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| TheDatePoint.com
Terms of Use Agreement |
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Welcome to TheDatePoint.com,
the service for adults to meet each other online operated by TheDatePoint.com.
("The Date Point.com"). By using the TheDatePoint.com
Website (the "Website") you agree to be bound by these
Terms of Use (this "Agreement"), whether or not you register
as a member ("Member"). If you wish to become a Member
and communicate with other Members and make use of the TheDatePoint.com
service (the "Service"), read these Terms of Use and indicate
your acceptance of them by following the instructions in the Registration
process.
This Agreement sets out the legally binding terms of your use of
the Website and your membership in the Service and may be modified
by TheDatePoint.com from time to time, such modifications to be
effective upon posting by TheDatePoint.com on the Website. This
Agreement includes TheDatePoint.com's Acceptable Use Policy for
Content Posted on the Website, TheDatePoint.com's Privacy Policy,
and any notices regarding the Website. You may also receive a copy
of this Agreement by emailing us at: customercare@TheDatePoint.com,
Subject: Terms of Use Agreement.
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Eligibility |
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You must be eighteen or over
to register as a member of TheDatePoint.com or use the Website.
Membership in the Service is void where prohibited. 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.
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Term |
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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, for any reason
by following the instructions on the Resign pages in Account Settings,
or upon receipt by TheDatePoint.com of your written or email notice
of termination. TheDatePoint.com may terminate your membership for
any reason, effective upon sending notice to you at the email address
you provide in your application for membership, or such other email
address as you may later provide to TheDatePoint.com. If TheDatePoint.com
terminates your membership in the Service because you have breached
the Agreement, you will not be entitled to any refund of unused
subscription fees. Even after membership is terminated, this Agreement
will remain in effect. Even after this Agreement is terminated,
certain provisions will remain in effect, including sections 4,
5, 7 and 9-14 of this Agreement.
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Non Commercial Use by Members |
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The Website 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 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
TheDatePoint.com |
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TheDatePoint.com owns and
retains all proprietary rights in the Website and the Service. The
Website contains the copyrighted material, trademarks, and other
proprietary information of TheDatePoint.com, 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 Site |
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You understand and agree that TheDatePoint.com
may review and delete any content, messages, TheDatePoint.com
Messenger messages, photos or profiles (collectively, "Content")
that in the sole judgment of TheDatePoint.com violate this Agreement
or which might be offensive, illegal, or that might 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 area of
TheDatePoint.com, you automatically grant, and you represent
and warrant that you have the right to grant, to TheDatePoint.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.
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The following is a partial list of the kind
of Content that is illegal or prohibited on the Website. TheDatePoint.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;
- 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;
- 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
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 TheDatePoint.com
cannot monitor the conduct of its Members off the Website, 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,
TheDatePoint.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 TheDatePoint.com deems appropriate
in its sole discretion.
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Copyright Policy |
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You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. 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,
please provide our Copyright Agent 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 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 above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf. TheDatePoint.com’s Copyright Agent for notice of claims
of copyright infringement can be reached as follows: General Counsel,
TheDatePoint.com c/o Ticketmaster 3701 Wilshire Blvd.; Los Angeles,
CA 90010.
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Subscription |
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If you sign up for multiple
subscriptions to TheDatePoint.com, you will be limited to only one
instance of TheDatePoint.com Messenger, regardless of the number
of subscribing accounts you may have with us.
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Member Disputes |
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You are solely responsible
for your interactions with other TheDatePoint.com Members. TheDatePoint.com,
Inc. reserves the right, but has no obligation, to monitor disputes
between you and other Members.
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Privacy |
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Use of the Website and/or the Service is also
governed by our Privacy Policy. |
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Disclaimers |
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TheDatePoint.com 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 or by any of the equipment or programming associated with
or utilized in the Service. TheDatePoint.com is not responsible
for the conduct, whether online or offline, of any user of the Website
or Member of the Service. TheDatePoint.com 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. TheDatePoint.com 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 or players 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 TheDatePoint.com 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 TheDatePoint.com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. TheDatePoint.com 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 |
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Except in jurisdictions where
such provisions are restricted, in no event will TheDatePoint.com
be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also
lost profits arising from your use of the Web site or the Service,
even if TheDatePoint.com has been advised of the possibility of
such damages. Notwithstanding anything to the contrary contained
herein, TheDatePoint.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 TheDatePoint.com
for the Service during the term of membership.
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U.S. Export Controls |
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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 |
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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 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 West Palm Beach
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Indemnity |
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You agree to indemnify and
hold TheDatePoint.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 this
Agreement and/or any breach of your representations and warranties
set forth above.
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Other |
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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 TheDatePoint.com
regarding the use of the Website and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
Click here to complete registration
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