The Single Sailor Terms of Use Agreement
Welcome
to The Single Sailor, the service for adults
to meet each others online operated by
From The Web To You, ("The Single Sailor"). By using the The Single
Sailor web site (the "Web site") 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 The Single Sailor 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 Web site
and your membership in the Service and may be modified by The Single Sailor
from time to time, such modifications to be effective upon posting by The
Single Sailor on the Web site.
1.
Eligibility.
You must be 18 or over to register as a member of The Single Sailor or use the
Web site. Membership in the Service is void where prohibited. By using the Web
site, 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.
2. Term.
This Agreement will remain in full force and effect while you use the Web site
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 My Account, or upon
receipt by The Single Sailor of your written or email notice of termination. The
Single Sailor 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 The Single
Sailor. If The Single Sailor 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.
3. Non
Commercial Use by Members.
The Web site is for the personal use of individual Members only and may not be
used in connection with any commercial endeavours. Organizations, companies,
and/or businesses
may not become Members and should not use the Service or the Web site for any
purpose. Illegal and/or unauthorized uses of the Web site, 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 Web site will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive redress.
4.
Proprietary Rights in Content on The Single Sailor.
The Single Sailor owns and retains all proprietary rights in the Web site and
the Service. The Web site contains the copyrighted material, trademarks, and
other proprietary information of The Single Sailor, 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.
5.
Content Posted on the Site.
a. You understand and agree that The Single Sailor may review and delete any
content, messages, The Single Sailor Messenger messages, photos or profiles
(collectively, "Content") that in the sole judgment of The Single
Sailor violate this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of The Single Sailor, you
automatically grant, and you represent and warrant that you have the right to
grant, to The Single Sailor 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.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Web site. The Single Sailor 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 libellous; 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) ; displays
pornographic or sexually explicit material of any kind; 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.
e. You must use the Service in a manner consistent with any and all applicable
laws and regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
g. 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 Single Sailor cannot
monitor the conduct of its Members off the Web site, 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, The Single Sailor
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 The Single Sailor deems
appropriate in its sole discretion.
6.
Copyright Policy.
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 Web site; 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.
7.
Disclaimers.
The Single Sailor is not responsible for any incorrect or inaccurate Content
posted on the Web site or in connection with the Service, whether caused by
users of the Web site, Members or by any of the equipment or programming
associated with or utilized in the Service. The Single Sailor is not
responsible for the conduct, whether online or offline, of any user of the Web
site or Member of the Service. The Single Sailor 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 Single Sailor
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 web site 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 Single Sailor be responsible for any
loss or damage, including personal injury or death, resulting from anyone's use
of the Web site or the Service, any Content posted on the Web site or
transmitted to Members, or any interactions between users of the Web site,
whether online or offline. The Web site and the Service are provided
"AS-IS" and The Single Sailor expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. The Single Sailor cannot
guarantee and does not promise any specific results from use of the Web site
and/or the Service.
8.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will The
Single Sailor 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 The Single Sailor
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, The Single Sailor’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 The Single Sailor for the
Service during the term of membership.
9.
Indemnity.
You agree to indemnify and hold The Single Sailor, 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.
10. Other.
This Agreement, accepted upon use of the Web site and further affirmed by
becoming a Member of the Service, contains the entire agreement between you and
The Single Sailor regarding the use of the Web site 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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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