Please read the following User Agreement. When you sign up for any service within Webdate.com, all of which are hereinafter referred to collectively as the "Service" or download the Service’s Desktop Application Software “the Software”, you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you and the Service. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICE OR THE SOFTWARE, MUST NOT PROCEED TO REGISTER AND YOU MUST NOT CONTINUE WITH THE INSTALLATION OF THE SOFTWARE. BY CONTINUING WITH INSTALLATION OF THE SOFTWARE AND/OR USE OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS SERVICE USER AGREEMENT (THE “AGREEMENT”).
TERMS AND CONDITIONS
The Agreement embodied by these Terms and Conditions constitutes your agreement with Webdate, Inc. (“we” or "WEBDATE") with respect to your use of the Service and the Software. 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. As used in this Agreement, "we" and "us" mean WEBDATE, or any successor or assign of WEBDATE.
Right to Use
Your right to use the Service and Software is subject to these Terms and Conditions, as such Terms and Conditions may be altered by WEBDATE, in its sole discretion, from time to time. We may alter, suspend or discontinue any aspect of the Service and/or Software at any time, including the availability of any Service and/or any Software feature, database or content. We may also impose limits on certain features and aspects of the Service and/or the Software or restrict your access to parts or all of the Service without notice or liability.
The Service and Software are intended for adults only. You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”). If you continue with registration to WEBDATE, use of the Service and/or installing the Software in violation of this section, it may result in legal action against you.
Code of Conduct
You agree to use the Service and the Software in accordance with the following Code of Conduct:
a) You are solely
responsible for any information that you display when using the
Service and/or the Software or to other members. You agree that all
such information provided by you shall be truthful and lawful. You
will keep all information provided to you through the Service and/or
the Software as private and confidential and will not give such
information to anyone without the permission of the person who
provided the information through the Service and/or the Software;
b) You are aware that the Service and or the Software may contain explicit adult oriented materials, including but not limited to photos and text, provided by consenting users and agree to hold WEBDATE harmless for such explicit adult oriented materials;
c) You will not use the
Service or the Software to engage in any form of harassment or
offensive behavior, including but not limited to the posting of
communications, pictures or recordings, which contain sexually
explicit conduct, libelous, slanderous, abusive or defamatory
statements, or racist, pornographic, obscene, or offensive
d) You will not use the Service or the Software to infringe the privacy rights, property rights, or civil rights of any person;
e) You will not post messages, pictures or recordings or use the Service and/or the Software in any way which
violates, plagiarizes or infringes upon the rights of any third
party, including but not limited to any copyright or trademark law,
privacy or other personal or proprietary right(s), or
ii. is fraudulent, violates any law or is otherwise unlawful.
f) You will not
authorize others to use the Service or Software and you may not
transfer, trade or share accounts with anyone;
g) You will not use the Service or Software to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
h) You will not forward chain letters through the Service or the Software;
i) You may not use the Service and/or Software for any unlawful purpose;
j) You acknowledge that may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
j) You further acknowledge and agree that we have no duty and assume no obligation to check for such vulgar, infringing or offensive content; however, we may at anytime make such determination and block your use of such content.
Privacy and Use of Information
Your personal information will not be sold to any third party.
You acknowledge that
(a) We cannot ensure the security or privacy of information you provide through the Service, the Software or any and all messages sent through the Service or Software. You hereby release WEBDATE from any and all liability in connection with the use or misuse of such information, including but not limited to invasion of privacy and misappropriation, by any and all parties who may receive or come into contact with such information;
(b) We are not responsible for, and cannot control, the use of the Service and/or Software by anyone and their use of any information which you may provide to them. You acknowledge that it is your duty to exercise caution in selecting the personal information you provide through the Service and/or Software. You hereby release WEBDATE from any and all liability arising from anyone’s use of information you have provided to or through the Service and/or Software;
(c) We cannot and do not assume any responsibility for and you hereby release WEBDATE from any liability for the content of messages sent by others through the Service or Software nor for any information posted by others on the Service or Software, and you release WEBDATE from any and all liability in connection with the contents of any communications you may receive from others in connection with your use of the Service and/or Software;
(d) You understand that by signing up to the WEBDATE service, you will automatically be provided with a membership to one of our sister websites, which membership you may terminate at anytime without effecting your membership to WEBDATE;
(ed) You acknowledge that you will not sue WEBDATE nor any of its employees for any damages done to you through the site; and
(fe) Any and all images uploaded to WEBDATE become property of WEBDATE and may be used by WEBDATE, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to WEBDATE for marketing this site in our sole discretion.
No Warranties or Guarantees
You acknowledge that WEBDATE has made no representations about the effectiveness, safety or security of the Service or the Software, and you agree WEBDATE has no liability to you or any third party arising out of your use or the use of your account on the Service and/or Software
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service. You assume all risk that the data and/or images contained in any user’s profile, email or otherwise may be out of date, misleading or fraudulent, including but not limited to such user’s age or marital status. You agree WEBDATE has no liability to you for any such incorrect, misleading or out of date information you receive or access through the Service and/or Software.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a Site;
(d) your address, telephone number, and email address;
(e) a 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; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 975-9150
Fax: (407) 774-6151
Please do not send other inquires or information to our Designated Agent.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the Code of Conduct and these Terms and Conditions, which may be altered from time to time, in our sole discretion. It is your duty to check the Terms and Conditions and Code of Conduct for any changes. If you do not agree to any such changes you must cancel your account immediately. We also reserve the right to monitor all messages and chats that take place through the Service or Software; provided, however, that we assume no duty to, and you agree WEBDATE has no responsibility to do any such monitoring. We are not responsible for any offensive or obscene materials that may be transmitted or posted by anyone (including authorized and unauthorized users, as well as the possibility of "hackers"). We are also not responsible for the use of any personal information that a user may choose to post on the Service.
Removal of Information
While we do not and cannot review every message, photo, text or other material posted or sent by anyone (collectively, “Materials”) using the Service or Software, and are not responsible for any content of these Materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or Terms and Conditions then in effect, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service and/or the Software or users of the Service and/or the Software.
The Service and the Software contain information, which is proprietary to us and to our users. We assert full copyright protection in the Service, the Software and any and all information contained therein. Information posted by us or other on 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.
For so long as you are a member in good standing with WEBDATE, you are hereby granted a revocable, non-exclusive, non-transferable license to use the Software. The license granted to you herein, in no way grants any rights to the intellectual property contained therein. You acknowledge and agree that all intellectual property rights, whether statutory or arising out of common or natural law, rest with WEBDATE and that you have no claim or interest in such intellectual property because of your use of the Software or Service. You further acknowledge and agree that any and all attempts to reverse engineer, pirate, create a derivative work or in anyway alter the Software (collectively “Forbidden Actions”) are a violation of this Agreement which will result in the immediate termination of your membership and access to WEBDATE, the Software and the Service. You additionally acknowledge that any materials resulting from Forbidden Actions undertaken by you, or undertaken as a result of your membership or use of the Service, are the absolute and sole property of WEBDATE and that you will be liable to WEBDATE for any and all profits or profit losses deriving from such Forbidden Actions.
You acknowledge that any attempt by you to or a third party, using your copy of the Software, to undertake any Forbidden Actions may result in a lawsuit against you for such conduct,. You further acknowledge that you are liable for such conduct even when resulting from “hacking” or other unauthorized use of your computer, system or network by third parties.
WEBDATE’s Exercise of its Rights
Any failure on the part of WEBDATE to exercise any of its rights arising from this Agreement and/or under Florida or Federal Law, whether intentional or unintentional, shall not be construed in any way as waiver of such right or consent to the conduct or absence of conduct on the part of the user or arising from the use of user’s name and password. WEBDATE shall have as long as the governing Statute of Limitations, whether based in Florida law or Federal law, to bring any and all actions or exercise any and all of WEBDATE’s rights whether arising hereunder, by Florida law or Federal law. WEBDATE may only waive its rights in a writing explicitly expressing it desire to waive such rights, signed by a principal of WEBDATE.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service and the Software by users using your password, including but not limited to use of your password by any third party. If you have reason to suspect a third party may have knowledge of your password, it is your responsibility to change your password and inform WEBDATE, otherwise you hereby agree that you will be solely responsible for any conduct arising from such third party’s use of your account.
The Service and/or the Software may from time to time contain links to other sites and resources ("External Links"). You hereby acknowledge and agree that WEBDATE is not responsible for, and has no liability as a result of, the availability of External Links or the contents of such links.
You hereby agree to indemnify WEBDATE, including but not limited to the corporation, its officers, directors, employees and agents, from any loss(es) or damage(s), including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service and/or the Software, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you, including any such activities or use by any and all third parties using your account. You shall cooperate as fully and reasonably required in the defense of any claim. WEBDATE reserves 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.
Advice Columnists and Facilitators
The Service and/or the Software may, from time to time, include messages from advice columnists who respond to questions, mainly about “relationships”, from users. Any statements made by any advice columnist is provided for entertainment purposes only, and is 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(s), are urged to consult with a qualified counselor with respect to such issues. Additionally, from time to time the Service may employ facilitators to encourage member involvement and participation. However, no such facilitator will misrepresent themselves as an actual member in any email or instant message dialogue nor will any such facilitator have any contact with any members other than through email or instant message chat.
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. WEBDATE assumes no responsibility to email you or otherwise contact you regarding any such changes, regardless of any past or future such contact from WEBDATE. WEBDATE will, however, post the Agreement with any changes on its website and update the date contained there on so that users will be on notice of the changes. You agree to assume the duty to check WEBDATE’s webpage for any such updates or changes to this Agreement. If you do not agree to any modifications, you must immediately terminate your use of the Service and the Software. Your continued use of the Service and/or the Software now, or following the posting of notice of any changes in or updates to this Agreement, will constitute a binding acceptance by you of this Agreement, and/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 and/or Software, or of any WEBDATE related products and services. We reserve the right to disclose information about your usage of the Service and/or Software and Demographics in forms that do not reveal your personal identity.
To resolve or report a complaint regarding the Service, the Software and/or members WEBDATE’s users should email email@example.com. WEBDATE will respond as soon as feasibly possible and in such way as WEBDATE, in its sole discretion, determines.
You are responsible for providing all equipment and the computer necessary to access WEBDATE. You may access the non-public portion of WEBDATE only by being a member in good standing of WEBDATE. WEBDATE reserves the right to modify the Service and Software at any time, including but not limited to, any and all materials provided to users, this Agreement, the Service, the Software and WEBDATE design, with or without prior notice. You may become a member of WEBDATE by completing an online registration form, which must be accepted by WEBDATE, and you must pay the subscription fee in effect at that time. Upon submission of the online registration form, WEBDATE or its authorized agent will process the application.
Duties at and After Registration
In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform WEBDATE of any and all changes, including, but not limited to, changes in your address and changes with the credit card used in connection with billing for WEBDATE, including but not limited to changes in the name on the card, the expiration date, the address connected with the card, and in the event that you have cancelled such credit card registered with WEBDATE. If you provide any information that is untrue, inaccurate, not current or incomplete, or WEBDATE and/or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WEBDATE reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service and/or Software by you. Untruthful, inaccurate or non current information may result in civil liability on your part to WEBDATE as well as the possibility of criminal liability. You are responsible for dishonored checks or refused charges for any reason and any related fees that are incurred with respect to your account.
Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Service and/or Software. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel the membership of any member who, at any time, uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, your user name and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service or Software to anyone, especially anyone who is below the Age of Majority. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities resulting from the use of your user name and password. We will not release your password for security reasons. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify WEBDATE of any unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the Service and/or Software until you notify us by email regarding such unauthorized use. Unauthorized access to the Service and/or Software is illegal and a breach of this Agreement. You agree to indemnify and hold harmless WEBDATE with respect any and all damages or lawsuits arising out of your use of the Service and/or Software, including not only your personal use, but use of your user name and password by any and all third parties regardless of whether such access was authorized by you. You may obtain access to your billing records regarding charges of your use of the Service or Software upon request.
The Initial Term of this Agreement shall be determined by the term of months selected by you from the Rate Fee Structure then in effect.
Upon termination of the Initial Term, or any subsequent renewal term, this Agreement will be automatically renewed and billed for the same time period as the Initial Term (the “Additional Term(s)”) until such time as you or WEBDATE terminates your membership. Renewal shall be subject to whatever fee structure is then in effect, which may or may not differ from the fee schedule in effect when you signed up. You accept the responsibility to check the fee structure in effect before automatic renewal. It is your duty to cancel your membership to WEBDATE if you do not agree to such fee structure. Inaction on your part will be deemed your acceptance of the new fee structure.
Payment of Membership Fees
You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. WEBDATE reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts outstanding and due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by WEBDATE, with or without prior notice to you, at any time. WEBDATE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER’S SELECTED PAYMENT OPTION.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted and acceptable by you for all purposes, including without limitation resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss or damage resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
By supplying us with all the required information to sign up as a member and by accessing the Service and/or Software you are acknowledging and affirmatively stating that you have read, understand and agree to the terms set forth herein.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision. Such invalid term, clause or provision shall be deemed to be severed from this Agreement.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. You and WEBDATE hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida in and for Miami-Dade County for resolution of all disputes. You agree to exclusive venue for any and all conflicts arising out of this agreement and/or your use of WEBDATE, the Service and/or Software to be Miami-Dade County, Florida.
Cancellation by User
You may cancel your membership at any time by visiting http://www.webdate.com/account_settings/index.php. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Service. In the event that you cancel your account no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.
Termination by WEBDATE
Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) WEBDATE believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) WEBDATE decides to cease operations or to otherwise discontinue any of the WEBDATE or parts thereof. Further, you agree that neither WEBDATE nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by WEBDATE, you will not attempt to re-register as a member without prior written consent from WEBDATE.
After Termination or Cancellation
You accept that when you cancel your membership with WEBDATE you will be automatically deleted from and locked out of the Service and the Software. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from WEBDATE and that such information will be irretrievable.
The terms of this Agreement shall survive after termination or cancellation, unless stated otherwise.
Limitation of Liability
Neither WEBDATE nor its officers, employees, associates, attorneys or other WEBDATE associated persons are responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service or Software, including, but not limited to, lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service and/or Software, or any interruption or suspension of the Service and/or Software, regardless of the cause of the interruption or suspension. Any claim against WEBDATE shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service and/or the Software or its availability to you at any time. You may discontinue use of the Service and/or Software at any time.
Disclaimer of Warranties
THE SERVICE AND SOFTWARE PROVIDED BY OR THROUGH WEBDATE ARE PROVIDED ON A “AS IS” BASIS AND USE OF SUCH INFORMATION IS AT THE USER’S OWN RISK. WEBDATE HEREBY DISCLAIMS ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE ALONG WITH ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
WEBDATE DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL MEET THE USER’S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR SOFTWARE WILL BE ERROR FREE, UNINTERRUPTED, OR, IN THE EVENT OF A DEFECT IN THE PRODUCT, THAT THE DEFECT WILL BE CORRECTED EITHER IN A TIMELY MANNER OR AT ALL. WEBDATE, ADDITIONALLY, DOES NOT WARRANT THAT ANY OR ALL MATERIAL ON THE SITE WILL BE ACCURATE, ERROR FREE AND/OR NON-OBJECTIONABLE, WHETHER DUE TO AN ERROR ON THE PART OF WEBDATE, ERRORS IN THE SERVICE AND/OR SOFTWARE OR DUE TO MISUSE ON THE PART OF ANY OR ALL USERS OF THE SERVICE AND/OR SOFTWARE.
WITHOUT EXPANDING THE LIMITATION ON LIABILITY SET FORTH HEREIN, YOU AGREE THAT IN NO EVENT WILL WEBDATE’S LIABILITY TO YOU UNDERTHIS AGREEMENT, OR OTHERWISE, EXCEED THE PRORATED AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO WEBDATE FOLLOWING ANY SUCH ALLEGED BREACH. YOU MUST MITIGATE YOUR DAMAGES BY AND ASSUME THE DUTY TO IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE, SOFTWARE AND YOUR MEMBERSHIP WHEN YOU DISCOVER OR BELIEVE THERE HAS BEEN A BREACH OF THIS AGREEMENT ON THE PART OF WEBDATE. YOU MUST ALSO IMMEDIATELY INFORM WEBDATE OF SUCH ALLEGED BREACH BY WEBDATE.
FINALLY, WEBDATE DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL OPERATE IN THE COMBINATIONS WHICH THE USER MAY DESIRE. NOR DOES IT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH ALL USER’S OPERATING SYSTEMS, INTERNET SERVICE PROVIDERS, BROWSERS OR OTHER APPLICATIONS ON THE USER’S COMPUTER.