MilitarySingles.com
Terms and Conditions
1.
ACCEPTANCE OF TERMS
Welcome to MilitarySingles.com. MilitarySingles.com is a licensee of the ESingles
LLC e-singles business. MilitarySingles.com
is in no way endorsed or ran by the US or any other military.
ESingles LLC provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular ESingles LLC services,
you and ESingles LLC shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the TOS. ESingles
LLC also may offer other services from time to time, such as ESingles LLC Store
and ESingles LLC Site that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
ESingles LLC currently provides users with access to a rich collection of
on-line resources, including, various communications tools, online forums,
shopping services, personalized content and branded programming through its
network of properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new ESingles LLC properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that ESingles LLC assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Service, 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, you must provide all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or ESingles LLC has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, ESingles LLC has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
4. ESINGLES LLC PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify ESingles LLC of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. ESingles LLC cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not
ESingles LLC, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. ESingles LLC does
not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will ESingles LLC be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
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a. |
upload,
post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; |
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b. |
harm
minors in any way; |
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c. |
impersonate
any person or entity, including, but not limited to, a ESingles LLC
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
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d. |
forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service; |
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e. |
upload,
post, email, transmit or otherwise make available any Content that you do
not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); |
|
f. |
upload,
post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
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g. |
upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose; |
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h. |
upload,
post, email, transmit or otherwise make available 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; |
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i. |
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges; |
|
j. |
interfere
with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; |
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k. |
intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
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l. |
"stalk"
or otherwise harass another; or |
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m. |
collect
or store personal data about other users. |
You acknowledge and agree that ESingles LLC may preserve Content and may also
disclose Content 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
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of ESingles LLC, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ESingles LLC does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant ESingles LLC the following world-wide, royalty free and non-exclusive
license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the
ESingles LLC network of properties that are intended by ESingles LLC to be
available to the general public. By way of example, publicly accessible areas of
the Service would include ESingles LLC Message Boards and portions of ESingles
LLC Clubs and ESingles LLC Groups that are open to both members and visitors.
However, publicly accessible areas of the Service would not include portions of
ESingles LLC Clubs and ESingles LLC Groups that are limited to members, ESingles
LLC services intended for private communication such as ESingles LLC Mail or
ESingles LLC Messenger, or areas off of the ESingles LLC network of properties
such as portions of World Wide Web sites that are accessible through ESingles
LLC Webring but are not hosted or served by ESingles LLC.
9. INDEMNITY
You agree to indemnify and hold ESingles LLC, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ESingles LLC may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on ESingles LLC's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that ESingles LLC
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that ESingles LLC reserves the right to log off
accounts that are inactive for a period of 1 year. You further
acknowledge that ESingles LLC reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
ESingles LLC reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that ESingles LLC shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that ESingles LLC, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ESingles LLC believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. ESingles LLC may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that ESingles LLC may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that ESingles LLC shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that ESingles LLC shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because ESingles LLC has no control over such sites
and resources, you acknowledge and agree that ESingles LLC is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that ESingles LLC shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. ESINGLES LLC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by ESingles
LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or in
part.
ESingles LLC grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by ESingles LLC for use
in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a. |
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ESINGLES LLC
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
|
b. |
ESINGLES
LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. |
|
c. |
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
|
d. |
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ESINGLES LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THERE ARE ABSOLUTELY NO REFUNDS.
THERE IS NO GUARANTEE THAT YOU WILL FIND YOUR MATCH ON OUR WEBSITE AND ESINGLES
LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
ESINGLES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service
is provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. ESingles LLC shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not be
responsible or liable for any trading or investment decisions made based on such
information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. COPYRIGHTS and COPYRIGHT AGENTS
ESingles LLC respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide ESingles LLC's Copyright
Agent the following information:
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ESingles LLC and
govern your use of the Service, superceding any prior agreements between you and
ESingles LLC. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The failure of ESingles LLC to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. 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 the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
24. VIDEO CHAT
In order to user the Video Chat feature, you explicitly agree to the following:
25. VIOLATIONS
Violations to these Terms and Conditions will result in the deletion of all
your membership accounts with ESingles LLC and may also result in ESingles LLC
taking legal action against you and/or your firm.
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