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Terms and Conditions
Effective Date: November 16, 2017
Last Modified Date: November 16, 2017
- The Company’s Consideration. The consideration that the Company provides to you is permission to access the Site, whether as a guest or as a registered user, permission to interact with other users on the Site, and permission to view the content on the Site.
- No Underage Use. The Site is not intended for use by children or by anyone that has not reached the age of majority in the jurisdiction where they reside. You are not permitted to use the Site if you have not reached the age of majority in your jurisdiction. You alone are solely responsible for ensuring that you have reached the age of majority in your jurisdiction and acknowledge that the Company bears no responsibility for ensuring that you have reached the age of majority.
- Intellectual Property. The Site contains intellectual property owned by the Company and/or that the Company is permitted to use via license agreement.
- Copyright. This Site and the content on this Site belong to the Company, which claims copyright protection for the content on the Site. Alternatively, the Company owns a license from the copyright owner to display some of the content on the Site. Your ability to access and view the content on the Site is pursuant to personal, non-exclusive, non-transferable, limited, revocable license. Through your use of the Site and your access to the content on the Site, you acknowledge that your ability to view the content on the Site is via this license and that you will not share any of the content on the Site with any third party absent written permission from the Company to do so.
- Trademark. datinggathering.com and upymt.com, and other names on the Site are trademarks and/or service marks belonging to the Company. You agree not to use these marks or any marks that are confusingly similar to goods or services that resemble those offered by the Company in any way, including as Internet domain names, product names, or Company names. The Site may feature trademarks or service marks of third parties that are on the Site via the permission of those third parties, and those marks are the exclusive property of those third parties that may not be used without the express permission of those third parties.
- Intellectual Property Infringement. If you engage in infringement of the Company’s intellectual property, it may result in legal action against you by the Company. If the Company is forced to file legal action against you for intellectual property infringement, it will seek the maximum monetary and non-monetary damages available to the Company, including compensatory damages, punitive damages, statutory damages, reimbursement of its attorneys’ fees and costs, preliminary injunctive relief, and permanent injunctive relief.
- Materials That You Post to the Site. In the event that you post materials to the Site, you expressly warrant and affirm that you are the sole owner of the rights to those materials or that you have the absolute right to license their use. You will retain ownership of the copyrights in any and all material posted to the Site by you. You additionally acknowledge that any materials you post to the Site shall become part of a database owned by the Company and that the Company owns the copyright to that database. With regard to any material that you post to the Site, you grant the Company with a worldwide, perpetual, irrevocable license to use, reproduce, modify, publish, publicly perform and display, and distribute those materials, as well as portions of those materials and/or derivative works containing those materials. This license shall permit the Company to use those materials in print, electronic, or other media by any means now known or which may be developed in the future. The Company may sublicense its rights to third parties. With regard to all materials the Company or any third party uses pursuant to this paragraph, you shall not be entitled to payment of royalties or any other compensation whatsoever.
- Membership. Guest access to the Site is limited. To access the non-public areas of the Site, which constitutes the majority of the content on the Site, you must become a member. Only members in good standing are permitted to access the non-public areas of the Site. In order to be a member in good standing, the following requirements must be met.
- Payment. Payment is required to become a member of the Site, and you will be required to make periodic payments at 30-day intervals to remain a member of the Site. The Company reserves the right to change the payment required to become and/or remain a member and will provide you with notice of any changes to the Site’s payment requirements via the email address that you provide to the Company when you sign up for membership. You may pay for membership to the Site via credit card, debit card, and other payment methods approved by the Company. If you have selected to have your membership renewed automatically, you authorize the Company to periodically renew your membership automatically until you cancel your membership at upymt.com . If you attempt to cancel your membership within 48 hours of its automatic renewal, your card may be charged, and you may not be permitted to cancel your membership until the next renewal period. You are responsible for any and all charges you incur in connection with your access to or membership with the Site.
- Registration Information. When you register to become a member of the Site, the Company requires that you provide it with certain information, including your name, your postal address, your email address, and your credit card number. You must provide the Company with information that is accurate and truthful. If the Company learns that you have provided it with inaccurate information, it will involuntarily terminate your account. Moreover, if your information changes while a member of the Site, you agree to update it immediately by visiting your account page and editing your personal information.
- Representations. When you sign up to be a member of the Site, you make the following representations to the Company.
- You are either single or separated from your spouse.
- You are not required to register as a sex offender with any government entity.
- You have never been convicted of a felony.
- Use of the Site is permitted in your location.
- Security. When you register for the Site, you will provide the Company with a username and password. You agree that you will not share your username or password with any third party and that you will do everything in your power to keep this information secure. In the event that your security is breached, the Company shall not be liable for any damage or subsequent injury to you.
- Email. The Company reserves the right to send you unsolicited email from either the Company or its partners and agents after you register for the Site. If your account is terminated – regardless of whether such termination is voluntary or involuntary – you consent to continue receipt of these emails unless you formally opt out by visiting upymt.com .
- Voluntary Termination. After you register as a member of the Site, you may voluntarily terminate your membership at any time by following the termination instructions located at upymt.com . If you voluntarily terminate your membership, you will be able to access the Site as a member until your membership period ends. You must terminate your membership at least 48 hours before it renews to ensure that you are not charged for a renewal of your membership period.
- Involuntary Termination. The Company may terminate your membership at any time. If the Company elects to do so, it will attempt to provide you notice but reserves the right to do so without notice if the Company deems that doing so is in the best interest of the Company or the other members of the Site. If the Company involuntarily terminates your membership, you shall not attempt to re-register to the Site without the express, written permission from the Company. The following is a non-comprehensive list of the reasons that your membership may be involuntarily terminated:
- The Company has verified that you have provided it with false contact information.
- The Company is unable to verify the veracity of your contact information.
- The Company believes or has received complaints that you are harassing other members of the Site.
- The Company believes that your actions may subject the Company, you, or other members of the Site to civil or criminal liability.
- The Company believes that you are advertising your goods and services or the goods and services of third parties on the Site.
- The Company ceases operations.
- Your credit card or another method of payment is rejected, or you attempt to chargeback your membership payment to the Site.
- Liability. You agree that the Company shall never be liable to you for terminating your membership for any reason.
- Usage Guidelines. The Company has imposed the following usage guidelines on all persons who use the Site in any capacity, whether as a member or a guest.
- You shall never use the Site to impersonate another person or another entity.
- You may not use the Site to embarrass, threaten, “Stalk”, or otherwise harass in any way another member to the Site.
- You shall never imply that any statements that you make on the Site have been endorsed by the Company absent express written authorization from the Company.
- You may not collect the usernames, actual names, email addresses, or other personally identifying information of any other member for the purpose of soliciting those persons for any reason whatsoever.
- You will never use the Site in any manner that might restrict or inhibit any other user from using or enjoying the Site or the Internet.
- You will not use the Site to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, sexist, ageist, or defamatory information, advertisements, pictures, or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, national, or international law.
- You will not use the Site to post or transmit any information or software which contains a virus, Trojan horse, worm, malware, or any and all other harmful components.
- You shall not use the Site to engage in “escort” activities or prostitution. There are no exceptions to this rule, even if “escort” activities or prostitution are legal in the jurisdiction where you view the Site.
- You shall not use the Site to promote any criminal or otherwise unlawful activity.
- You shall not use the Site to publish or otherwise distribute material containing any solicitation of funds, advertising, or distribution of your goods and services absent express written permission from the Company.
- You will not post any information, including visual and audiovisual information that infringes upon the rights of any third party, including but not limited to intellectual property, including trademarks and copyrights, privacy, and all other personal and proprietary rights.
- You shall not use the Site to post any visual or audiovisual information of persons who have not reached the age of majority.
- You shall not share any of the content on the Site with any third party.
- You shall not duplicate any portion of the Site without the express written consent of the Company.
- You shall not display the Site in public without the express written consent of the Company.
- You shall not use any material on the Site to create a derivative work without the express written consent of the Company.
- You shall not remove any intellectual property notice, including trademark notices, copyright notices, and watermarks, from any intellectual property contained on the Site.
- You shall not use the intellectual property on the Site for anything other than personal non-commercial use. This includes use as a competitor, a member of a local or federal law enforcement agency or government employee, or as an agent of the aforementioned.
- Entertainment Amusement Purposes Only
Will I really meet someone using the Website?
The Website is a dating and online networking site for adults 18 and over. All profiles are provided for the entertainment of our users. We are not making any guarantee that you will find someone, that you will meet any of our users in person, or that any given person or profile manifested on the Website is available or interested in dating or communicating with you or somebody else.
Does the site use simulated or fictitious profiles?
Yes, we do for testing and interactive purposes. Some of the user profiles posted on this Website are fictitious and are associated with our "Angel" service. Our ANGEL service is part of our efforts to stimulate conversations with users to encourage further and broader participation in all of our Website's services, including the posting of additional information or pictures to our users' profiles.
Initial messages from our ANGEL service may be automatically generated with no human involvement, and third-party contractors hired or contracted by us may generate messages or correspondence from then on. The ANGEL service is also intended to proactively screen user actions and communications to ensure compliance with these terms.
You acknowledge that the information, text, and pictures contained in the ANGEL service profiles do not pertain to any authentic person but are included for entertainment purposes only. Nothing contained in any ANGEL service profile is intended to describe or resemble any real person—living or dead. Any similarity between ANGEL user profile descriptions and any individual is purely coincidental.
Is there anything else I need to know about the Angel Profile feature?
On one or more instances, ANGEL profiles may contact users through computer-generated instant messages or emails to encourage further or broader participation in the Website's services or to monitor user activity. These messages may be transmitted to multiple recipients at the same time.
You acknowledge that no physical meeting will ever take place between you and the individuals providing our ANGEL service, and that the exchange of messages between you and the ANGEL is for entertainment purposes, as well as to encourage further or broader participation in the Website's services or to monitor user activities. We do not guarantee that you will receive a response to any message you send to an ANGEL or any other user.
Nothing contained in this section will create any right to, or expectation of, interaction between users and ANGEL profiles or the individuals creating ANGEL profiles. You should direct any question regarding the ANGEL service and participation on the Website to us at email@example.com.
- The assumption of Risks. You assume any and all risks associated with your use of the Site and understand that:
- The Company does not (and cannot) review everything posted on the Site but reserves the right to monitor any material contained on the Site for acceptability.
- The Company may remove any content contained on the Site at its sole discretion, and there is no recourse from members against the Company for anything removed from the Site.
- You shall not register as someone else or provide false information to the Company. If the Company has any reason to believe that you have registered as someone other than yourself, the Company will cooperate with any law enforcement investigation that might occur from such misrepresentation and reserves the right to provide any and all information that it possesses about you to law enforcement. Moreover, your account will be immediately terminated.
- The Company and the Site urge you to take any and all necessary precautions for your safety and health. This includes but is not limited to:
- Verify the identities of any person that you meet through the Site by reviewing their government issued identification.
- Do not conduct your initial meeting with anyone you meet through this Site in a private or otherwise non-public place. Doing so places you at increased risk of physical assault.
- Use adequate protection and take adequate precautions before engaging in any intimate act with persons you meet on this Site. This includes, but is not limited to, the use of condoms, birth control, and other precautions for your sexual health and to minimize the risk of sexually transmitted disease.
- STATE OF NEW JERSEY INTERNET DATING SAFETY ACT DISCLOSURE: For our members in the State of New Jersey, WE ARE REQUIRED TO NOTIFY YOU THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER, MEMBER, OR POTENTIAL MEMBER.
- Dispute Resolution.
- Jurisdiction. You agree that, without exception, all disputes between the Company and you will be adjudicated in the state courts in Clark County, Nevada. This choice of forum and jurisdiction is mandatory, not permissive, and applies regardless of the amount in controversy. The sum of this is that any disputes you have with the Company will only be heard in Nevada state courts. Any claims filed in any other venue or jurisdiction shall be dismissed immediately for lack of jurisdiction. If you bring a claim in any other court, including federal courts in Nevada, you agree to pay all of our attorneys’ fees incurred in dismissing that matter due to the improper jurisdiction and venue.
- Resolution of User Complaints. If you have any complaint with content on the Site, the operation of the Site, or anything else relating in any way to the Company or the Site, you may email the Company at firstname.lastname@example.org and fully describe the nature of your complaint. The Company shall respond to you within 7 days of receipt of your email regarding its views on the merits of your complaint and possible options for resolution. This procedure shall be deemed settlement discussion and will not be defined as adversarial until the Company unequivocally states that it will provide you with no further response.
- Injunctive Relief. Any request for injunctive relief, whether temporary, preliminary, or permanent, shall occur in the state courts of Las Vegas, Nevada.
- North American Free Trade Agreement. The Parties agree that Article 15 NAFTA shall not apply to this Agreement or any relations between the Parties.
- Limitation of Liability
- You expressly understand and agree that your use of the Site shall be at your sole risk and that the Site is provided “as is” and “as available”. To the fullest extent permitted by law, the Company, its owners, officers, directors, employees, and agents disclaim all warranties (express or implied) in connection with the Site and your use of the Site. The Company makes no warranties or representations about the accuracy or completeness of the Site’s contents or the content of any Site linked to the Site.
- In no event shall the Company, its owners, officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Site;
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party;
- Any conduct (whether online or offline) by any other user of the Site; and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on the Site, whether based on warranty, contract, tort, or any other legal authority, and whether or not you are advised of the possibility of such damages.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- The Company does not warrant, endorse, guarantee, or assume responsibility for any product offered by or advertised by any third party on the Site or hyperlinked on the Site or featured in any banner advertisement or other advertising. The Company will not be a party to, or in any way responsible for, monitoring any transaction between you and third party providers of products or services. As with the purchase of any product or service in any medium or in any environment, you should use your best judgment and exercise caution when appropriate.
- You specifically acknowledge that the Company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that risk of harm or damage from the foregoing rests solely with you.
- The Company makes no representation that the Site is appropriate or available for use outside of the United States of America. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- Except in jurisdictions where the limitation of liability provisions are not enforceable for incidental or consequential damages, the Company’s maximum liability to you shall be limited to the fees paid by you for a period of no more than 1 month from the accrual of the applicable cause of action.
- Indemnification. If your use of the Site or your actions in connection with your use of the Site result in any harm to any third party or force the Company to defend itself in any civil or criminal action, you agree that you will indemnify the Company, its officers, directors, employees, and agents. If the Company learns of any situation that fits under this paragraph, it will inform you via email at the email address you provided to the Company within 7 days of its discovery of the situation. The Company expressly reserves the right to retain its own counsel and engage in its own defense at its discretion.
- Attorney Contact. Our attorney may be contacted at:
- Randazza Legal Group, Attention: Marc J. Randazza
4035 S. El Capitan Way, Las Vegas, NV 89147