By using the find-contacts Website
(the "Website") you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member ("Member"). If you wish to become a
Member and communicate with other Members and make use of find-contacts , read
these Terms of Use and indicate your acceptance of them by following the
instructions in the Registration process.
This Agreement includes find-contacts Acceptable Use
Policy for Content Posted on the Website, find-contacts Privacy
Policy, and any notices regarding the Website
Note: The materials which are available within this site may include graphic
visual depictions and descriptions of nudity and sexual activity and should not
be accessed by anyone who is younger than 18 years old or anyone who is
offended by such materials or who does not wish to be exposed to such
materials.
1.
Acceptance of Terms of Service
By completing the registration
process and clicking on the "join" button, you agree to be bound by these Terms
of Service and to use find-contacts in a manner consistent with all applicable
laws and regulations.
2.
Eligibility
To become a member you
must be 18 years of age or older. However, we cannot guarantee that each
member is at least this age, nor do we accept responsibility or liability for
any content, communication or any other access of the site by any person under
the age of 18. The Website is intended for adult use only and is void
where prohibited. 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. To use this site you must
register, when you register you agree to provide accurate information about
your self, and agree to maintain and keep the information up to date for as
long as you are a member. If the information you provide is found to be untrue,
we reserve the right to remove your ability to use this website, and terminate
this agreement along with any accounts that you might
hold. find-contacts reserves the right to terminate your account if
we learn that you have provided find-contacts with false or misleading
registration information.
3.
Termination
find-contacts may, at any time and
at its sole discretion, cancel any paid trial membership or monthly membership.
Find-contacts will only refund those subscriptions where there are more
than 1 month left and on a pro-rata basis. Termination can only be invoked by
Find-contacts and not by the Member.
4. Subscription Cancellation
Unfortunately there is no right of
cancellation or refund after payment and access to your silver & gold
membership accounts.
5.
Your Account and Password
We reserve the right to refuse any
potential account that contains a username that may be illegal, vulgar, a
registered trademark or that impersonates someone else; we determine the former
at out sole discretion. You are responsible for maintaining the confidentiality
of your member name and password. You are responsible for all uses of its
account, whether or not authorized by you. You agree to immediately
notify find-contacts of any unauthorized use of its account. You
agree to pay all charges that accrue to your account through your use or the
use of those authorized by you. You may cancel your account at any time by
Contacting us
here.
6.
Non Commercial Use by Members
The Website is for the personal
use of individual Members only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses may not
become Members and should not use find-contacts or the Website for any
purpose. Illegal and/or unauthorized uses of the Website, including collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized framing of or linking
to the Website will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive redress.
7.
Proprietary Rights in Content on find-contacts
Find-contacts retains
all proprietary rights in the Website and find-contacts. The Website contains
the copyrighted material, trademarks, and other proprietary information of
find-contacts, and its licensors. Except for that information which is in the
public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
8. Payment
and billing
To become a premium member
and enjoy additional functionality you will need to subscribe to one of our plans
for monthly or longer. All monthly
plans are re-billed automatically on expiry and thus in taking out a monthly plan you authorise us to renew your
account subscription
and re-bill your card. You may at any time up to 3 days before expiry of your monthly
subscription cancel your auto billing by turning it off; a link to do this
is contained within your account members area. In the event that your credit card is ever denied on the basis of insufficient funds
during an automatic renewal, we reserve the right to resubmit your credit card for
approval within ten days of the initial decline. We will not resubmit your credit
card, if you have made payment through another source.
9.
Code of Conduct
You alone are responsible for any
content you post on find-contacts, including but not limited to message board
posts, chat participation, personal ads and member profiles You agree to not
use find-contacts to:
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a. upload, post,
email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
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b. harm or
involve minors (those under age 18) in any way;
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c. impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
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d. forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through find-contacts;
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e. upload, post,
email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
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f. upload, post,
email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
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g. upload, post,
email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation
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h. upload, post,
email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
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i. disrupt the
normal flow of dialogue, cause a screen to "scroll" faster than other users
of find-contacts are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
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j. interfere
with or disrupt find-contacts or servers or networks connected to
find-contacts, or disobey any requirements, procedures, policies or regulations
of networks connected to find-contacts;
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k. intentionally
or unintentionally violate any applicable local, state, national or
international law and any regulations having the force of law;
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l. "stalk" or
otherwise harass another;
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m. collect or
store personal data about other users. or
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n. include in
your profile any telephone numbers, street addresses, last names, URL's or
E-mail addresses other than where asked for it by find-contacts.
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10.
Acceptable Use Policy for Content Posted on the Website License and Use of
Content
Find-Contacts does not claim
ownership of Content you submit or make available for inclusion on
find-contacts. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of find-contacts, you grant
find-contacts the following world-wide, royalty free and non-exclusive
license(s), as applicable:
" With respect to Content you submit or make available for inclusion on
publicly accessible areas of find-contacts the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content
on find-contacts solely for the purposes of providing and
promoting find-contacts 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 find-contacts and will terminate at the time you
remove or find-contacts removes such Content from find-contacts.
" With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of find-contacts the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on find-contacts 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 Find-contacts and will
terminate at the time you remove or Find-contacts removes such Content from
Find-contacts.
" With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
Find-contacts 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
We reserve the right to excerpt text quotes and pictures from Profiles, along
with your alias, and feature them in ads, supplements and content pages in the
marketing of Find-contacts and its partners. When you create a personal advert,
you are given the opportunity to opt out of having your photo excerpted for
print publication. By creating a profile through either the signup up process
or through later amendments and clicking on the join or save buttons, you grant
us permission to publish your Personals photo in any Find-contacts or personals
partner marketing efforts. If you do not want us to use your photo, uncheck the
box before previewing or saving a new profile. You can always uncheck this box,
however, please note that if you uncheck the box after previewing or saving
your profile with the permissions box checked, the change will not be effective
for 8 weeks
11. Indemnity
You agree to indemnify and hold
Find-contacts and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including
reasonable Legal fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through Find-contacts, your use of
Find-contacts, your connection to Find-contacts, your violation of the Terms
& Conditions, or your violation of any rights of another.
12. Limitation on Liability
Except in jurisdictions where such
provisions are restricted, under no circumstances will find-contacts be liable
to you or any third person for any indirect, consequential, exemplary,
incidental, or consequential loss of data or damages, both physical and
psychological, special or punitive damages, including also lost profits arising
from your use of the Web site or the Service, even if find-contacts
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, find-contacts 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 find-contacts for the
Service during the term of membership.
13. Modifications to Service
Find-Contacts reserves the right
at any time and from time to time to modify or discontinue, temporarily or
permanently, Find-contacts (or any part thereof) with or without notice. You
agree that Find-contacts shall not be liable to you or to any third party for
any modification, suspension or discontinuance of Find-contacts.
14. Dealings with Advertisers
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through Find-contacts, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Find-contacts shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on Find-contacts.
15. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a. Your use of
Find-contacts is at your sole risk. Find-contacts is provided on an "as is" and
"as available" basis. Find-contacts expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement.
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b. Find-contacts
Makes no warranty that
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I. Find-contacts
will meet your requirements,
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II.
Find-contacts will be uninterrupted, timely, secure, or error-free,
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III. the results
that may be obtained from the use of Find-contacts will be accurate or
reliable;
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IV. the quality
of any products, services, information, or other material purchased or obtained
by you through Find-contacts will meet your expectations, and
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V. any errors in
the software will be corrected.
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c. Any material
downloaded or otherwise obtained through the use of Find-contacts is done at
your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download
of any such material.
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d. No advice or
information, whether oral or written, obtained by you from Find-contacts or
through or from Find-contacts shall create any warranty not expressly stated in
the TAC.
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e. You do not rely on or use for any purchase decision
to upgrade to Premium (payable) products the number of flirts,winks, recorded views
of your advert/profile or messages received from other members, since we cannot
gurantee thier authenticiy or validity. If you choose to upgrade then you do so
understanding that find-contacts must be considered for entertainment purposes only.
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16.
Changes to this Privacy Policy
Find-contacts
may update this policy.
We will notify you about significant changes in the way we treat personal
information by sending a notice to the primary email address specified in your
Find-contacts account or by placing a prominent notice on our site
17. Emails
By registering as a member of this
Site you agree to accept from time to time such emails as members of
Find-contacts or Find-contacts itself shall send to the designated email
address unless you specifically request otherwise by Contacting find-contacts
suppport. You must also read and agree to our Privacy Statement. 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.
18.
Severability & Headings
If any provision herein is held to
be invalid or unenforceable for any reason, the remaining provisions will
continue in full force without being impaired or invalidated in any way.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
updated 01/01/2007 - FIND-CONTACTS TERMS & CONDITIONS