TERMS and CONDITIONS OF USE AND DISCLAIMERS: THIS IS A FREE SITE AND YOU WILL NOT BE BILLED FOR YOUR MEMBERSHIP TO THIS SITE. YOU UNDERSTAND AND AGREE THAT IN EXCHANGE FOR PROVIDING YOU WITH LIFETIME FREE MEMBERSHIP TO OUR SITE, YOU ARE AGREEING TO ALLOW US TO PROVIDE YOUR REGISTRATION INFORMATION TO THE THIRD PARTY SITES DISCLOSED TO YOU ON OUR SITE AT THE TIME YOU JOIN. THESE THIRD PARTY SITES WILL THEN, FOR A FEE THEY PAY TO US, ALLOW US TO FACILITATE YOUR FREE TRIAL MEMBERSHIPS WITH THEM BY ASSISTING THEM IN PROVIDING TO YOU NOTIFICATION OF YOUR SUCCESSFUL JOIN AND YOUR LOGIN INFORMATION, AND BY PROVIDING AGE VERIFICATION AND CONSUMER INFORMATION AND PAYMENT INFORMATION TO THEIR SITES. BECOMING A MEMBER TO THIS SITE IS FREE. HOWEVER, YOU MUST PAY FOR ALL CHARGES ASSOCIATED WITH THE PROVISION OF ANY OTHER SERVICES, SUBSCRIPTIONS OR PRODUCTS OBTAINED THROUGH THE SITE, INCLUDING ANY DELIVERY CHARGES, AND BILLED BY A THIRD PARTY SITE, ITS CREDIT CARD PROCESSOR AND ANY CARRIER. IF YOU ACCESS OR OTHERWISE USE THIRD PARTY SITES OR IF YOU HAVE ANY DEALINGS WITH THIRD PARTIES, INCLUDING ADVERTISERS FOUND ON THE SITE, YOU ACKNOWLEDGE THAT YOU DO SO SUBJECT TO ANY TERMS AND CONDITIONS AND ANY PRIVACY POLICIES APPLICABLE TO THOSE SITES AND THAT YOU DO SO AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF LINKED SITES OR FOR THEIR CONTENT, SERVICES, PRODUCTS, ACTIONS OR INACTIONS. ACCEPTANCE OF TERMS This use of this Web site ("Site") and any services ("Services") available through this Site are provided conditional upon your acceptance of the terms and conditions of use set out below (the "Agreement") AND our Privacy Policy. PRIVACY Please review our Privacy Policy, which also governs your visit to the Site. As a function of your membership to this Site, you may be re-directed to other sites, which may provide you with membership services and payment processing services. YOU MUST review the privacy policy of all such sites as they will apply to any personal information that you provide to them, or that you have authorized us to provide to them. CUSTOMER SUPPORT For inquiries or to report any problems you may be experiencing with our Site, please contact our Customer Support line at support@datebook.net at any time. MEMBERSHIP AND "OPT IN" TO CO-REGISTER WITH OTHER SITES You must register on the Site to become a Member by supplying certain registration information ("Registration Information") including without limitation your name, telephone number, mailing address, email address and your current and valid credit card information, which we use for Age Verification purposes. PAYMENT Becoming a Member to this Site is free. However, you must pay for all charges associated with the provision of any other services, subscriptions or products obtained through the Site, including any delivery charges, and billed by a third party site, its credit card processor and any carrier. SITE ACCESS AND USE We grant to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement, and to create a hyperlink to this Site, so long as the link does not portray us, our affiliates or their products or services in a false, misleading or derogatory manner or in any manner that may depreciate our or our affiliate's goodwill. You may not use or reproduce any of our content, including any of our trademarks, as a part of a link to us without our express written consent. CONTENT LINKED TO BY US In addition to the third parties operating the sites to which you agree we will send your Registration Information, we may provide links to sites operated by other third parties. These links do not constitute affiliation, endorsement, sponsorship or recommendation by us of the third parties, the linked site, content, services or products available on or through such third party sites. CHANGES IN TERMS OF USE AND SITE We may change these terms and conditions of use at any time without notice. We may discontinue the Site or Services or any part of the Site or Services at any time without notice. You agree to review these Terms of Use from time to time so that you will be aware of any changes. PROHIBITIONS In addition to any other limitations set out in this Agreement, you may not nor will you allow others to directly or indirectly:
SUBMISSION OF INFORMATION We may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us through this Site. However, we do not guarantee the security of any information including any financial information transmitted to or from this Site. Other than the financial information, you are not permitted to send or transmit any confidential or proprietary information to us through this Site. Except for the financial information referred to above or personal information about you, any information that you send to us through this Site will be deemed non-confidential information to which you have granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it in other works. THIRD PARTY CONTENT This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. We shall have no liability whatsoever for any third party material, data, information or other content. INTELLECTUAL PROPERTY All content on the Site, including all text, graphics, icons, images, audio or video clips and software is our property or the property of our licensors and is subject to copyright. All compilations of content on the Site are our exclusive property and subject to copyright and other intellectual property laws. TRADEMARKS All marks displayed on the Site are trademarks or registered trademarks belonging to us or to our affiliates or licensors. The Site look and feel, layout, graphics, icons and images constitute trademarks or trade dress belonging to us. Our trademarks and trade dress may not be reproduced or used in association with any products or services except as authorized by us. All trademarks not owned by us or our affiliates that appear on the Site are the property of their respective owners. REPRESENTATIONS AND WARRANTIES You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement and our Privacy Policy, that you will comply with all applicable laws and policies affecting the use of the Site or Services, and that you will only use the Site or Services on a computer on which such use is authorized by the computer's owner. TERMINATION We may terminate this Agreement, refuse access to the Site or terminate any Membership at any time without notice, in the event the Site is suspended or terminated for any reason, or in the event the Site's owner ceases to do business, or if ownership or assets are assigned, transferred or sold to another entity or to creditors, or in the event of insolvency or liquidation or bankruptcy proceedings, whether voluntary or otherwise. SPAM We are absolutely against Spam (unsolicited or bulk commercial email) and actively fight to keep our service free of Spam. If you have been spammed by someone who has used our service to link to their website (otherwise known as 'spamvertising') you should know we did not send this Spam to you. Any Spam that does not comply with the Can-Spam Act of 2003 should be reported. We will do everything we can to actively fight Spam email, and we will store and maintain user IP address and email (if we have it) so this data can be handed over to authorities should they request it. If you would like more information on our Spam policy, how we handle complaints or would like to report abuse, click to Contact Us. DISCLAIMER AND LIMITATION OF LIABILITY No representations, conditions, warranties or guarantees are expressed or can be implied regarding the Site or Services, including without limitation any representations, conditions, warranties or guarantees as to description, conditions, fitness for purpose, quality, quantity or merchantability or as to any other matter whatsoever. You expressly waive all such express or implied representations, conditions, warranties and guarantees. Without limiting the generality of the foregoing, we make no representations, conditions, warranties or guarantees about the accuracy, completeness or timeliness of any goods or services delivered by us or by any of the third party sites you may access through our Site, from which you may elect to receive good or services. NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, will be liable for damages of any kind arising out of or from the use of the Site. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches or failure of the essential purpose of this Agreement, or any remedy contained in this Agreement. In no event shall we be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses (including but not limited to business interruption, loss of profits, lost business, or lost savings) even if we have been advised of their possible existence. The allocations of liability in this Agreement represent the agreed and bargained-for understanding of the parties. IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK. We will not be responsible for any unauthorized use of your Membership. INDEMNIFICATION You agree to hold harmless and indemnify us, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an "indemnified party"), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a "claim") which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of this Site or Services or by your use of a third party site or service you linked to from this Site, or by reason of a failure by you to comply with all applicable laws. AMENDMENTS AND WAIVERS No amendment to this Agreement will be valid or binding unless set out in writing by us and posted to the terms and conditions of this Agreement on the Site. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived. ASSIGNMENT You may not assign or transfer this Agreement, any right granted under this Agreement or your Membership to any other person. We may assign all our rights and obligations under this Agreement to another entity at our sole discretion and subject to our rights at Termination. SEVERABILITY If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the country of Canada, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to the Agreement shall be in an appropriate court located in Canada. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding. NOTICE AND COMMUNICATION When you visit the Site or send any e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all demands, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. |