that Cupid.com/PredatingTM
does not perform background checks and does not screen or verify marital status
or personal information of event participants. By registering, you agree that
the Company and its sponsors are not responsible for damages that may occur
during or after an event or at future meetings between individuals who meet at
an event. By registering or attending a Cupid.com/PredatingTM
or any other Cupid.com event, you agree to indemnify and hold harmless
Cupid.com, its sponsors, affiliates, subsidiaries, officers, employees, event
locations, agents and other partners from any claim or liability.
Cupid.com/PredatingTM events are produced,
coordinated and sponsored by other companies. You hereby understand and
acknowledge that by registering to participate in a PredatingTM
event, in order to conduct the event, your first and last name will be shared
with the company responsible for producing, coordinating and sponsoring the
event.
Cupid.com/PredatingTM events may be
photographed. By attending and participating in a Cupid.com/PredatingTM
event, you agree to the taking of your photograph and further acknowledge and
agree to the possible future use of your photograph on this website or in other
promotional materials for the website or future events.
ACCOUNT REGISTRATION AND PASSWORD
You agree and acknowledge that you are responsible for maintaining the
confidentiality of your Information, as defined in this Agreement, and password
created upon registration on the website. You will be fully responsible for all
uses of your registration and for any activity that occurs under your password
or account, whether or not authorized by you. You agree to immediately notify
the Company of any unauthorized use of your registration or password. The
Company will investigate possible violations, and take whatever action, in its
sole judgment, it deems appropriate.
ACCOUNT CANCELLATION
Your profile and free or paid subscription will remain active until you choose
to cancel your account through our help wizard.
Choose "cancellation questions" and you will be directed to sign into your
account using the email address and the password you established when you
created your account. You may also send us an email
for assistance.
If you cancel your subscriber service term through our help
wizard, or through customer service, you may use your subscription
until the end of your term or choose to deactivate your account immediately.
Subscribers are not eligible for a refund, or any prorated refund of any
portion of subscription fees, for unused time. Once you cancel and upon
expiration, your subscription will not be renewed.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this website, including all text, graphics, images and other
material ("Material"), are protected by copyright under common law, by the laws
of the United States and by foreign laws. Unauthorized use of the Material may
violate copyright, trademark, and other laws.
You agree and acknowledge that the Company authorizes you to view and download
a single copy of the Material on the website solely for your personal,
noncommercial use, provided that you shall not, nor will you allow any third
party whether or not for your benefit to, copy or adapt the object code of the
website's software, HTML, JavaScript, or otherwise, or reverse engineer,
reverse assemble or otherwise attempt to discover any source code that the
Company creates to generate its pages on the website. You acknowledge and agree
that downloading of any object code or software by website users in restricted
countries is prohibited.
You acknowledge and agree to retain all copyright and other proprietary notices
contained in the original Material on any copy you may make of the Material.
You acknowledge and agree that you will not sell, lease, exchange, or modify
the Material or reproduce, create derivative works, display, publicly perform,
distribute, retransmit or otherwise use the Material in any way for any public
or commercial purpose. The use of the Material on any other website or in a
networked computer environment for any purpose is prohibited.
Without the prior written permission of Cupid.com, Inc., you agree not to
display, or to use in any manner, the Company's trademarks, including without
limitation, Cupid.com.
Notwithstanding any statement to the contrary in this agreement, you will not
use or attempt to use, and shall cause each other party under your control not
to use or attempt to use, any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, avatars or
intelligent agents) to navigate or search the web site other than (a) the
search engine and search agents available from Cupid.com on the website and (b)
generally available third party web browsers (e.g., Netscape Navigator or
Microsoft Explorer) or (c) a robot indexing the site for the purpose of adding
content to a public search engine, as allowed by the robots.txt.
PRIVACY POLICY
When you register on the website as a user, you will be asked to provide the
Company with certain accurate and complete personal identifiable information
including, without limitation, a valid email address (your "Information"). This
Information is subject to our privacy policy, which is incorporated by
reference into this Agreement. For more information, see our full
privacy policy statement.You agree that the Company may save and
archive any content of any nature posted to the website, and that the Company
may, without liability to any user, disclose such content if required to do so
by law or to comply with legal processes; to respond to claims that any of the
content violates the property, privacy, publicity or other rights of others; to
protect the rights, property or safety of the Company, its employees, users and
members of the public; or in assisting a criminal investigation by law
enforcement officials.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
The Company reserves the right at any time to modify or discontinue the service
(or any part thereof) offered on the website, on a temporary or permanent
basis, with or without notice. You acknowledge and agree that the Company will
not be liable to you or to any third party for any such modification,
suspension or discontinuance of the service offered by the website. Adjustments
or refunds in any subscriber fees or charges will be made as deemed appropriate
by the Company in good faith.
SECURITY
The Database is only to be accessed by Members of the website. A Member is
defined as one unique user with one unique password. If you are found to share
passwords with any user, we will terminate your account immediately without
notice and no refunds of any subscription fees or charges paid to date will be
provided. Violations of system or network security, including those set forth
below in Specific Prohibited Uses, may result in civil or criminal liability.
The Company will investigate possible violations of system or network security
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. The Company will also terminate the
membership of any person that the Company believes, in its sole judgment, to
have violated its security provisions.
SPECIFIC PROHIBITED USES
Adults (18 years and older) seeking to meet each other online may use the
website only for lawful purposes. The Company specifically prohibits any of the
following uses of the website, and you agree not to use the website for any of
such purposes:
1. Posting any incomplete, false, fraudulent or inaccurate biographical
information or general information, which is not your own information, or
impersonating any other person.
2. Posting a profile for anything other than to meet other individuals online.
3. Sending a message to a user for any reason other than to meet online.
4. Deleting or revising any content or material posted by any other person or
entity.
5. Accessing data not intended for such user or logging into a server or
account which the user is not authorized to access.
6. Attempting to probe, scan or test the vulnerability of the system or network
or to breach the security or authentication measures of the website without
proper authorization.
7. Attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the website,
overloading, "flooding", "spamming", "mailbombing" or "crashing" the web site
or the server of any user.
8. Sending unsolicited messages, including promotions and/or advertising of
products or services.
9. Posting chain letters, multi-level marketing programs or pyramid schemes.
10. Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting for any reason.
11. Posting any obscene, indecent, defamatory, threatening, harassing,
tortious, abusive, hateful content, or any content that is embarrassing to
another user or any other person or entity.
12. Posting any sexually-explicit image or statement.
THE COMPANY'S LIABILITY
The Material may contain technical inaccuracies, typographical errors, and out
of date information, including users that may not remain active. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the website or the Material, and the Company makes no warranty
that the website will meet your requirements. You acknowledge and agree that
the use of the website and the Material is at your own risk. The Company
reserves the right to make changes to the website at any time.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any content or other material placed by you on the website.
DISCLAIMERS
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. YOUR USE OF THE WEBSITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND
OWN RISK. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEBSITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, VIDEO, GRAPHICS, LINKS AND OTHER DATA. IN NO EVENT SHALL THE
COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF
THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE LIABILITY
FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OR INABILITY TO USE
OF ANY OF THE MATERIALS IS LIMITED TO $1.
LINKS TO OTHER WEBSITES
The website contains links to third party websites and other resources. You
acknowledge and agree that these links are provided solely as a convenience to
you and not as an endorsement by the Company of the content, advertising or
business practices (including the privacy policies) of such third-party
websites. The Company does not make any representations regarding the content,
truthfulness or accuracy of any content or materials on such third-party
websites. You also acknowledge and agree that the Company will not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with your use of or reliance on the
content, advertising or business practices of linked third-party sites. If you
decide to access and use linked third-party websites, you agree that you do so
at your own risk.
TERMINATION
The Company reserves the right, at its sole discretion, to terminate your
registration at any time, delete any or all of your postings, or block access
to the website and/or any other service provided to you by the Company. The
Company reserves the right to take such actions, with or without notice, and
without any liability to the account holder or user.
INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its sponsors,
affiliates, successors and assigns, and their respective officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Material or your breach of the terms of this
agreement. The Company will attempt to provide notice to you promptly of any
such claim, suit, or proceeding.
GENERAL INFORMATION
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not be
legal by certain persons or in certain countries. If you access the website
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of the State of New York, without
respect to its conflict of laws provisions. Jurisdiction for any claims arising
under this Agreement shall lie exclusively with the state or federal courts
within New York. If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in a particular "Legal Notice," or Software
License or material on particular web pages, this Agreement constitutes the
entire agreement between you and the Company with respect to the use of
website. No changes to these Terms of Use shall be made except by a revised
posting on this page, and no advice or other information provided by the
Company or its representatives to any user in any manner which is not posted on
this page will constitute any amendment of or change to this Agreement.
The section titles in these Terms of Use are for convenience only and do not
have any legal or contractual effect.
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