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Terms of Service- AGREEMENT
Welcome to Cupid California, the online dating service for singles operated by Cupidsys, Inc. ("Cupidcalifornia.com"). By using the Cupidcalifornia.com website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the Cupidcalifornia.com service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Registration process.
This agreement sets out the legally binding terms of your use of the Website, and your membership in the Service and may be modified by Cupidcalifornia.com from time to time, such modifications to be effective upon posting of such modifications by Cupidcalifornia.com on the Website. This Agreement includes, by reference herein, Cupidcalifornia.com's Privacy Policy, Profile Policy, Terms of Sale, and any notices regarding the Website. You may also receive a copy of this Agreement by writing us at: Cupidsys, Inc. PO Box 25093, Colorado Springs, CO 80936.
- ELIGIBILITY
You must be eighteen or over to register as a member of Cupidcalifornia.com or use the Website. Membership in the Service is void where prohibited. By using the Website, 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.
- TERM
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by clicking Membership -> Terminate -> Confirm, or upon request to: service@cupidsys.com. You may also terminate your membership by writing us at: Cupidsys, Inc. PO Box 25093, Colorado Springs, CO 80936. Cupidcalifornia.com may terminate your membership for any reason, effective 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 Cupidcalifornia.com. If Cupidcalifornia.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.
- NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting 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 Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- PROPRIETARY RIGHTS
Cupidcalifornia.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Cupidcalifornia.com. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- CONTENT POSTED ON WEBSITE
You understand and agree that Cupidcalifornia.com may review and delete any content, messages, photos, or profiles (collectively, "Content") that in the sole judgment of Cupidcalifornia.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
By posting Content to any public area of Cupidcalifornia.com, you automatically grant, and you represent and warrant that you have the right to grant, to Cupidcalifornia.com 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 sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Cupidcalifornia.com reserves the right to 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 Service and terminating the membership of such violators. It includes Content that:
a) 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.
b) Harasses or advocates harassment of another person.
c) Involves the transmission of junk mail, chain letters, or unsolicited mass mailing (spamming).
d) Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
e) Contains restricted or password only access pages, or hidden pages or images.
f) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
g) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
h) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
i) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Cupidcalifornia.com cannot monitor the conduct of its Members off the Website, 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. In order to protect our Members from such advertising or solicitation, Cupidcalifornia.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24 hour period to a number which Cupidcalifornia.com deems appropriate in its sole discretion.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
- PRIVACY POLICY, PROFILE POLICY, AND TERMS OF SALE
Use of the Website and/or the Service is also governed by our Privacy Policy, Profile Policy, and Terms of Sale.
- COPYRIGHT POLICY
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.
- MEMBER DISPUTES
You are solely responsible for your interactions with other Cupidcalifornia.com Members. Cupidsys, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
- DISCLAIMERS
Cupidcalifornia.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Cupidcalifornia.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Cupidcalifornia.com 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 or Member communications. Cupidcalifornia.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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 Web and/or in connection with the Service. Under no circumstances will Cupidcalifornia.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Cupidcalifornia.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cupidcalifornia.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Cupidcalifornia.com 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 Web site or the Service, even if Cupidcalifornia.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Cupidcalifornia.coms 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 Cupidcalifornia.com for the Service during the term of membership.
- DISPUTES
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Colorado 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 Colorado, County of El Paso, City of Colorado Springs.
- INDEMNITY
You agree to indemnify and hold Cupidcalifornia.com, its 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 this Agreement and/or any breach of your representations and warranties set forth above.
- OTHER
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Cupidcalifornia.com regarding the use of the Website 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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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