Right to Use
Adult
Code of Conduct
Membership Categories
Fees and Payments
Privacy and Use of Information
Monitoring of Information
Removal of Information
Termination of Access to Service
Proprietary Information
Responsibility
Security
External Links
Indemnity
Warranties
Advice Columnists/Horoscope
Modifications
Disclosure and Other Communication
Notice
Governing Law
Assignment
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
You represent, warrant and covenant that you are at least 18 years old.
You agree to use the Service in accordance with the following Code of Conduct:
- you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
- you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
- you will not forward chain letters through the Service;
- you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
- you will not post messages, pictures or recordings or use the Service in any way which:
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law;
- you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, rateanddate.com systems or to other members' systems in any way.
- You may not use the Service for any unlawful purpose.
Users of the Service may be unregistered visitors, members with Basic Membership, or members with Enhanced Membership. Visitors are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Basic Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Enhanced Members are allowed to access. Visitors and Basic Members are not charged by us for the features they can access. Enhanced Members are provided with access to additional features of the Service that are not available to visitors or Basic Members. In exchange for the fullest access, Enhanced Members are charged a membership fee.
MEMBERSHIP FEES ARE NON-REFUNDABLE.
You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.
You agree to our . You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service 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, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the membership period during which the interruption occurred. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by rateanddate.com, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
The Service may from time to time include messages from advice columnists. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counselor with respect to such issues. For this purpose, horoscope/astrology is considered to be included in advice.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any rateanddate.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Except as explicitly stated otherwise, any notices to rateanddate.com shall be given by e-mail to customersupport@rateanddate.com, and any notices to you shall be given by e-mail to the e-mail address you provide to rateanddate.com during the registration process, or such other address as a party may specify. Notice shall be deemed given 24 hours after an e-mail notice is sent, unless the sending party is notified that the address is invalid. Notices posted on our site are effective upon posting. We may also give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during your registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement sets forth the entire understanding and agreement between you and rateanddate.com with respect to the subject matter hereof. This Agreement and the relationship between you and rateanddate.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and rateanddate.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County and State of California. The failure of rateanddate.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. rateanddate.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of rateanddate.com, if rateanddate.com's obligations hereunder are assumed by a third party, rateanddate.com shall be relieved of any and all liability under this Agreement.
