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 at its discretion refund subscriptions where there are more than 1 month
left and on a pro-rata basis on a case by case judgment. 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 the Website 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 at customer services.
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 orFind-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 support. 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 5/16/2008) -Find-Contacts TERMS &
CONDITIONS
