Terms of use
DEFINITIONS
“You” refers to the user of
this website and its related services, and as such you have gained the right to
use this website by respecting the applicable Terms of Use described in detail
below.
datingoverthirty.org
(“datingoverthirty.org”) is the exclusive owner and operator of datingoverthirty.org
(the website).
As used in this Agreement,
“we” and “us” means datingoverthirty.org or any successor or assign of datingoverthirty.org.
“Service(s)” refers to your
use of datingoverthirty.org for any purpose whatsoever.
OVERVIEW
This Terms of Use Agreement (the “Agreement”)
sets forth the terms and conditions which apply to your use of the
datingoverthirty.org website and all services offered by datingoverthirty.org. By
completing the sign up process you are indicating that you agree to be
bound by all of the terms in this Agreement. Please print and keep a copy of
this Agreement for your records.
We reserve the right, at any time, to change or
modify the terms and conditions applicable to your subscription. Such changes
will become effective upon notification, which we may effect by sending you
notice by email and posting a revised Agreement on this website, which you can
access at any time using the “Terms of Use” link. Your continued use of our
service after notification of such a change has been sent shall be deemed to
constitute acceptance by you of any such changes, modifications, additions or
deletions. You agree to review this Agreement periodically to be aware of any
such revisions.
ELIGIBILITY
You must be 18 years of age
or older to visit or use this website in any manner. By visiting
datingoverthirty.org or accepting these Terms of Use, you represent and warrant
to datingoverthirty.org that you are 18 years of age or older, and that you have the
right, authority and capacity to agree to and abide by these Terms of Use. You
also represent and warrant to datingoverthirty.org that you will use this website in a
manner consistent with any and all applicable laws and regulations.
PRIVACY OF INFORMATION
datingoverthirty.org collects personal information from
you in order to create your dating profile. datingoverthirty.org will not use or
disclose your personal information for purposes other than those described in
this policy.
datingoverthirty.org may also use third-party companies
to provide various services with regard to dating when you use this website. If you use those services, the internet
protocol address (IP address) of the computer you are using to access the
website may be disclosed to those third-party companies. datingoverthirty.org is not
responsible for the privacy practices of these third-party companies or any
other external websites linked to this site. We encourage you to read the
privacy statements of these other websites when you leave our website.
If we change our privacy policy, we will notify
you.
If you have any questions with respect to our
policies concerning the handling of your personal information, or if you wish to
request access to, or correction of, your personal information under our care
and control, please contact our Privacy Officer at: administrator *at*
datingoverthirty.org
By issuing this website 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.
You may not use the Service
for any unlawful purpose. If you use this service unlawfully we will pass along
all information to law enforcement. We may refuse to grant you an ID or nickname
that impersonates someone else, is protected by trade-mark or proprietary law,
or is vulgar or otherwise offensive, as determined by us in our sole discretion.
USER
AGREEMENT
This Agreement constitutes
your agreement with datingoverthirty.org with respect to your use of the Service. You
must agree to abide by all of the terms and conditions contained in this
Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE
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.
CODE OF CONDUCT
You agree to use the Service
in accordance with the following Code of Conduct:
a. 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;
b. you will not use the
Service to engage in any form of harassment or offensive behavior;
c. you will not forward
chain letters through the Service;
d. you will not use the
Service to infringe the privacy rights, property rights, or any other rights of
any person;
ii. is fraudulent or
otherwise unlawful or violates any law; and
i. you will not cause
the Service to be accessed through an automated or robotic means, including but
not limited to the rapid access of the site as in a denial-of-service attack.
Such restriction shall not apply to legitimate search engine activity which does
not place an unreasonable burden on the Service.
j. you will not use a
third-party application such as a mobile smart phone application, social media
or other Web page widget, or any other such mobile, social media, Web, or
desktop application to access the Service, except where such application is
either provided by us or endorsed by us. Such restriction shall not apply to a
browser application which merely displays the pages of the Service in their
entirety without modification or reformulation of content.
PROPRIETARY
INFORMATION
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 written permission of the owner of such information.
NO
RESPONSIBILITY
You acknowledge that we are
not responsible for suspension of the Service, regardless of the cause of the
interruption or suspension.
EXTERNAL
LINKS
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. We suggest that you
review the terms of use and privacy statements of such External Links prior to
using them.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content
distributed by datingoverthirty.org constitutes copyright infringement, please provide
us 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 our
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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE
datingoverthirty.org AND ITS RELATED SERVICES AT YOUR OWN RISK. datingoverthirty.org’S
SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION UNDER LAW.
datingoverthirty.org PROVIDES ON-LINE
PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED
INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS
THROUGH THE datingoverthirty.org WEBSITE AND OTHER MEANS OF DISTRIBUTION.
datingoverthirty.org DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR
OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON datingoverthirty.org. DUE TO
THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY datingoverthirty.org IS
OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. 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 datingoverthirty.org, 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.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL datingoverthirty.org, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT DISTRIBUTED BY datingoverthirty.org AS WELL AS ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF
THE USE OR INABILITY TO USE THE datingoverthirty.org SERVICE OR OUT OF THE BREACH OF ANY
WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO AND/OR ALTERATION OF THE datingoverthirty.org WEBSITE, NO MATTER WHETHER
SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER datingoverthirty.org HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH
LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT
APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY
EXCEED THE SUM OF $100.00 U.S. DOLLARS.
INDEMNITY
You hereby agree to indemnify, defend and hold
harmless datingoverthirty.org and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the “Indemnified
Parties”) from and against any and all liability and costs, including, without
limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement or
the foregoing representations, warranties and covenants. You shall cooperate as
fully as reasonably required in the defense of any such claim. datingoverthirty.org
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
MISCELLANEOUS
This Agreement represents the entire agreement
between you and datingoverthirty.org regarding the use of our services and supersedes
any other agreement or understanding on the subject matter. This Agreement, your
rights and obligations, and all actions contemplated by this Agreement shall be
governed by the laws of the State of Illinois. As a condition
of using datingoverthirty.org’s services, each user agrees that any and all
disputes and causes of action arising out of or connected with
datingoverthirty.org, shall be resolved through arbitration, with such
arbitration to be held in Chicago, Illinois.
Additionally, except where prohibited by law, as
a condition of using datingoverthirty.org services, you agree that any and
all disputes and causes of action arising out of or connected to our services
shall be resolved individually, without resort to any form of class action.
You also agree that regardless of any statute or
law to the contrary, any claim or cause of action arising from or related to the
use of datingoverthirty.org must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The failure of either party
to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
If any provision of this Agreement is found to be
unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and be enforceable. This Agreement is not assignable,
transferable or sublicensable without the prior written consent of datingoverthirty.org.
datingoverthirty.org may assign this Agreement in whole or in part. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement. Headings are for convenience only and have no legal or contractual
effect. All notices under this Agreement shall be in writing and shall be deemed
to have been duly given when receipt is electronically confirmed, if transmitted
by facsimile or email or upon receipt, if sent by certified or registered mail,
return receipt requested.
MODIFICATIONS
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.
DISCLOSURE
AND OTHER COMMUNICATION
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 datingoverthirty.org 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.
© datingoverthirty.org, 20010-2014
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