Terms and conditions of use
Terms and conditions of use
Welcome to DateMall, a service of Datemall Networks. (hereinafter referred to as ”Datemall Networks”,”DateMall”,”DateMall Site”,“site” or “service”). Your agreement to all the terms and conditions of this agreement (“Agreement”) is required before you can use DateMall’s services. If you do not agree to the terms and conditions, set forth below, you will not be authorized to use the ‘adults only’ portions of the website nor will you have permission to access the servers hosting DateMall to view or otherwise use any “adults-only” content available in, at or through the website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR VIEWING CONTENT FROM THE DATEMALL SITE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
DateMall reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without notice. We will post changes to these Terms and Conditions of Use and User Agreement on the Terms and Conditions of use page and will indicate at the top of the Terms of use page the date these terms were last revised. Your continued use of the Service or the site after any such changes constitutes your acceptance of the new Terms and Conditions or Use. If you do not agree to abide by the Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
1. Parties To This Agreement and Consideration
The parties to this Agreement (“Agreement”) are you and Datemall Networks, the operator of DateMall.net & DateMall.com (the “Company”). As used in this agreement, the terms “we” and “us” are used interchangeably to refer to the Company ( also referred to as ”Datemall Networks”,”DateMall”,”DateMall Site”,“site” or “service”). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and DateMall, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content
You hereby acknowledge that the Content made available at, in, through and in association with DateMall by Datemall Networks and/or other parties that may provide Content available at, in, through or in association with DateMall (“Affiliated Content Providers”) and other materials available at, in through, or in association with DateMall, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal enjoyment.
3. Age-Restricted Materials And Age Restricted Access
No persons under the age of 18 years (21 years in places where 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Affirmation That You Are An Adult
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).
5. You acknowledge that you understand
That there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding links are provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. Datemall Networks is not affiliated with them.).
6. Eligibility
Membership in DateMall is for adults only and void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement, and furthermore certify that:
6.1 You shall not permit any other person(s) to access the Site through Your
actions or omissions.
6.2 You choose to access the Site voluntarily, because you want to view, read or hear the various materials, which may be available, for your own personal enjoyment, information, entertainment or education.
6.3 You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
6.4 In Your judgement, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.
7. Accounts and Passwords
You are responsible fro maintaining the confidentiality of your Member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify DateMall of any unauthorized use of your account. You agree to pay all charges that accrue to your account through your use of the Site.
8. Membership
There are different tiers of membership that may be available to You through the Website. The highest tier membership has the most access to Member Content contained on the Site.
9. Consequences Of Fraudulent Age Or Location Representation
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Provider, by a minor or by any person constitutes the unauthorized accessing of the Company’s computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. § 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal Penal Code “502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the company’s copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers’ Content on the Company’s computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company’s copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.
10. Grant Of Limited License
You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult, over the age of 18 the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
11. Fees and Cancellation
Usage or subscription fees might have been charged to you upon registration, You hereby acknowledge and agree that unless you were terminated for violating the Site’s Terms and Conditions of Use if you cancel your membership, or if your membership is cancelled by DateMall, your username and password will be removed from the system immediately. You agree that if you cancel at any time after purchasing a Membership to DateMall (for example, 15 minutes after you sign up), you will still be charged the full Membership fee for the applicable period.
11.1 To cancel your monthly Membership you must notify DateMall of your cancellation by e-mail to the billing department at least Five (5) Days before the expiration date of your then current membership term. To cancel this agreement, mail or deliver a signed and dated notice, which states that you, the buyer, are cancelling this agreement, or words of similar effect. This notice must be emailed to: Support [at] Datemall.com
12. Termination of Your License to use Website
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.
13. Important Access and Use Restrictions
You acknowledge and agree that You may only access, view, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and conditions associated with the acquisition of Website content Provider’s Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time. You may NOT use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the website or any Website Content Providers’ Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Providers’ Content, in whole or in part, on any web page, including on any personal web page You own or be affiliated with, including but not limited to any social network page (e.g. Facebook or Myspace), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
14. Service Marks
DateMall is a Service marks licensed by the Company. No use of this mark by You or any other User shall be permitted except through the prior written authorization and permission of the Company. All rights reserved.
15. Content Posted by Members:
15.1 DateMall claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that DateMall may delete any content, messages, photos or profiles (collectively, “Member Content”) that in the sole judgement of DateMall violates the Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of DateMall or its Members.
15.2 You are solely responsible for the content that you publish or display (hereinafter, “post”) on the DateMall Site, or transmit to other DateMall Members through our service.
15.3 By posting content to any area of DateMall, you automatically grant, and you represent and warrant that you have the right to grant, to DateMall and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such as information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy
15.4 Datemall shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kinds of content that is illegal or prohibited on the Site. It includes, but is not limited to, 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 or invades their privacy; involves the transmission of “junk mail” , “chain letters” or unsolicited commercial e-mail 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-protected 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 that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; 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; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without prior written consent such as contests, sweepstakes barter, advertising, and pyramid schemes.
15.5 You agree to use the DateMall Service in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
15.6 You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. 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 DateMall Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to DateMall by our users or third parties.
15.7 You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the website. You will not transmit any chain letters or junk email to other DateMall members. Although DateMall cannot, and does not, monitor the conduct of its members on the DateMall 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.
15.8 Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, Members registered to other sites operated and powered by Datemall, e.g. co-branded, privately labelled, etc. This feature may allow you to interact with Members of other affiliated websites.
15.9 Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
16. Acceptable Use Policy for Content Posted on the Website:
16.1 Datemall does not claim ownership of any content you submit or make available for inclusion on the Datemall Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Datemall Site, you grant Datemall the following world-wide, royalty free and non-exclusive license(s), as applicable.
16.2 With respect to Content you submit or make available for inclusion on publicly accessible areas of the DateMall Site the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Datemall Site solely for the purposes of providing and promoting the Datemall Site and Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Datemall Site, and will terminate at the time you remove such Content or Datemall removes such Content from the Datemall Site.
16.3 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Datemall, You give Datemall the license to use, distribute, reproduce, modify, adept, publicly perform and publicly display such Content on the Datemall site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Datemall Site and will terminate at the tie you remove such Content, or Datemall removes such Content from the Datemall Site.
16.4 With respect to Content other then photos, graphics, audio, or video you submit or make available for inclusion on accessible areas of the Site. You grant to Datemall the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
16.5 We reserve the right to excerpt text quotes and pictures from profiles or Featured members, along with your handle (member/user name), and feature them in ads, supplements and content pages in the marketing of the Datemall Site and its partners.
17. Indemnification for Unauthorized Use of Content, Website, or Other Proprietary Materials.
You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the company’s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying, or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney’s fees and all litigation and criminal defense costs.
18. You may not Transfer or Assign Your rights or Other Privileges.
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the website, and you acknowledge that any attempted transfer or assignment of such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or website affiliates strictly confidential, and You hereby agree to do so. If you use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate our authorized access to password protected areas. Any sharing of passwords of any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if you become involved in any violation of system security of if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
19. Code of Conduct
You agree, warrant and covenant to use the Website in accordance with the following Cod of Conduct and that we may terminate your rights to use or access the Website and/or Content for violating any of these provisions:
19.1 You will not use the Website to engage in any form of illegal conduct, harassment of offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contains libellous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
19.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the company’s rights, Website affiliate’s rights or any other Website user’s rights.
19.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which you desire to have such content delivered or transmitted.
20. Authorization and Permission to Communicate with You
Please read our PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to you from the Company and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and trans-sexuality. You agree that the Company shall not be under any obligation or restriction regarding the sale of your email information to any third parties for any purpose. Moreover, you agree that your request, authorization and permission to the Company send you such materials and communications herein shall continue to be in effect unless and until you notify the Company that you wish to be deleted from the company’s email list, in which case, You acknowledge and agree that the Company shall be obligated only to delete you from its email list and not eh email list(s) of any third parties regardless of how such parties obtained your email through the Company. You acknowledge and agree that you will need to contact such third parties to be deleted from their email list(s).
20.1 Opt-out and Cancellation Provisions.
At any time, you may opt out of future e-mailings and cancel your receipt of e-mails form the Company by editing your account preferences within your profile
At any time, you may opt out of future e-mailings and cancel your receipt of e-mails form the Company by editing your account preferences within your profile
20.2 Acknowledgment of Privacy Policy.
You hereby acknowledge the Company’s Privacy Policy and waive any claims against the company that arise out of in relation to any matter relating thereto. Privacy Policy
You hereby acknowledge the Company’s Privacy Policy and waive any claims against the company that arise out of in relation to any matter relating thereto. Privacy Policy
20.3 No actions resulting from registration in “No Contact” Registries.
You hereby agree that you will not bring any action against Company, any Website Content Providers, or any of the Website’s affiliates or any of the aforementioned parties’ principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point you have provided to the company and/or one or more Website Content Providers after indicating that you have given the Company and/or such Website Content Providers permission to send you email, e.g., as you have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website’s affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 20.3 and for any actions against the Company, Website Affiliates, and/or and Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending you email that you have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send you.
You hereby agree that you will not bring any action against Company, any Website Content Providers, or any of the Website’s affiliates or any of the aforementioned parties’ principals, employees or agents as a direct or indirect consequence of your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point you have provided to the company and/or one or more Website Content Providers after indicating that you have given the Company and/or such Website Content Providers permission to send you email, e.g., as you have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website’s affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 20.3 and for any actions against the Company, Website Affiliates, and/or and Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending you email that you have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send you.
21. Use of the Website to Communicate with Other Users, Website Affiliates or Website Content Providers.
Except as previously stated, the Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the website or between a user and any individual website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure your own personal safety and privacy in the event that you choose to communicate with, or meet with any person with whom you have communicated through the use of any public areas or chat areas of the website, if any, or through materials provided by the Company, a Website affiliated or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the company does not screen communications between Website affiliates or Website Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
21.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if you make use of the service, Your agree that you will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libellous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the website.
21.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which you submit, publish, display, disseminate, or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
21.3 If the Company provides any such service described herein, You agree that all messages and other communications by you shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree the You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/ or other agents of Company whether or not they are the intended recipient(s).
21.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
21.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in out sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Websites, or to be otherwise unacceptable.
21.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that you shall remain solely responsible for any information You send, display, or receive through the website even if a claim should arise relating thereto after termination of service.
21.7 Communications in Chat Room or Public Areas Not Private.
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
22. Disclaimer and Limitation of Liability Regarding Website Content Providers, Company Affiliates, Other Website Users and Other Third Parties.
22.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, the company’s affiliates, any Website Users or any other third parties.
22.2 You further acknowledge that you understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
22.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgement to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
22.4 Some of the materials that you might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
22.5 You acknowledge that you understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that you voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that you release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
22.6 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials you may receive from the Company, Website affiliates or Website Content Providers.
23. No Representation, Guarantee or Warranty that Website or Content Associated therewith is Free of Harmful or Malicious Code.
You understand that neither Company, Website affiliate nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (“Harmful Code”). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that you might lose because of Harmful Code. Neither the Company, website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to your computer(s) or any other devices through your use of the Website or any Content or other materials you may obtain in association therewith.
24. Disclaimers; No Warranties; Your Use of This Site is at your Own Risk.
You hereby agree that the use of all the materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers, or any of the company’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content of any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph (24), this disclaimer may not apply to you and You may have other legal rights that very from state to state or by jurisdiction.
25. Limit of Company’s, Website Content Providers’ and Website Affiliates’ Liability.
Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website set forth herein, and to access Content made available to You by Website Content Providers’ and/or affiliates’, You agree that any and all liability that might be attributable to the Company, Website Content Providers or Website affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website and/or Website Content Providers’ or affiliates’ Content, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for access to the Website or for the Content You accessed at the Website or (2) fifty dollars ($50.00USD). Some states do not allow the limitation of exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to you, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
26. Waiver of Section 1542.
With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that you are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
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. You hereby expressly waive any and all rights under Section 1542 and under and other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
27. Cooperation With Law Enforcement.
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators or Website from any and all claims resulting from any and all actions taken by any of the foregoing during or as a result of any law enforcement authority’s investigations.
28. Notices to Company
Notices to Company or user notices from the Website to authorized users may be given by means of electronic messages of by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at: Support [at] Datemall.com
29. Entire Agreement
This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the Datemall website.
30. Dispute Resolutions; Choice of Law; Arbitration; Venue and Jurisdiction.
You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features, or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of CANADA. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
30.1 Choice of law.
You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed by the substantive statutory and common law of CANADA.
You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed by the substantive statutory and common law of CANADA.
30.2 Arbitration.
Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in Canada, in accordance with the rules of the proper jurisdiction. The final award in any such arbitration proceeding shall be subject to entry as a judgement by any court of competent jurisdiction, provided that such judgement does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of CANADA. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the company’s sole discretion shall elect the dispute to be resolved by new arbitrators.
Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in Canada, in accordance with the rules of the proper jurisdiction. The final award in any such arbitration proceeding shall be subject to entry as a judgement by any court of competent jurisdiction, provided that such judgement does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of CANADA. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the company’s sole discretion shall elect the dispute to be resolved by new arbitrators.
30.3 Venue and Jurisdiction.
You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be CANADA. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, in CANADA. You hereby consent and stipulate to the jurisdiction of the Courts of CANADA.
You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be CANADA. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, in CANADA. You hereby consent and stipulate to the jurisdiction of the Courts of CANADA.
31. Member Disputes:
Datemall does not solicit or control the information provided by any Member that may be made available through our system. you may find other user’s information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for you interactions with other Datemall members. Because Datemall is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed ot used information on the Datemall Site, you agree to release Datemall, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
32. U.S. Export Controls:
Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported:
32.1 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
32.2 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.
33. Unenforceability of Provisions
You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
34. Non-Waiver
You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either’s assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provisions(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
35. Affirmation of Agreement;
You acknowledge You Have Read this Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, or by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website, or by obtaining Content from any Website Content Providers, You agree that you are acknowledging and affirming that you have read this entire Agreement and that you agree to all its terms, conditions, warranties and other provisions. You further agree that your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of your credit card for payment of charges for Content and each time you access any restricted part of the Website.
36. No Authorization to Acquire Content or Use Adults Only Part of the Website without Full Agreement.
You acknowledge and agree that unless you expressly agree with all the terms of this Agreement, you will not be authorized to access the company’s or the company’s agent’s computers or servers to download or otherwise use the Website, to acquire access to the “adults only” portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Website affiliates or any Website Content Providers.
37. Mutually Drafted
Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Agreement, both you and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If you would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please contact the Company at: < a href=mailto:support@datemall.com>Support [at] Datemall.com. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website you hereby agree that you shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require you to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that you have either consulted with an attorney prior to agreeing to the provisions of this Agreement or you expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.