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Last revised on
1/13/2005
Welcome
to Clubdateflorida.com, the premier Website ("Website") specifically established to promote networking between adults who
are single (never married), widowed or divorced and are at least 18
years of age residing in, but not limited to the state of Florida.
Please
take the time to read this Agreement ("Agreement") before
registering for the Service ("Service") of
Clubdateflorida.com. Upon successful registration, you will become a
member of the Service (a "Member"), and you agree to be
bound by all of the Terms and Conditions (the "Terms") listed in this Agreement until you are no longer a member.
This
Agreement establishes the legally binding Terms of the use of the
Website and your Membership ("Membership") in the Service
and these Terms are subject to change by Club Date Florida, LLC
("Owner") to be effective upon notice.
You
may terminate your Membership at anytime, for any reason. Upon any
breach of this Agreement, the Owner reserves the right to
immediately suspend or terminate your access to the Service without
notice.
Eligibility
You
must be at least eighteen years of age, single (never married),
widowed or divorced to register as a Member or to use the
Clubdateflorida.com Website. By using the Website, you represent and
warrant that you are at least eighteen years of age, single (never
married), widowed or divorced and that you have the right to enter
into this Agreement and will abide by all of the Terms and
Conditions of this Agreement.
Term
As
a Member of Clubdateflorida.com or a user of the Website this
Agreement will be binding and will remain effective as long as you
are a Member. You may terminate your Membership at any time or for
any reason at your discretion. To terminate your Membership you must
follow the directions as outlined for removing your profile within
your account settings. The Owner may terminate your Membership at
any time for any reason. If the Owner terminates or suspends your
Membership it will be effective upon sending you notice to the most
current email address that you have provided to Clubdateflorida.com.
If you have breached this Agreement and your Membership is
terminated, Clubdateflorida.com has no obligations to refund any
unused subscription fees. Once this Agreement is terminated, certain
parts of this Agreement will still remain in effect. Sections 1 Site
Content, 4 Member
disputes, 5 Indemnity, 6
Proprietary
Rights, 8 Disclaimers, 9
Limitation of
liability, Privacy Policy
Using
the service
You
will only use the Service in a manner that it was designed for as
outlined by the Owner and that is acceptable and legal according to
all regulations and applicable laws.
As
a member, you agree that:
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Site
Content
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By
posting information or content on the "Website"
that will be in a public area or viewable by other Members,
you grant the Owner the ability to delete or modify any
content, profiles, photos, or messages at the Owner sole
discretion. You also automatically agree to, and you
represent and warrant that you have the right to grant the
Owner and other Members an irrevocable, fully-paid,
non-exclusive, permanent, 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.
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If
you submit any picture on the Website that is deemed to be
inappropriate, for example, nudity or an unclear picture
the, Owner reserves the right to remove any such material
from the Service without notice.
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You
may not distribute or modify copyrighted material. You may
not publish, display, and/or sell trademarks or proprietary
information without the Owner's written consent.
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Online
Conduct
The following is prohibited on the Website
You may not:
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Aim
to offensively offend any group or Member through racism,
hatred, libel, or physical harm of any kind.
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Use
profanity or vulgarity, nor slander, harass, or threaten
Members. At the Owner sole discretion, the Owner reserves
the right to restrict the amount of emails sent to another
Member or may suspend your contact with certain Members.
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Transmit
junk mail, unsolicited mass mailing, spam, or chain letters.
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Provide
information to manufacture copy-protected devices or provide
links to pirated music files or pirated computer programs
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Post
any unacceptable material as deemed by the Owner, which
includes, but not limited to, pornographic photos or nude
images of yourself or others.
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Promote
information that you know is false or misleading.
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Promote
illegal activities or conduct that is abusive, threatening,
defamatory, obscene, or libelous.
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Include
any contact information about yourself or another person in
your profile such as, but not limited to, email address,
street address, telephone numbers, or URL addresses.
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Promote
illegal copyrighted work.
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Promote
material that exploits people under the age of 18 in a
sexual or violent form.
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Solicit
any personal information from anyone under the age of 18.
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Promote
illegal activities such as creating or providing
instructional information on how to violate someone's
privacy, create or purchase computer viruses or illegal
weapons.
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Participate
in commercial activities such as selling, advertising,
and/or using personal information without the Owner's
consent or using this information for an unlawful purpose.
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Authorize
others to use your Membership, nor may you transfer your
account to any other person or entity
Clubdateflorida.com
reserves the right to take appropriate legal action at its sole
discretion and/or may terminate or suspend Membership to
violators of the provision above.
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Notices
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You
acknowledge that you are single (never married), widowed or
divorced. The Service does not allow Members that are
married or separated. The Website is only for women seeking
men and men seeking women. The Owner has the right to delete
or modify any photos at its sole discretion.
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In
no event will Clubdateflorida.com be responsible for the use
of any personal information that a Member chooses to
disclose at their own discretion on the Service. See Online
Dating Safety Advice for further information
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You
are solely responsible for your Contact
"(Contact)' with any Members of the Service
whether it is in person, verbal, or written and are to do so
at your own risk. The Owner and its affiliates assume no
responsibility whatsoever, if harm is brought to you or
others associated to you (ex: friends, relatives, etc.) as a
result of your Contact in any form with any Member of the
Service including, but not limited to, physical abuse,
assault, verbal abuse, or death.
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The
Owner assumes no responsibility for your use of this Service
and the use of this Service is done at your own risk. The
Owner cannot depict the actual marital status or any other
attributes a Member may or may not disclose. Furthermore,
the Owner does not guarantee the accuracy, completeness, or
usefulness of any information communicated by a Member on
the Service. Therefore the Owner is not responsible for any
damages or losses as a result of anyone relying on any
statements made, advice given, or opinions given. This
includes, but is not limited to, anyone's reliance on
information that is posted or received from members on the
Website. Under no conditions will the Owner be held
responsible.
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The
Owner reserves the right to change any of the rights, Terms,
privileges, obligations or charges for Service at any time
with or without providing notice as deemed appropriate by
the Owner. Changes will either be posted on the Website or
emailed to you at the Owner's discretion. It is your
responsibility to review such information, which will be
regularly posted to obtain timely notice. By not terminating
your membership in the event that changes are made to this
agreement, it is implied that you accept the newly modified
Terms and Conditions. This provision will stand even if you
do not read the newly or modified Terms and Conditions, even
if the notice or email was unsuccessfully received.
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Member
Disputes
The Owner reserves the right but has no obligation to monitor
arising issues or disputes between you and other Members. When
communicating with other Members, you are solely responsible for
your interaction.
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Indemnity
You agree to indemnify and hold Clubdateflorida.com, its
officers, affiliates, employees, agents, third parties,
directors, and other partners harmless of any losses, costs,
liabilities, and expenses including reasonable attorneys' fees
due to or arising from a breach of this Agreement.
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Proprietary
Rights
Clubdateflorida.com owns and retains all proprietary rights
in the Service and the Website. The Website and the Service
contains the copyrighted trademarks, material, and other
proprietary information of Clubdateflorida.com and its
licensors. Except for information that you have been granted
written permission or that is in the public domain, you will not
copy, modify, transmit, publish, distribute, display, perform,
or sell any proprietary information.
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Copyright
Policy
It is unlawful to transmit copyrighted material without a
license, expressed consent, valid defense or fair use exemption.
It is also unlawful to use trademarks or other proprietary
information without having written consent from the Owner of the
proprietary rights. Information that is submitted to the Website
whether it is images, text, or software, but not limited to,
other copyrighted material must not infringe the copyrights or
other rights such as publicity rights or privacy. If you suspect
that your work or someone else's work has been copied on the
Service and violates copyright infringement please contact
Clubdateflorida.com.
The Owner reserves the right to remove any questionable
copyrighted material while pending investigation. After
confirming that unlawful infringement has been used on the
Website, the Owner reserves the right to terminate the Service
to a user. The Owner also reserves the right to terminate the
Service to a user while pending investigation if the beliefs of
the Owner are in good faith that suspected infringement has
occurred.
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Disclaimer
Clubdateflorida.com grants no warranties of any kind for use
of the Service. Clubdateflorida.com does not warrant that
defects of the Service will be corrected, secure, always
available for use, uninterrupted, or always working properly. It
is possible for Members, unauthorized users, or hackers to
transmit offensive content on the Service. It is possible for
others to collect personal information about you due to your use
of the Service. Clubdateflorida.com assumes no responsibility
and will not be held liable for any content that may be
involuntarily exposed or used to harass or harm you.
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Limitation
on Liability
In no event will Clubdateflorida.com be liable to you or to
any third party for any incidental, consequential, or indirect
damages, including, but not limited to, threats, deaths, or
injuries committed by any other user. In no event will
Clubdateflorida.com be liable for such indirect damages but not
limited to damages as a result of loss of data, loss of
programs, service interruption cost or procurement of using
another substitute service as a result of using the Website or
the inability to use the Website. The Owner will not be held
liable even if the Owner or affiliates or third parties have
been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Clubdateflorida.com's
liability to you for 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 Clubdateflorida.com, for the Service
during the term of membership.
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General
Provisions
In the event that there is any dispute arising from or in
relationship to this Agreement, you agree that "Florida
laws" govern this Agreement, without regard to its conflict
of provisions. This Agreement is accepted upon completed
registration for Membership at Clubdateflorida.com. Any legal
proceedings arising out of or relating to this Agreement shall
be resolved in the courts of the incorporating jurisdiction as
it may pertain to the Owner. Some jurisdictions may not enforce
warranty disclaimers and limitations of liability, however these
limitations of liability and disclaimers of warranty do not
pertain to you.
This
Agreement, accepted upon use of the Website and acceptance upon
becoming an affirmed Member of the Service, contains the entire
Agreement regarding the use of the Website and Service. The Owner
may rely upon this Agreement as noted. This is a legally binding
Agreement and if any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect.
By
accepting this Agreement you acknowledge that you have read this
Agreement and agree to all of the provisions contained in the
Agreement.
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