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Eligibility: You must be eighteen or over to
register as a Member of the Website's community or use the Website. Membership
in the Service is void where prohibited by law. 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 and you are at least 18-years old.
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By using and/or viewing this Website you represent and warrant the following:
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That you are an adult of at least 18-years of age
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That you will not permit any person(s) under 18-years of age to have access to
any of the materials contained within this Website.
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That you represent and warrant that you have not and will not use and/or view
the Website in a restricted location - namely a place, country, or location in
which doing so would, or could be deemed a violation of any law, regulation,
rule, ordinance, edict or custom.
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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, and for any reason by following the instructions in the
My Account Section, or upon receipt by the Website of your written or email
notice of termination emailed to
SpyWhacker@gmail.com.
After the Membership is terminated, certain
provisions of this agreement will remain in effect, including but not limited to
sections 4, 5, 6, 7, 8, 9, 10,11,12 and 13 thru 20 of this Agreement.
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Manner of use: You must use the Website in a
manner consistent with all applicable laws and regulations and shall not upload,
distribute, or otherwise publish through the Website, any content which is
libelous, defamatory, obscene, profane, abusive, sexual in nature, contains
nudity and/or provides material that exploits people under the age of 18 in a
sexual manner, or solicits personal information from anyone under 18 or
otherwise violates any law. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy the Website's web
pages or the content contained herein without the Company's prior express
written consent. You agree that you will not use any device, software or routine
to bypass or to interfere or attempt to interfere with the proper working of the
Website. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure. You may not
engage in advertising or solicitation of, other Members to buy or sell any
products or Services through the Website except with the Company's prior express
written consent.
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You must be respectful of others when using the Forum and Chat Rooms. Members
must not use vulgar, abusive, or hateful language. The Forum and Chat Rooms
within the Website are provided to give the Members an interesting and
stimulating arena where they may express their opinions and share their ideas.
Neither the Website, nor the Company, nor management endorse the opinions placed
in the Forum and/or Chat Rooms. Any submissions may be edited, removed,
modified, published, transmitted and/or displayed by the Website. In addition,
you warrant that all moral rights in any upload materials have been waived. You
also agree to hold the Comapny, it's officers, agents, and assigns harmless from
any postings you make on its forum and assume all liability for such posting.
You may not copy or paste into the Forum or any other area of the site any
email(s) sent to you, whether it be outside email(s) or email(s) sent within the
Website, without obtaining written approval from the party who originally sent
such email(s). The Website welcomes input from its Members, however, by
submitting an idea, suggestion, or recommendation, you waive all right to the
idea as intellectual property, and consent to the Comapny utilizing that idea,
suggestion, or recommendation without attribution or compensation.
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Member Disputes: The Company does not control
the quality of the information provided by other Members that is made available
on the Website. You may find other Members' information offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and safety when
posting on the Website. You are solely responsible for your interactions with
other Members. Because the Company is not involved in Member interactions, if
you have a dispute with one or more Members or those who have posted, viewed, or
used information on the Website, you release the Comapny, including its
officers, directors, agents, subsidiaries and employees, from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." The Company reserves the
right, but has no obligation, to monitor disputes between you and other Members.
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Links: The Website contains links to other
World Wide Web Internet websites, resources, and sponsors. Transactions that
occur between Members and third party links are strictly between the Member and
the third party and are not the responsibility of the Company. The Company is
not responsible for the availability of these outside resources or their
contents. You should direct any concerns regarding any external link to its
website administrator or Webmaster.
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Commercial Use by Members: The Website is for
the personal use of individual Members only. It may not be used in connection
with any commercial endeavors without the express written consent of the
Company. Organizations, companies, promoters, affiliates partners and/or
businesses may not become Members and should not use the Service or the Website
for any purpose. Illegal and/or unauthorized uses of the Website, 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 Website will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive
redress.
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Proprietary Rights in Content on the Website.
The Company owns and retains all proprietary rights in the Website and the
Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of the Website, and its licensors. Except for that
information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
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Content Posted on the Website:
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You understand and agree that the Comapny may review and delete any content,
including but not limited to messages, mail, forum postings, photos and profiles
descriptions (collectively, "content") that in the sole judgment of the Company
violates this Agreement or which might be offensive, illegal, or violate the
rights, harm, or threaten the safety of Members
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You are solely responsible for the content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
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By posting content to any public or private area of the Website, you
automatically grant, represent and warrant that you have the right to grant, the
Company 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, and, or incorporate into other works, such
information and content, and to grant and authorize sublicenses of the
foregoing.
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The following is a partial list of the kind of content that is illegal or
prohibited on the Website. The Company 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; images of a sexual nature and/or those that
contain nudity; 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, defamatory or libelous; promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer programs,
photos or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18; solicit
personal or commercial services; 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.
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You must use the Service in a manner consistent with any and all applicable laws
and regulations.
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You may not include in your Member profile or content anywhere on the Website
any telephone numbers, street addresses, last names, URLs or email addresses.
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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 the Company will not
monitor the conduct of its Members off the Website, it is a violation of these
rules to use any information obtained from the Service to harass, abuse, harm
another person, 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, the Comapny reserves the right to restrict the
number of emails a Member may send to other Members in any 24-hour period to a
number which the Company deems, in its sole discretion to be appropriate.
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Copyright Policy: You may not post, distribute,
or reproduce any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. When posting content you automatically agree to indemnify
the Company from any claims arising from content which is posted by you which is
in violation of the Company's Terms of Use policy and Copyright policy. Without
limiting the foregoing, if you believe that your work has been copied and posted
on the Service in a way that constitutes copyright infringement, or if an
unauthorized photo of you is posted on the Website, please provide the Website
Administrator with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work or photo that you
claim has been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the information stated in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. The Company's Copyright Agent for notice of
claims of copyright infringement can be reached as follows:
SpyWhacker@gmail.com
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Subscription: If you sign up for multiple
Memberships to the Website, you will be limited to only one instance of the
Website's instant messenger service and chat room service regardless of the
number of subscribing accounts you may have with us.
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Privacy and Dating Safety Use of the Website and/or the Service is also governed
by our Privacy Policy. Dating Safety Tips are incorporated into this Agreement.
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The Company does not guarantee that people you meet through the website are
safe. The Company does not perform any type of background checks on any of its
members. You take full responsibility for the people you choose to connect with,
and hold the Company harmless for such choices.
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Promoter/Event advertising: The Company is not
responsible for the accuracy of the information provided by promoters and
affiliates on our Website. You agree to hold the Company harmless for any
incorrect or inaccurate content or unfulfilled offers, ticket sales, posted on
the Website by promoters or affiliates.
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Disclaimers: The Company is not responsible for
any incorrect or inaccurate content posted on the Website or in connection with
the Service, whether caused by users of the Website, Members, promoters,
affiliates or by any of the equipment or programming associated with or utilized
in the Service. The Company is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service. The Company
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or Member
communications. The Company 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 on account of
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 Web and/or in connection with the
Service. Under no circumstances will the Company 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
Members, or any interactions between users of the Website, whether online or
offline. The Website and the Service are provided "AS-IS" and the Company
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. The Company cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
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Limitation on Liability: Except in
jurisdictions where such provisions are restricted, in no event will the Company
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including lost profits or income
arising from your use of the Website or the Service, even if the Company has
been advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, the Company's liability to you from any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to the Company for the Service during
the term of Membership.
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U.S. Export Controls: Software from this
Website (the "Software") is further subject to United States export controls. No
Software may be downloaded from the Website or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 downloading or using
the Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
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Disputes: If there is any dispute about or
involving the Website and/or the Service, by using the Website, you agree that
the dispute will be governed by the laws of the State of Florida in the United
States without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State of
Florida, City of Miami, United States of America.
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Indemnity: You agree to indemnify and hold the
Company, 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 this Agreement and/or any breach of your representations and
warranties set forth above.
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Other: This Agreement, accepted upon use of the
Website and further affirmed by becoming a Member of the Service, contains the
entire agreement between you and the Company regarding the use of the Website
and/or the Service. Affiliates also agree to the terms of the Affiliate
agreement. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.