Terms of Service
ACCEPTANCE OF TERMS
To use the Network, you do not have to register to become a member ("Member"). However, as a Member, you will have access to various services to which non-Members do not have access, some of which will enable you and other Members to interact with each other. If you desire to register to become a Member, please complete the membership registration form for the appropriate Company property. You agree to (a) provide true, accurate, current and complete information as prompted by the registration form and (b) maintain and update the information to keep it true, accurate, and complete at all times. If any information provided by you on the registration form is untrue, inaccurate, not current, or incomplete, or if we have a reasonable basis to believe so, we have the right to suspend or terminate your membership and/or to refuse to provide you with any future membership services. If we believe that you have registered any other party to receive any of our products and/or services, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right to disclose any information you provided to us in connection with the registration. The Company shall make a good faith effort to prohibit registration as a Member by, and will not knowingly collect or store personal information from, any member under the age of 18.
We reserve the right at any time to charge fees for access to new Network content or services or to portions of the existing Network content or services or to the Network as a whole. Unless we obtain your prior agreement to pay such charges, you will not be charged for access to any Network content or service, or to the Network as a whole. If you do not consent to such charges, you may not have access to any Network paid content or services.
We reserve the right to modify or discontinue, temporarily or permanently, the Network (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any such action.
Following are some basic rules that apply to the Network that you must agree to follow. If you violate any of these Network rules, or if we have any reasonable grounds to believe that you have done so, we shall have the right, in addition to pursuing any and all legal remedies available, and in our sole discretion based upon our review of the circumstances, to deny you access to the Network, to suspend or terminate your membership and to refuse to provide you with any future membership. In connection with your access to and use of the Network, you agree not to:
- stalk or otherwise harass another;
- upload, store, post, email or otherwise transmit (collectively, “Transmit”) any material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, bigoted or otherwise objectionable;
- transmit any material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships;
- transmit any material that infringes any patent, trademark, trade secret, copyright, publicity/privacy right or other intellectual property or proprietary right of any other party;
- transmit any material that is advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted;
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit any materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
- post, upload or otherwise distribute any private, personally identifiable, photos, financial, confidential, or proprietary information of another individual or entity without their express, written permission;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Network, unless expressly permitted by the Company;
- connect in an unauthorized manner (i.e., by means other than the chat and/or messenger clients provided by the Company) to the chat environment the Company provides for use by its Members on the Network or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to the Company's chat environment;
- copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the chat and/or messenger clients or any other software the Company provides through the Network;
- sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise use any the Company content which is protected by trademarks, service marks, copyrights, or other intellectual property rights;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Network;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Network are able to type (e.g., "flooding" chat), or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or use any form of automated device or computer program that enables submission of postings on the Network without each posting being manually entered by the author thereof
- interfere with or disrupt the Network or servers, networking and computing equipment or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network;
- attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Network;
- create multiple user accounts by automated means or under false or fraudulent pretenses, including for commercial or any other purposes;
- initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Network and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Network or the Internet in general;
- try to gain access to areas that are private to the Company or to other Network users;
- violate any applicable local, state, national or international law or regulation;
- harm any minors in any way, including, without limitation, establishing unlawful contact with minors (whether on or off the Network);
- collect, intercept or harvest member names;
- collect, intercept or store personal data about other users of the Network for any commercial or unlawful purposes;
- solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and prior written consent; engage in or run raffles, lotteries, contests, or sweepstakes;
- promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to the Network, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Network or the Internet in general;
- post, upload or otherwise distribute any private, personally identifiable, photos, financial, confidential, or proprietary information of another individual or entity without their written express permission
- store any information or use any Web page or directory you create, including any member profile or posting in or to a public area (such as in chat, on message boards or in response to an online poll), on or through the Network as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Network, or
- take any other action that is malicious either to the Network, a user, member, the Company or any other third party, such determination to be in the discretion of the Company alone.
Through certain areas of the Network you may post or submit material ("Submissions") for viewing by others or view Submissions of other users (e.g., blog, bulletin boards, forums, personals, Member profiles, chat rooms or video chat rooms). By making a Submission, you (a) automatically grant to the Company and its affiliates and licensees a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) throughout the universe and/or to incorporate it in other works or materials in any form, media, or technology now known or hereafter developed, (b) permit any other user of the Network to access, view, store, or reproduce the Submission for that user's personal use, and (c) represent and warrant that public posting and use of your Submission by the Company and its affiliates and licensees will not infringe or violate the rights of any third party.
Our provision of a link to any non-Network site or location is for your convenience and does not signify our endorsement of such non-Network site or location or its contents. The Company shall not be responsible for any information, software, or links found at any non-Network site or location, or for any transactions conducted at or through any linked non-Network site or location.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORK IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND THE COMPANY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT THE NETWORK WILL FUNCTION WITHOUT INTERRUPTION, THAT THE NETWORK IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE NETWORK AND THE SERVER(S) THAT MAKE THE NETWORK AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF THE NETWORK SHALL CREATE ANY WARRANTY. FURTHER, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT – INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY – BREACH OF CONTRACT, OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE NETWORK, AND/OR ANY CHANGES IN OR TO THE NETWORK OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE NETWORK. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE NETWORK, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF THE COMPANY OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING THE NETWORK, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING ATTORNEYS' FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING OUT OF YOUR (OR, IN THE CASE OF MEMBERS, ANYONE USING YOUR ACCOUNT'S) USE OF, OR CONDUCT WITH RESPECT TO, THE NETWORK.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS AGREEMENT REPRESENT AN AGREED UPON ALLOCATION OF RISK AND FORM AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, WITHOUT WHICH THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR PROVIDE THE NETWORK FOR YOUR USE.
You acknowledge and agree that all content and materials available on or through the Network are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may print or download one copy of the materials or content on the Network on any single computer for your personal, non-commercial use; provided, that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Systematic retrieval of data or other content from the Network to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any such materials or content. To obtain such authorization, contact the Company Copyright Administrator by mail at: Copyright Administrator DH Services, LLC 174 West 4th Street, Suite 328 New York, NY 10014
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
The Company respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), the Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through the Network in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form substantially in the form described below, and fax or mail it to the following agent of the Company for notice of claims of copyright infringement: Copyright Administrator DH Services, LLC 174 West 4th Street, Suite 328 New York, NY 10014 The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides that, to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. Please note that the Company will, under appropriate circumstances, terminate the account of any Member who repeatedly posts infringing material on the Network.
CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of New York and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in New York by New York residents, notwithstanding your actual place of residence. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively in the Federal or State courts located in the Southern District of New York, New York County, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
- This Agreement contains the complete and final statement of the understanding between you and the Company with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement which shall remain in full force and effect and be enforced in accordance with its remaining terms. The waiver by the Company of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Network or this Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive any such termination of this Agreement will survive termination including, without limitation, the Acceptance of Terms, Network Rules, Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
- You acknowledge and agree that Company pre-screens photographs uploaded to the site to ensure that all photographs comply with site guidelines. All member photos are reviewed by our customer service staff before going live on the site. Any photo that is determined to be pornographic or obscene by our customer service staff will not be permitted for viewing. Company and its designees shall have the right (but not the obligation) in their sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on the Network, including, without limitation, message board posts, profiles, images, personals, chat and reviews. Without limiting the foregoing, Company and its designees shall have the right to remove any material that violates this Agreement, that Company believes in good faith may create liability for it, and/or that Company deems is otherwise objectionable. You acknowledge and agree that Company may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with the law; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of the Company, its management, directors, employees and agents, its users and/or the public. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Company to pursue legal action to enforce this Agreement, you will be liable to pay Company the following amounts as liquidated damages, which you accept as reasonable estimates of Company’s damages for the specified breaches of these Terms:
- If you post material that: (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) includes personal or identifying information about another person without that person's explicit consent, you agree to pay Company five thousand dollars ($5,000) for each such posting.
- If you send unsolicited email advertisements to Company email addresses or through Company computer systems, you agree to pay Company five hundred dollars ($500) for each such email.
- If you post materials in violation of this Agreement, other than as described above, you agree to pay Company one thousand dollars ($1000) for each individual material posted. In its sole discretion, Company may elect to issue a warning before assessing damages.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any commercial purposes, including but not limited to market research, such as in business presentations, documents, or verbal presentations to colleagues, clients or prospective clients, any content or material (except for your own material) in violation of the Terms without Company's express written permission, you agree to pay Company three thousand dollars ($3,000) for each day on which you engage in such conduct.
- Otherwise, you agree to pay Company actual damages, to the extent such actual damages can be reasonably calculated for any other breach of this Agreement. Notwithstanding any other provision of this Agreement, Company retains the right to seek the remedy of specific performance of any term contained in the Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Agreement, or any combination thereof.