ParadiseFoundDating.com Terms of Use Agreement
ParadiseFoundDating.com
Terms of Use Agreement
ParadiseFoundDating.com,
is owned by CompXpress, Inc. (ParadiseFoundDating.com and
CompXpress, Inc.
are referred to collectively hereinafter as,
"ParadiseFoundDating.com"). By using the ParadiseFoundDating.com
Website, (hereinafter, "Website") you agree to be bound by these
Terms of Use (hereinafter, "Agreement"), whether or not you register
as a member of ParadiseFoundDating.com (hereinafter, "Member") or use
the ParadiseFoundDating.com service (hereinafter
"Service"). If you object to
anything in this Agreement or the ParadiseFoundDating.com Privacy
Policy, do
not use the Website or the Service.
1.
Acceptance of Terms of Use Agreement.
a.
Agreement. This Agreement is a contract that sets out the legally
binding terms
of your use of the Website and your membership in the Service. This
Agreement
includes ParadiseFoundDating.com Privacy Policy. By accessing the
Website or
becoming a Member, you accept this Agreement and agree to the terms,
conditions
and notices contained or referenced herein.
b.
Agreement Modifications. This Agreement may be modified by
ParadiseFoundDating.com from time to time, such modifications to be
effective
upon posting by ParadiseFoundDating.com on the Website. Your use of the
Website
and/or the Service after such posting will constitute acceptance by you
of such
modifications. ParadiseFoundDating.com reserves the right at any time
in its
sole discretion, to notify Members by email of such posting.
2.
Eligibility. You must be at least eighteen (18) years of age and single
or
separated from your spouse to register as a member of
ParadiseFoundDating.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.
3.
Non-commercial Use. The Website and Service is for the personal use of
individual Members only and shall not be used for any commercial
purpose.
Companies, Businesses and/or Organizations are not permitted to become
Members
and shall not use the Website or Service for any purpose. Use of the
Website or
Service is by permission of ParadiseFoundDating.com, which may be
revoked at
any time, for any reason, in ParadiseFoundDating.com’s sole
discretion.
4.
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 sending written notice of termination by email
to: support
at ParadiseFoundDating.com replacing “at” with @ in
the email address.
ParadiseFoundDating.com
may terminate your membership by sending notice to you at the email
address you
provide in your membership application or other email address that you
may
provide later. ParadiseFoundDating.com is not required to provide you
notice
prior to terminating your membership. This Agreement will remain in
effect even
after your membership has been terminated. All terms that by their
nature may
survive termination of this Agreement shall be deemed to survive such
termination.
5.
Member Account Security. You are responsible for the confidentiality of
the
username and password for your account. You are responsible for all
activities
and use of the Service under your account. In the event of unauthorized
use of
your username or password or any other breach of security, you agree to
immediately notify ParadiseFoundDating.com. ParadiseFoundDating.com
will not be
liable for any loss or damage arising from your failure to maintain
your
account security.
6.
Website and Service Modifications. ParadiseFoundDating.com reserves the
right
to modify, suspend or discontinue, temporarily or permanently, the
Website or
the Service or any part thereof, at any time with or without notice.
You agree
that ParadiseFoundDating.com shall not be liable to you or to any third
party
for any modification, suspension or discontinuance of the Website or
the
Service or any part thereof. ParadiseFoundDating.com reserves the right
at any
time in its sole discretion, to notify Members by email of such
modifications
to the Website or the Service or any part thereof.
7.
Interaction of Members. In all interactions with other Members of the
Service, you
understand and you agree that you are solely responsible and that you
will take
reasonable precautions, especially if you decide to meet offline or in
person.
ParadiseFoundDating.com makes no representations or warranties as to
the
compatibility of present or future Members or to their conduct. In no
event
shall ParadiseFoundDating.com be liable for any damages whatsoever,
whether
direct, indirect, compensatory, consequential, general, special, and/or
incidental, relating to or arising out of your conduct or anyone else
in
connection with the use of the Website and/or the Service, including
without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from meetings or communications with other Members of the
Service or
persons you meet through the Website and/or the Service.
ParadiseFoundDating.com makes no guarantees, express or implied,
regarding your
compatibility with individuals you meet through the Website and/or the
Service.
8.
ParadiseFoundDating.com Content.
(a)
All proprietary rights in the Website and the Service are owned and
retained by
ParadiseFoundDating.com. The Website contains the copyrighted material,
trademarks, and other proprietary information of
ParadiseFoundDating.com, and
its licensors. Except for that information which is in the public
domain you
shall not copy, modify, publish, distribute, perform, display,
transmit, or
sell any proprietary information, unless you have been given written
permission
by ParadiseFoundDating.com.
(b)
Statements, advice, opinions, offers or other information or content
made
available on the Website or through the Service, but not directly by
ParadiseFoundDating.com, are those of their respective authors, and the
authors
are solely responsible for such content, and such content may not be
accurate
or reliable. ParadiseFoundDating.com does not accept responsibility for
the
accuracy or reliability of, and does not endorse or adopt, any advice,
opinion
or statement made by any party that appears on the Website.
ParadiseFoundDating.com
does not guarantee the usefulness expressed or implied, or the accuracy
or
completeness of any information or content on the Website or Service.
Under no
circumstances will ParadiseFoundDating.com or its affiliates be
responsible for
any damage or loss resulting from your reliance on information or other
content
transmitted by or to any Members or posted on the Website.
9.
Your Posted Content on ParadiseFoundDating.com.
a.
You agree that you are solely responsible for the Content that you
publish or
display (hereinafter, "post") on the Service, or transmit to other
Members. You will not transmit to other Members or post on the Service,
any
information or material that is abusive, defamatory, false, inaccurate,
harassing, inaccurate, misleading, obscene, offensive, profane,
sexually
oriented, threatening, unlawful, illegal, 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).
b.
You understand and agree that ParadiseFoundDating.com reserves the
right at any
time in its sole discretion, to review and delete any information,
content,
messages, emails, photographs or profiles (referred to collectively
hereinafter
as, "Content"), in whole or in part, that violate this Agreement or
which might be offensive or violate the rights of Members or be
unlawful or
illegal.
c.
By the act of posting Content to any public area of
ParadiseFoundDating.com, you
automatically grant, you represent and warrant that you have the right
to
grant, to ParadiseFoundDating.com, its affiliates, licensees and
successors, an
irrevocable, non-exclusive, perpetual, fully paid, worldwide license to
use,
copy, modify, perform, adapt, display, reproduce and distribute such
information
and content and to prepare derivative works thereof, or incorporate
into other
works, such information and content, and to grant and authorize
sublicenses of
the foregoing. You further represent and warrant that public posting
and use of
your content by ParadiseFoundDating.com will not infringe or violate
the rights
of any third party.
d.
You agree that your use of the Website and the Service shall be in
compliance
with any and all applicable laws and regulations, including but not
limited to
the Content you post on the Service.
e.
You agree that you will not provide any last names, telephone numbers,
street
addresses, email addresses or URLs in your Member profile.
f.
You agree that you will not engage in commercial activities including
but not
limited to solicitation of or advertising to other Members to buy or
sell
products or services, through the Service.
g.
You agree that all information you include in your Member profile will
be
accurate, complete and current.
h.
ParadiseFoundDating.com reserves the right to investigate and terminate
your
membership if you used the Service for unlawful or illegal activity.
10.
Privacy Policy. The ParadiseFoundDating.com Privacy Policy also governs
use of
the Website and/or the Service.
11.
Copyright Policy. You shall obtain written consent of the owner of any
copyrighted material, trademarks, or other proprietary information,
prior to
post, distribute, or reproduce in any way such proprietary information
on the
Website or through the Service. If you believe that your work has been
copied
and posted on the Website or the Service in a way that constitutes
copyright
infringement, please provide notice to ParadiseFoundDating.com with the
following information regarding the copyrighted work that you claim has
been
infringed: a description of the copyrighted work; a description of
where the
copyrighted work is located on the Website; a signature of the person
authorized to act on behalf of the owner of the copyright interest;
your
telephone number, your street address, and your email address; a
written
statement by you that you believe that the disputed use is not
authorized by
the copyright owner, its agent, or the law; a signed 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. Please email notice of claims of copyright infringement
to:
support
at ParadiseFoundDating.com replacing “at” with @ in
the email address.
12.
IP Address Blocking. ParadiseFoundDating.com reserves the right at any
time in
its sole discretion, in order to maintain the quality and/or the
integrity of
the Website or the Service, to block users and Members from access to
the
Website from specific IP addresses.
13.
Links. The Service may provide, or third parties may provide, links to
other
Internet Web sites or resources. You acknowledge and agree that
ParadiseFoundDating.com has no control over such sites and resources,
and is
not responsible for the availability of such external sites or
resources, and
does not endorse and is not responsible or liable for any information,
Content,
advertising, products, services or other materials on or available from
such
sites or resources. You further acknowledge and agree that
ParadiseFoundDating.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in
connection with the use of, or reliance upon, any such information,
Content,
advertising, products, services or other materials available on or
through any
such site or resource. You are encouraged to review the terms of use
and
privacy statements of such external links prior to using them. If you
choose to
access any external links, you do so entirely at your own risk.
14.
Disclaimers. ParadiseFoundDating.com is not responsible for any
inaccurate or
incorrect Content posted on the Website or in connection with the
Service,
whether caused by users of the Website, Members or by any of the
programming or
equipment associated with or utilized in the Service.
ParadiseFoundDating.com
is not responsible for the conduct, whether online or offline, of any
user of
the Website or Member of the Service. ParadiseFoundDating.com assumes
no
responsibility for any error, omission, deletion, defect, interruption,
delay
or failure in operation, communications or transmission, theft,
destruction,
unauthorized access to, alteration of, user or Member communications.
ParadiseFoundDating.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
due to
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 Website and/or the
Service. Under
no circumstances will ParadiseFoundDating.com or any of its affiliates,
advertisers, promoters or distribution partners 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 or
by Members, or any interactions between users of the Website, whether
online or
offline. ParadiseFoundDating.com expressly disclaims any warranty of
fitness
for a particular purpose or non-infringement, the Website and the
Service are
provided "AS-IS". ParadiseFoundDating.com does not promise and cannot
guarantee any specific results from use of the Website and/or the
Service. In
addition to other provisions of this Agreement, any advice that may be
posted
on the Website is for informational and entertainment purposes only and
is not
intended to replace or substitute for any professional financial,
legal,
medical or other advice. ParadiseFoundDating.com makes no
representations or
warranties and expressly disclaims any and all liability concerning any
treatment, action by, or effect on any person following the information
offered
or provided on the Website or through Service. If you have specific
concerns or
a situation arises in which you require professional or medical advice,
you
should consult with a qualified professional.
15.
Limitation of Liability. In no event will ParadiseFoundDating.com be
liable to
you or any third person for any direct, indirect, exemplary,
incidental,
consequential, special or punitive damages and/or lost profits arising
from
your use of the Website or the Service, even if ParadiseFoundDating.com
has
been advised of the possibility of such damages, except in
jurisdictions where
such provisions are restricted. ParadiseFoundDating.com’s
liability to you for
any cause whatsoever, and regardless of the form of the action, will at
all
times be limited to $100.00 US Dollars, notwithstanding anything to the
contrary contained herein.
16.
Indemnity by You. You agree to indemnify and hold
ParadiseFoundDating.com, its
subsidiaries, 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 Website and/or 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 in this Agreement.
17.
No Third Party Beneficiaries. You agree that, except as otherwise
expressly
provided in this Agreement, there shall be no third party beneficiaries
to this
Agreement.
18.
United
States
Export Regulations. In compliance with United States export regulations
Software from this Website (hereinafter, "Software") shall not be
downloaded from the Website or otherwise exported or re-exported into
or to a
national or resident of any Country to which the U.S. has embargoed
goods or to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals
or the U.S. Commerce Department's Table of Deny Orders. By the act of
downloading or using the Software, you represent and warrant that you
are not a
national or resident of, not located in or under the control of any
such
country or on any such list.
19.
Other. This Agreement, your rights and obligations, and all actions
contemplated by this Agreement shall be governed by, construed and
interpreted
in accordance with the laws of the State of California. As
a condition of using the
Website and/or the Service, you understand and agree that any
controversy or
claim arising out of or relating to this Agreement, or the breach
thereof or
connected with ParadiseFoundDating.com,
shall be settled totally and finally by arbitration administered by the
American
Arbitration Association under its Commercial Arbitration Rules in the
County of
Los Angeles, State of California. The arbitrators may not award costs,
expenses, and/or attorney’s or other professional fees.
Additionally,
except
where prohibited by law, as a condition of using the Website and/or the
Service, you agree that any and all disputes and causes of action
arising out
of or connected to the Website and/or the Service shall be resolved
individually, without resort to any form of class action. You
also agree
that regardless of any statute or law to the contrary, any claim or
cause of
action arising from or related to the use of the Website
and/or the
Service must be filed within one (1) year after such claim or cause of
action
arose or be forever barred. The failure of either party to exercise in
any
respect any right provided for herein shall not be deemed a waiver of
any
further rights hereunder.
This
Agreement contains the entire agreement between you and
ParadiseFoundDating.com
regarding the use of the Website and/or the Service and supersedes any
other
agreement or understanding on the subject matter. If any provision of
this
Agreement is found to be unenforceable or invalid, that provision shall
be
limited or eliminated to the minimum extent necessary so that this
Agreement
shall otherwise remain in full force and effect and be enforceable.
This
Agreement is not assignable, transferable and shall not be sublicensed
without
the prior written consent of ParadiseFoundDating.com.
ParadiseFoundDating.com
may assign this Agreement in whole or in part.
|