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Desktopdating Terms of Service
Welcome to Desktopdating, a unique online community that connects people
through a specialized network of friends for dating purposes or just for
making new friends.
Desktopdating service is operated by Desktopdating, Inc. ("Desktopdating").
As a member or non-member using the Desktopdating web site (the "Web site")
you agree to be bound by the following Terms of Service (this "Agreement").
Read these Terms of Services carefully and indicate your acceptance of them
if you wish to register as a member to use Desktopdating services to
communicate with other members on the Web Site. Do this by following the
required instructions on the signup page.
This written Agreement sets out the legally binding terms of your membership
in the Service and use of Desktopdating Web site; Your membership may be
modified by Desktopdating management staff at any point in time without
prior notice and will take effect upon posting on Desktopdating's Web Site.
Desktopdating's acceptable use policy for the content posted on the website,
Desktopdating's Privacy Policy and notices regarding Desktopdating is
included in this agreement.
1. Eligibility. In order to register as a Desktopdating's member you need to
eighteen or over. Any membership in the Service is automatically void where
prohibited. As a member and in use of the Web site's services, you represent
and warrant that you have the right, capacity and authority to enter into
this particular agreement and will abide by all of the terms and conditions
of this Agreement.
2. Terms. While using the Web site services and/or are a Member; this
Agreement will remain in full force and effect. You are free to terminate
your membership at any time you wish, for any reason by following the
instructions stated on the Cancel Account page in "Account Settings".
Desktopdating reserves the right to terminate your membership at any time,
for any reason. Your membership will be terminated by Desktopdating because
you have breached the Agreement. This agreement will still remain in full
effect even after your membership has been terminated.
3. Communication: We reserve the right to send electronic mail to you, for
the purpose of informing you of changes or additions to the Service, or of
any Desktopdating related products and services. We reserve the right to
disclose information about your usage of the Service and demographics in
forms that do not reveal your personal identity.
4. Non-Commercial Use by Members. All Organizations, companies, and/or
businesses alike may not become Members and should not use the Desktopdating
Service or the Web site for any purpose. Desktopdating Web Site service is
meant for personal use of the individual Members only; and may not be used
in connection with any commercial activities or endeavors. The following
include Illegal and/or unauthorized uses of the Web site: Collection of
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized framing of or
linking to the Web site will be investigated thoroughly, and the appropriate
legal action will be taken, including without limitation, criminal, civil
and injunctive redress.
5. Full Proprietary Rights in Content on Desktopdating. Except for that
information which is in the public domain or for which you have been given a
written permission, you do not have the right to copy, publish, modify,
transmit, perform, display, distribute or sell any other proprietary
information. Desktopdating owns and retains all proprietary rights in the
Desktopdating Web Site and its Service. The Web Site contains the
copyrighted material, trademarks, and other proprietary information of
Desktopdating, and its licensors.
6. Content Posted on the Site.
a. As a registered member on Desktopdating Web Site, your profile must
describe you (an individual person). Examples of in-appropriate profiles
include the following (But are not limited to): Profiles that purport to
represent an animal, inanimate, place, object, a real individual who is not
you or any fictional character.
b. You understand and agree that Desktopdating reserves the right to
review/edit delete any content, photos, messages or profiles (collectively,
"Content") that in Desktopdating sole judgment violate this Agreement or
which might be illegal, offensive, or that might violate the rights,
threaten the safety of other members, or harm them in anyway.
c. As a member posting Content to any public section of Desktopdating, You
automatically grant, and you warrant and represent that you have the right
to grant, to Desktopdating a perpetual, irrevocable, non-exclusive, fully
paid, worldwide license to copy, perform, use, display and distribute such
information and content and to incorporate into other works of, or prepare
derivative works of such information and content, and to grant and authorize
sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish
(hereinafter, "post") on the Service Web Site, or transmit to other
Desktopdating Members.
e. solicits people you don't know to add you and/or accept you as a
Desktopdating member friend. Even though all of the above is strictly
prohibited on Desktopdating, there is still a small chance that you may
become exposed to such items and you further waive your personal right to
any damages (from any party) related to any such exposure.
f. You agree to use the Service in a manner consistent with any and all
applicable laws and regulations.
g. The following below is a partial list of the kind of Content that is
considered illegal or prohibited on the Desktopdating Web Site.
Desktopdating reserves the right to investigate fully and take any
appropriate legal action in its sole discretion against anyone who violates
this provision; including without limitation, removal of the offending
communication from the Service and automatically terminating the membership
of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that
promotes bigotry, racism, hatred or physical harm of any kind against any
group or individual;
• promotes information that you are aware is false, promotes illegal
activities or misleading or conduct that is threatening, abusive, obscene,
libelous or defamatory;
• involves the transmission of "chain letters," "junk mail", or unsolicited
mass mailing or "spamming";
• advocates harassment or harasses another person;
• promotes any illegal or unauthorized copy of someone else'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 password only access pages or restricted pages, or hidden pages
or images (those not linked to or from other accessible page);
• displays any form of pornographic or sexually explicit material of any
kind;
• provides material that exploits persons under the age of eighteen in a
violent or sexual manner, or solicits the personal information from anyone
under eighteen;
• provides instructional information about any illegal activities such as
buying or making illegal weapons, providing or creating any computer viruses
or violating a person's privacy.
• engages in commercial activities and/or sales without any prior written
consent from us; such as: sweepstakes, contests, sweepstakes, advertising,
barter and pyramid schemes;
• solicits personal identifying information for commercial or unlawful
purposes from other users or passwords;
h. You may not transmit any form of chain letters or junk email to other
Members. You may not engage in advertising to, or solicitation of, other
Members to buy or sell any of your or others products or services through
the Desktopdating Service. Although Desktopdating cannot monitor the conduct
of its Members off the Desktopdating Web site, it is still considered a
violation of these rules to use any information obtained from the
Desktopdating Service in order to abuse, harass, or harm another person, or
in order to advertise to, contact, solicit, or sell to any of the
Desktopdating Members without their prior explicit consent. In order to
protect our Members from such solicitation or advertising, Desktopdating
reserves the right to restrict the number of emails, which any Member may
send to other Members in any twenty four hour period to a number, which
Desktopdating deems appropriate in its sole discretion.
i. No telephone members, last names, street addresses, emails, URL's may be
included in your Member profile.
7. Member Disputes. Interaction between Desktopdating members is your sole
responsibility. Desktopdating, Inc. reserves the right, but has no
obligation, to monitor disputes between you and any other Members.
8. Privacy. Our Privacy Policy also governs the use of the Desktopdating Web
site and/or its Services.
9. Disclaimers. Desktopdating is not responsible for any inaccurate or
incorrect Content posted on the Web site or in connection with the Service;
whether caused by users of the members or users of the Web site, or by any
of the equipment or programming utilized or is associated in the Service.
Desktopdating assumes no responsibility for any interruption, omission,
error, delay in operation, deletion, defect, communications line failure,
destruction, theft or unauthorized access to, or alteration of any user or
Members communications. Desktopdating is not responsible for the conduct,
whether online or offline, of any user of the Desktopdating Web site or
Member of the Service. The Web site and the Service are provided "AS-IS" and
Desktopdating expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Desktopdating is not responsible for any
technical malfunctions or problems of any telephone network or lines,
computer online systems, computer equipment, servers or providers, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any web site or combination thereof,
including damage or injury to users and/or Desktopdating Members or to
anyone's computer related to or resulting from downloading material or
participating in connection with the Web and/or in connection with the
Desktopdating Service. Under no circumstances will Desktopdating be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Desktopdating Web site or the Service,
any Content posted on the Web site or transmitted to Members, or any
interactions between users of the Web site, whether online or offline.
Desktopdating cannot guarantee and does not promise any specific results
from use of the Web site and/or the Service. The service may not be
available temporarily from time to time for maintenance purposes or other
reasons. No advice or information, whether written or oral, obtained by
Desktopdating users or through or from the service itself shall create any
warranty not expressly stated herein.
10. Copyright Policy. You may not post, reproduce, or distribute in any way
any copyrighted material, trademarks, or other proprietary information of
Desktopdating without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with
the following information: 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 Desktopdating Web site; 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.
11. Limitation on Liability. Except in jurisdictions where such provisions
are restricted, in no event will Desktopdating be liable to you or any third
person for any exemplary, indirect, consequential, incidental, special or
punitive damages, including also any lost profits arising from your use of
the Desktopdating Web site or the Services, even if Desktopdating has been
advised of the possibility of such form of damages. Notwithstanding anything
to the contrary contained herein, Desktopdating's liability to you for
whatsoever cause, and regardless of the form of the action, will at all
times be limited to the amount that is paid, if any, by you as a member to
Desktopdating for the Service during the term of the membership.
12. Indemnity. You agree to hold and indemnify Desktopdating, affiliates,
its subsidiaries, agents, officers, and other partners and employees,
harmless from any loss, claim, liability, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use
of the Desktopdating Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations
and warranties set forth above. If You are a California resident, You waive
California Civil Code Section 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."
13. No Agency. There is no partnership, employee-employer, agency,
franchisor-franchisee or joint venture, relationship between Desktopdating
and any User of the Desktopdating Service.
14. Other. This Agreement, accepted upon use of the Desktopdating Web site
and further affirmed by becoming a registered Member of the Service,
contains the entire agreement between you and Desktopdating regarding the
use of the Web site and/or the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full
force and effect. Failure of Desktopdating to enforce or exercise any right
or provision of these stated Terms of Service shall not constitute a waiver
of such right or provision. The section titles in these Terms of Service are
for convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
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