Your use of our Internet sites or any of the
products or services offered on those sites (collectively, the
"Services") is subject to these Terms of Use (these "Terms"). We
may modify these Terms at any time without notice to you by posting
revised Terms on our sites. Your use of our sites constitutes your
binding acceptance of these Terms, including any modifications that we
make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to those conditions,
which are incorporated into these Terms by reference. In the event of
an inconsistency between these Terms and any additional posted
conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and for any reason
without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include
communications such as service announcements and administrative
messages from us or from our partners and that these communications are
considered part of the Services. You will not be able to opt out of
receiving these messages. You also understand that our Services may
include advertisements.
Content On Our Sites Our sites include a combination
of content that we create, that our partners create and that our users
create. All materials published on our sites, including, but not
limited to, written content, photographs, graphics, images,
illustrations, marks, logos, sound or video clips and flash animation,
are protected by our copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate in the transfer or
sale of, reproduce, create derivative works of, distribute, publicly
perform, publicly display or in any way exploit any of the materials or
content or our sites in whole or in part.
You are solely responsible for all materials, whether publicly
posted or privately transmitted, that you upload, post, email, transmit
or otherwise make available on our sites ("Your Content"). You
certify that you own all intellectual property rights in Your Content.
You hereby grant us, our affiliates, and our partners a worldwide,
irrevocable, royalty-free, nonexclusive, sub-licensable license to use,
reproduce, create derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, distribute and publish Your
Content and subsequent versions of Your Content for the purposes of (i)
displaying Your Content on our sites, (ii) distributing Your Content,
either electronically or via other media, to users seeking to download
or otherwise acquire it, and/or (iii) storing Your Content in a remote
database accessible by end users, for a charge. This license shall
apply to the distribution and the storage of Your Content in any form,
medium, or technology now known or later developed.
Our site contains content that we create as well as content
provided by third parties. This content includes, among other things,
single people bein it any gender , age , sexual preference. It also
includes information about products and services offered by parties
other than Eligible Connections such as product descriptions,
specifications, pricing, availability and performance. We do not
guarantee the accuracy, integrity or quality of the content on our
sites and you may not rely on any of this content. Without limitation,
we are not responsible for postings by users in the user opinion,
message board or Story sections of our sites.
You may be exposed to content that you find offensive, indecent,
objectionable or that is inaccurate and you bear all risks associated
with using that content. We have the right, but not the obligation, to
remove any content that may, in our sole discretion, violate these
Terms or that is otherwise objectionable.
Third-Party Sites, Products and Services Our sites
contain links to other Internet sites owned by third parties. Your use
of each of those sites is subject to the conditions, if any, that each
of those sites has posted. We have no control over sites that are not
ours and we are not responsible for any changes to or content on them.
Our inclusion on our sites of any third party content or a link to a
third party site is not an endorsement of that content or third party
site.
We do not sell, resell or license any of the products or services
that we review, list or advertise on our sites, and we disclaim any
responsibility for or liability related to them. Your correspondence or
related activities with third parties, including payment transactions
and goods delivery transactions, are solely between you and that third
party. You agree that we will not be responsible or liable for any loss
or damage of any sort incurred as the result of any of your
transactions with third parties. Any questions, complaints or claims
related to any product or service should be directed to the appropriate
vendor.
Privacy Policy All of the information that we collect
from you, such as registration and credit card information, is subject
to our privacy policy. Please read our privacy policy.
Your Conduct On Our Sites If we request
registration information from you, you will provide us with true,
accurate, current and complete information. You will promptly update
your registration to keep it accurate, current and complete. If we
issue you a password, you may not reveal it to anyone else. You may not
use anyone elses password. You are responsible for maintaining the
confidentiality of your accounts and passwords. You agree to
immediately notify us of any unauthorized use of your passwords or
accounts or any other breach of security. You also agree to exit from
your accounts at the end of each session. We will not be responsible
for any loss or damage that may result if you fail to comply with these
requirements.
The technology and software underlying our sites and the Services
is the property of Eligible Connections , our affiliates and our
partners. You agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, reverse engineer, grant a security interest in or
otherwise transfer any right to the technology or software underlying
our sites or the Services. You agree not to modify the software
underlying our sites in any manner or form, or to use modified versions
of such software, including (without limitation) for the purpose of
obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate
(collectively, \Transmit\) any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the
operation of another persons computer, our sites, any software or
hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to,,
or falsely state or otherwise misrepresent your affiliation with a
person or entity;
12. Forge headers, manipulate identifiers or other data in order to
disguise the origin of any content transmitted through our sites, or to
manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
14. Engage in any illegal activities
You agree to use our bulletin board services, chat areas, news
groups, forums, communities and/or message or communication facilities
(collectively, the \Forums\), only to send and receive messages and
material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene,
indecent, abusive or which might otherwise subject us to public
disparagement or scorn, we reserve the right, without prior notice to
you, to automatically change your username, delete your posts from our
sites, deny you access to our sites, or any combination of these
options.
Unauthorized access to our sites is a breach of these Terms and a
violation of the law. You agree not to access our sites by any means
other than through the interface that is provided by Eligible
Connections Inc. for use in accessing our sites. You agree not use any
automated means, including, without limitation, agents, robots,
scripts, or spiders, to access, monitor or copy any part of our sites
except those automated means that we have approved in advance and in
writing.
Use of our sites is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of our sites.
Indemnification Eligible Connections, and all of our
officers, directors, owners, employees, agents, information providers,
affiliates, partners and licensors harmless from and against any and
all liability, losses, costs and expenses (including attorneys fees)
incurred by any Eligible Connections party in connection with any claim
including, but not limited to, claims for defamation, violation of
rights of publicity and/or privacy, copyright infringement or trademark
infringement arising out of:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, quality or performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us and you agree to cooperate with our defense of these
claims.
We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us and you agree to cooperate with our defense of these
claims.
Disclaimers We disclaim any responsibility for the
deletion, failure to store, mis-delivery, or untimely delivery of any
information or material. We disclaim any responsibility for any harm
resulting from downloading or accessing any information or material on
the Internet using search results from our sites. We disclaim any
responsibility for, and if you subscribe to one of our fee-based
services you will not be entitled to a refund as a result of, any
service outages that are caused by our maintenance on the servers or
the technology that underlies our sites, failures of our service
providers (including telecommunications, hosting and power providers)
computer viruses, natural disasters or other destruction or damage of
our facilities, an act of nature, war, civil disturbance or other cause
beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR
ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT
ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY
SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY
THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY
OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS
OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR
COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Miscellaneous We may be required by state or federal
law to notify you of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting them on our sites
or delivering them to you through email. You may update your email
address by visiting the Services where you have provided contact
information. If you do not provide us with accurate information, we
cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of our
sites or these Terms must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
These Terms, including all terms, conditions and policies that are
incorporated into these terms by reference, constitute the entire
agreement between you and govern your use of our sites, superceding any
prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the
State of Michigan, and the parties irrevocably consent to bring any
action to enforce these Terms before an arbitration panel or before a
court of competent jurisdiction in Mount Clemens, Michigan if seeking
interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms shall continue in
effect.