You must be at least 18 years old to register on or use the
SinglePeopleCity.com website. Access or use of this site or its contents
by any person under the age of 18 is strictly prohibited.
SinglePeopleCity.com is an online service for adults who are in
search of long-term partners that share mutual or similar interests,
wants, needs, and is operated by Swishcom ("SinglePeopleCity.com" or
"we" or "us").
By using the SinglePeopleCity.com Website (the "Website") you
agree to be bound by these Terms of Use (this "Agreement"), whether
or not you register as a Non Resident or Resident type member ("Member").
This Agreement sets out the legally binding terms of your use of the
Website (except for those terms that are specifically designated as
applying only to registered members). The terms of this Agreement
may be modified by SinglePeopleCity.com from time to time, effective
when posted by SinglePeopleCity.com on the Website. By using the Website, you represent and
warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions
of this Agreement.
1. Member Eligibility and Terms. If you wish to become a
Member and communicate with other Members and make use of the
SinglePeopleCity.com service (the "Service"), read these Terms of Use
and indicate your acceptance of them by following the instructions
in the Registration process. You must be 18 years old or over to
register as a member of SinglePeopleCity.com and use the Service. This
Agreement sets out the legally binding terms of your membership in
the Service. It may be modified by SinglePeopleCity.com from time to
time, effective when posted by SinglePeopleCity.com on the Website.
Membership in the Service is void where prohibited.
2. Term and Termination. This Agreement will remain in full
force and effect while you use the Website and/or are a Member. You
may terminate your membership at any time, for any reason by
following the instructions on the Resign pages in Account Settings,
or on receipt by SinglePeopleCity.com of your notice of termination by
email, fax or mail. SinglePeopleCity.com may terminate your membership
for any reason, effective on sending notice to you at the email
address you provide in your application for membership or another
email notice address that SinglePeopleCity.com
received from you. If SinglePeopleCity.com terminates your membership in
the Service because you have breached the Agreement, you will not be
entitled to any refund of unused subscription fees. Even after this
Agreement is terminated, the following provisions of this Agreement
will remain in effect: sections 5, 6, 10, 11, 13, 14, 15 AND 16. SORRY, NO REFUNDS
OR CREDITS
3. Username and Password. As part of the member
registration process, you will be asked to select a Username and Password. We may refuse to accept any
Username for
any reason, including that the proposed Username impersonates
someone else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as we determine in our sole
discretion. You are responsible for the confidentiality and use of
your Username and Password and agree not to transfer or resell your
use of or access to the Site to any third party. If you have reason
to believe that your account is no longer secure, you must promptly
change your Password by updating your account information, available
at the 'Control Panel' Page after logging on to SinglePeopleCity.com, and
immediately notify us by emailing us at
mayor@www.singlepeoplecity.com. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorized Use. The Website and the Service are for the
personal use of individuals only, for purposes consistent with the
Website and Service. You may not use the Website or Service in
connection with any commercial or group activities. Organizations,
companies or businesses may not become Members and may not use the
Service or the Website for any purpose. Collecting Usernames, or email addresses of members, or other information on
the Website, by electronic or other means, is prohibited. Framing of
or linking to the Website without written permission from us is
prohibited.
5. Proprietary Rights in Content on SinglePeopleCity.com. SinglePeopleCity.com
owns and retains all proprietary rights in the Website and the
Service. The Website contains copyrighted materials, trademarks, and
other proprietary information of SinglePeopleCity.com and its licensors.
You may not copy, modify, publish, transmit, distribute, perform,
display or sell any Website material or information.
6. Content Posted on the Site.
- You are solely responsible for any materials (including
profiles or photos) and messages (including SinglePeopleCity.com
Chat Room messages, Member inserted text ad descriptions and
internal email messages) (collectively, "Content") that you publish or
display (hereinafter, "post") on the Website or via the Service,
or transmit to other Members.
- By posting Content to any public area of
SinglePeopleCity.com, you
automatically grant, and you represent and warrant that you have
the right to grant to SinglePeopleCity.com an irrevocable, perpetual,
non-exclusive, non or fully paid, worldwide license to use, copy,
perform, display, distribute and sell 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.
- You understand and agree that
SinglePeopleCity.com may review and
remove any Content that in the sole judgment of
SinglePeopleCity.com,
violates this Agreement or which, in the sole discretion of
SinglePeopleCity.com, might be offensive or illegal or might violate
the rights of, harm, or threaten the safety of Members.
- The following is a partial list of the kind of Content that is
prohibited on the Website. SinglePeopleCity.com reserves the right to
investigate and take appropriate action in its sole discretion
against anyone who violates this provision, including without
limitation, removing the offending communication from the Website
and Service and terminating the membership of such violators. It
includes Content that:
- may be offensive to Website users, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or
unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- promotes or enables unauthorized copying of another person's
copyrighted work, such as providing computer programs or links
to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing music
or links to music files;
- contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
- exploits anyone under the age of 18 in a sexual or violent
manner;
- solicits personal information from anyone under
the age of 18;
- provides instructional information about illegal or
potentially harmful 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, unauthorized or unlawful purposes from other users;
and
- engages in commercial activities and/or sales such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Website and the Service in a manner
consistent with any and all applicable laws and regulations.
- You may not include in your Member
Account Profile any telephone
numbers, street addresses, last names, URLs or email addresses.
- 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 SinglePeopleCity.com cannot monitor the
conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from
such advertising or solicitation, SinglePeopleCity.com reserves the
right to restrict the number of emails that a Member may send to
other Members in any 24-hour period to a number which
SinglePeopleCity.com deems appropriate in its sole discretion.
- WARNING: It is possible that other Members or users
(including unauthorized users, or "hackers") may post or transmit
offensive or obscene materials on the Website and that you may be
involuntarily exposed to such offensive and obscene materials. It
also is possible for others to obtain personal information about
you due to your use of the Service, and that the recipient may use
such information to harass or injure you. SinglePeopleCity.com is not
responsible for the use of any personal information that you may
choose to disclose on the Service. Please carefully select the
type of information that you post on the Service or release to
others.
7. 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 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. SinglePeopleCity.com's Copyright Agent for
notice of claims of copyright infringement can be reached using the following
address (all other inquiries will be returned):
Swishcom
3650 Nazareth Pike, #198
Bethlehem, PA 18020-1115 email:
mayor@www.singlepeoplecity.com
8. Member Disputes. You are solely responsible for your
interactions with other SinglePeopleCity.com Members.
SinglePeopleCity.com reserves the right, but has no obligation, to monitor disputes
between you and other Members, arising from or related to the
Website. SORRY, NO REFUNDS
OR CREDITS
9. Privacy. Use of the Website and the Service is subject to
our Privacy Policy, which is part of this Agreement with you.
10. DISCLAIMERS. SinglePeopleCity.com is not responsible for any
incorrect or inaccurate Content posted on the Website or in
connection with the Service, whether caused by users of the Website,
Members or by any of the equipment or programming associated with or
utilized in the Website or the Service.
SinglePeopleCity.com is not responsible for the conduct, whether online
or offline, of any user of the Website or Member of the Service.
SinglePeopleCity.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, user or Member communications.
SinglePeopleCity.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure
of email or players on account of technical problems or traffic
congestion on the Internet or at the Website, 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 Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND
SINGLEPEOPLECITY.COM EXPRESSLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
SinglePeopleCity.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service. SORRY, NO REFUNDS
OR CREDITS
11. Limitation on Liability. You assume full responsibility
and risk for your use of the Website and the Service. Under no
circumstances will SinglePeopleCity.com be responsible for any loss or
damage, including personal injury or death, resulting from anyone's
use of the Website or the Service, any Content posted on the Website
or transmitted to Members, or any interactions between users of the
Website, whether online or offline. SinglePeopleCity.com and its
affiliates are not liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive
damages arising from your use of the Web site or the Service, even
if SinglePeopleCity.com has been advised of the possibility of such
damages. If you live in a state whose laws prevent you from taking
full responsibility for your use of the service, our liability is
limited to the greatest extent allowed by law.
SinglePeopleCity.com's
liability to you for any cause whatsoever, and regardless of the
form of the action, will at all times be limited to the amount paid,
if any, by you to SinglePeopleCity.com for the Service during the term
of membership.
12. U.S. Export Controls. Use of this Website is subject to
United States export controls. No use of the Website or Service is
permitted by (i) a national or resident of Cuba, Iran, Iraq, Libya,
North Korea or Syria, or any national or resident of any other
Country to which the U.S. has embargoed goods or (ii) anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders or Denied
Persons List. By using the Website or the Service, 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.
13. Disputes. If there is any dispute between us about or
involving the Website or the Service, you agree that the dispute
will be governed by the laws of the State of Pennsylvania without
regard to its conflict of law provisions. You agree to personal
jurisdiction and venue in the state and federal courts located in
Northampton County in the State of Pennsylvania.
14. Indemnity. You agree to indemnify and hold
SinglePeopleCity.com, its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the Website or the
Service in violation of this Agreement or arising from a breach of
this Agreement or any breach of your representations and warranties
set forth in this Agreement.
15. Other. This Agreement, accepted on your use of the
Website and further affirmed by becoming a Member of the Service,
contains the entire agreement between you and SinglePeopleCity.com
regarding the use of the Website and the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
16. Miscellaneous.
SinglePeopleCity.com's Real Estate is fictitious. Members cannot
claim any virtual city property.
Please contact us with any
questions regarding this agreement. SinglePeopleCity.com is a
trademark of Swishcom.
SinglePeopleCity.com Terms and Conditions Last Updated: January 31,
2006 |
