Welcome to Datemeout.com. We sincerely hope that you will enjoy
your experience with Datemeout.com. The following Terms & Conditions are
necessary to allow Datemeout.com to provide our valued users with the best
possible experience and are intended to:
Outline the Code of Conduct for all members of
the service
Protect users from those few individuals who act
in an inappropriate or fraudulent manner
Maintain the integrity of the data collected and
accuracy of results
Clarify the terms regarding payment and billing
We request that you share information with our users in an honest,
upfront manner.
Your Account
In order to use the Datemeout.com and Datemeout.com Site
("Site"), you must register as a member of the Site
("Member") and agree to be bound by these Terms & Conditions
("Agreement"). To have the ability to access our website and
services, you must obtain access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service fees
associated with such access. In addition, it is your responsibility to find the
equipment (i.e. computer, modem, and/or other devices) necessary to make such a
connection to the Internet.
In consideration of your use of Datemeout.com, you agree to: (1)
provide accurate, current and complete information about yourself as prompted
by the registration form and (2) maintain and promptly update your personal
contact information to keep it current and complete. If you provide any
information that is untrue, inaccurate, inappropriate or not current, or if
Datemeout.com has reasonable grounds to suspect that such information is
untrue, inaccurate, inappropriate or not current, Datemeout.com has the right
to disable or terminate your account and refuse any and all current or future
use of the site.
Once you complete the registration process with Datemeout.com, you
will receive an account designation and password that is associated with your
new account. You are solely responsible for maintaining the confidentiality of
your account and password, and are fully accountable for all activities that
occur under your account. You also agree to immediately notify Datemeout.com of
any unauthorized use of your account or any other breach of security.
Unless otherwise specified, Datemeout.com grants you a
non-exclusive, non-transferable, limited right to access, use and display this
website and the material provided hereon, and the Fee-Based Services that you
subscribed to, for your personal, noncommercial use, provided that you comply
fully with the provisions of this Agreement. You agree not to assign, transfer
or sublicense your rights as a registered user of, or subscriber to, this
website and/or any of our Fee-Based Products. You understand that only you may
use your user account and password, and that your subscription or use of our
Fee-Based Products may not be shared with others. If Datemeout.com has
reasonable grounds to suspect that you have shared your account access and
password with another individual, Datemeout.com has the right to terminate your
account and refuse any refund.
You agree that you shall only use the Services and content in a
manner that complies with all applicable laws in the jurisdictions in which you
use the Services and Content, including, but not limited to, applicable restrictions
concerning copyright and other intellectual property rights. Except as
specifically authorized herein, you may not: (i) permit other individuals to
use the Content and Services; (ii) modify, translate, distribute or create
derivative works of the Content or the Services; (iii) copy or redistribute the
Content; (iv) rent, lease, transfer, or otherwise transfer rights to the
Content or the Services; (v) remove any proprietary notices or labels on the
Content or Service; and (vi) add to, alter, delete from, or otherwise modify
the Content.
Eligibility
You must be 18 (eighteen) or older to register as a Member of
Datemeout.com Matchmaking. Membership in the Service is void where prohibited.
By using this Site, 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 & Conditions of this Agreement.
Term
Joining Datemeout.com is free and you may continue to use this
Service as long as you adhere to these Terms & Conditions. The term for the
Fee-Based Services on Datemeout.com may vary. Subscription membership in the
Service is on "Term" basis which means you will be a Paid Member for
the amount of time specified in the Subscription Plan that you choose (normally
on a 1, 3, 6 or 12 month basis).
Payment and Billing
For purposes of your use of our Fee-Based Products, you agree to
provide us with true, accurate and complete information as required by the
subscription or sign up process ("Subscription Data"), including your
legal name, address, telephone number, email address and other billing
information (e.g., credit card number and expiration date), and to allow us to
share your Subscription Data with third parties for the purpose of verifying
the information you provide and billing your credit card or otherwise charging
your account.
Payment for Datemeout.com services or products may be made by
credit card or other means by which Datemeout.com authorizes. Payment must be
received by Datemeout.com prior to acceptance of an order. For our subscription
plans, we may alert you to your impeding renewal via e-mail 30-days, and then
again 2-weeks prior to your renewal date.
Customers must promptly inform Datemeout.com of apparent breaches
of security, such as loss, theft, or unauthorized disclosure or use of an ID or
password. Until Datemeout.com is notified by e-mail of a breach in security,
the customer will remain liable for any unauthorized use of the service.
Content And information Posted on the Site
You understand and agree that Datemeout.com may review and delete
any content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of Datemeout.com violate this Agreement or which
might be offensive, inappropriate, illegal, or that might violate the rights,
harm, or threaten the safety of other 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 the Site, you
automatically grant, and you represent and warrant that you have the right to
grant, to Datemeout.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 Site. Datemeout.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:
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;
harasses or advocates harassment of another
person;
involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or
"spamming";
promotes information that you know is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of
another person'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;
seeks to impersonate any person or entity, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
contains restricted or password only access
pages, or hidden pages or images (those not linked to or from another
accessible page) ;
displays pornographic or sexually explicit
material of any kind;
provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits personal information
from anyone under 18;
provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
You must use the Service in a manner consistent
with any and all applicable laws and regulations.
You may not include in your Member profile any
telephone numbers, street addresses, last names, URLs or email addresses.
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 Datemeout.com cannot monitor the conduct of its Members
off the Site, 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, Datemeout.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 Datemeout.com deems appropriate in
its sole discretion.
You are solely responsible for your interactions
with other Datemeout.com Members. Datemeout.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
Non Commercial Use by Members
The Site 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 Site for any purpose. Illegal and/or unauthorized uses of the
Site, 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 Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
Termination
Subscription cannot be transferred once purchased.
Datemeout.com reserves the right to cancel or terminate an
individual's account if there is speculation of misconduct or similar
behaviors. Should you breach this Agreement, Datemeout.com will revoke your
license to use the Service and suspend your right of access. In such a case, no
portion of your subscription payment will be refunded.
Should Datemeout.com decide to suspend the Service for any reason
other than breach, we will refund to you the unused pro-rata portion of your
subscription payment, which will be your sole and exclusive remedy upon such a
suspension of service.
Should you have any inquires regarding billing, this should be
directed to our Customer Support Team via email to customercare@Datemeout.com.
Modifications to Service
Datemeout.com shall have the right, in its sole discretion, to
modify, add or remove terms of these Terms & Conditions, without notifying
our customers of such modifications, additions or removals, and all such
changes shall be effective immediately. Your continued participation and use of
this website and/or the Datemeout.com services following our posting of any
such change on our site will constitute binding acceptance of such change. You
agree that Datemeout.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the service.
Communication
As a part of the service Datemeout.com provides to our Members, we
communicate via e-mail and other means to inform you of enhancements or changes
in offerings, services, or other relevant information targeted to your
interests. Details of these communication efforts are noted within the Privacy
Policy. Users have the option to remove themselves from various e-mail
communications by following the conditions listed within the message or by
following the procedures as noted in the Privacy Policy. However, even though
users may request removal from the distribution of certain e-mails,
Datemeout.com has the right to send messages from time to time that we believe
would interest them. Datemeout.com reserves the right at any time to modify or
discontinue, temporarily or permanently, the service (or any part thereof) with
or without notice.
Privacy Policy
You should review the other Datemeout.com policies to better
comprehend our practices and how we govern your visit to our website.
Registration data and certain other information about you are subject to our
privacy policy. For more information, see our entire privacy policy.
Advertiser Links
This website contains links to Internet websites maintained by
third parties. Datemeout.com does not operate or control in any respect any
information, products, or services on such third-party sites. Third-party links
do not constitute any endorsement by Datemeout.com and/or its affiliates. User
assumes sole responsibility for use of these third-party links. The disclaimers
set forth herein are equally applicable to such third-party sites.
Copyright and Trademarks
The content included on this website, including, but not limited
to the Datemeout.com tests, reports, text, graphics, logos, icons, and images
is the exclusive property of Datemeout.com and other respective owners that
have granted Datemeout.com the right and license to use such property and is
protected by United States and international copyright laws. All trademarks,
service marks, and trade names are proprietary to Datemeout.com or other
respective owners that have granted Datemeout.com the right and license to use
such marks. The Datemeout.com website contains copyrighted material, including,
but not limited to: trademarks and other proprietary information, content,
text, and graphics. Except as otherwise expressly permitted under copyright
law, users may not copy, publish, redistribute, modify, transmit, display,
sell, create derivative works, or in any way exploit the content or any portion
of the Datemeout.com website without the express permission of the
organization. Datemeout.com's Copyright Counsel for notice of claims of
copyright infringement can be reached at: Datemeout.com LLC. P.O. Box 41926 Los Angeles, California
90041 USA
Disclaimers of Warranties
The products, offerings, content and materials (including, without
limitation, the Fee-Based products) on this website are provided "as
is" and without warranties of any kind, either express or implied.
Datemeout.com disclaims all warranties, express or implied, including but not
limited to warranties of title or implied warranties of merchantability,
fitness for a particular purpose, title, security, accuracy or
non-infringement.
Neither Datemeout.com, any of our affiliates, nor any of our or
their respective licensors, licensees, service providers or suppliers warrant
that this website or any function contained in this website will be
uninterrupted or error-free, that defects will be corrected, or that this
website or the servers that make this website available are free of viruses or
other harmful components.
Neither Datemeout.com, any of our affiliates, nor any of our or
their respective licensors, licensees, service providers or suppliers warrant
or make any representations regarding the use or the results of the use of the
products, offerings, content and materials (including, without limitation, the
fee-based products) in this website in terms of their correctness, accuracy,
reliability, or otherwise. Further, please note that no advice or information,
obtained by you from our personnel or through this website shall create any
warranty not expressly provided for in this agreement.
Limitation of Liability
You expressly understand and agree that Datemeout.com and our
affiliates shall not be liable for any direct, indirect, incidental, special,
consequential, exemplary or punitive damages, or any other damages whatsoever,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if we have been advised of the possibility of
such damages), arising out of, or resulting from, (a) the use or the inability
to use this website (including, without limitation, the fee-based products);
(b) the use of any content or other material (including, without limitation,
the fee-based products) on this website or any website or websites linked to
this website, (c) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from this website
(including, without limitation, the fee-based products); (d) unauthorized
access to or alteration of your transmissions or data; (e) statements or
conduct of any third party on our website (including, without limitation, the
fee-based products); or (f) any other matter relating to this website. In no
event shall our total liability to you for all damages, losses, and causes of
action (whether in contract, tort (including, but not limited to, negligence),
or otherwise) exceed the amount paid by you, if any, for accessing this
website. If you are dissatisfied with any portion of our website, or with any
of provision of this agreement, your sole and exclusive remedy is the
discontinuation of your use of this website.
Indemnity. You agree to indemnify and hold Datemeout.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 Service in violation of this Agreement and/or arising from a breach of
these Terms & Conditions and/or any breach of your representations and
warranties set forth above.
All questions relating to this website's validity,
interpretations, performance and enforcement, including the Terms &
Conditions, shall be governed by and construed in accordance with the laws of
the State of Florida. Any action relating to this website's validity,
interpretations, performance and enforcement, including the Terms &
Conditions, must be brought in the federal or state courts located in Tampa
Bay, FL, and you irrevocably consent to the jurisdiction of such courts. Our
failure to enforce your strict performance of any provision of these Terms
& Conditions will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this policy. Any waiver,
amendment or other modification of any provision of these Terms &
Conditions will be effective only if in writing and signed by an authorized
representative of Datemeout.com.
Datemeout.com will not be responsible or liable to you for any
delay or failure to perform under these Terms & Conditions if such delay or
failure results from fire, explosion, labor dispute, earthquake, casualty or
accident, lack or failure of transportation facilities and/or services, lack or
failure of telecommunications facilities and/or services including Internet
services, epidemic, flood, drought, or by reason of war, civil commotion,
blockade or embargo, act of God, any inability to obtain any requisite license,
permit or authorization, or by reason of any law, proclamation, regulation,
ordinance, demand or requirement of any government or by reason of any other
cause whatsoever, whether similar or dissimilar to those enumerated, beyond the
reasonable control of Datemeout.com.
Miscellaneous Terms
All information presented by Datemeout.com is for educational and
entertainment purposes. The material is not intended to be a substitute for
professional counseling. Datemeout.com and the creators, producers, and
distributors of the content disclaim any liability in connection with the
advice, recommendations or products advertised on this site.
Datemeout.com may assign our rights and obligations under this Agreement.
This Agreement will inure to the benefit of our successors, assigns and
licensees. The failure of either party to insist upon or enforce the strict
performance of the other party with respect to any provision of this Agreement,
or to exercise any right under this Agreement, will not be construed as a
waiver or relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance; rather, the
same will be and remain in full force and effect.
Entire Agreement
These Terms & Conditions represent the complete and entire
agreement between Datemeout.com and you and supersede all prior and
contemporaneous agreements of the parties relating to the subject mater hereof.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. You acknowledge that you
have read these Terms & Conditions and understand and agree to all of them
in their entirety. You have independently evaluated the desirability of using
Datemeout.com, and are not relying on any representation, guarantee, or
statement other than as set forth in these Terms & Conditions.
We sincerely hope you enjoy your use of the Datemeout.com site.
Please understand that these rules help make it possible to offer our valued
users these Services.
Official correspondence must be sent via postal mail to:
Datemeout.com LLC.