TERMS AND CONDITIONS OF SERVICE
This online personals service is a way for adults to meet each other (the
"Service"). The Service is provided by Aphrodite International
Introductions (AII), Saint-Petersburg, Russia.
This legal agreement is made between You and Us ("Agreement"). This
Agreement applies to aphroditeliz.com. Please read this Agreement
carefully before registering for the Service. By registering for the
Service, You become a AII member (a "Member"), and You agree to be bound by
the terms and conditions of this Agreement for as long as You continue to be
a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY
TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE
BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON
THE SERVICE.
In this Agreement the following words have the following meanings unless the
context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms
and conditions for the provision of the Service, as amended from time to
time in accordance with the terms and conditions set forth herein;
We, Us, Our" means AII; and
"You, Your, Yourself" means the person who registers for the Service,
accepts the terms and conditions of this Agreement and whose application for
membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You
represent and warrant that You are at least 18 years old. By using this Web
site, You represent and warrant that You have the right, authority and
capacity to enter into this Agreement and to abide by the terms and
conditions of this Agreement. Your membership for the Service is for Your
sole, personal use. You may not authorize others to use Your membership and
You may not assign or otherwise transfer Your account to any other person or
entity.
REGISTRATION AND SUBSCRIPTION: If You wish to use the Service to initiate
most communication with other members and use certain other parts of the
Service, You must become a subscriber and pay the fees that are set out in
our price list. This price list is part of this Agreement And We reserve the
right, at any time, to change any fees or charges for using the Service. To
become a Member, You must register for the Service. When and if You register
to become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your information to keep
it accurate, current and complete. You agree that We may rely on Your
Registration Data as accurate, current and complete. You acknowledge that if
Your Registration Data is untrue, inaccurate, not current or incomplete in
any respect, We reserve the right to terminate this Agreement and Your use
of the Service and, in such event, You shall not be entitled to a refund of
any unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full force and effect
while You use the Service and/or are a Member. You may terminate your
membership at any time, for any reason by following the instructions on the
Member Services page of the Service, or upon receipt by Us of Your written
or email notice of termination. Either You or We may terminate your
membership by removing your profile, at any time, for any reason, with or
without explanation, effective upon sending written or email notice to the
other party. Upon such termination by Us without cause, We shall refund, pro
rata, any unused portion of any subscription payments that We have received
from You. In the event that (a) You terminate your subscription or
membership or (b) We determine, in our sole discretion, that You have
violated this Agreement or our posted Privacy Statement, You shall not be
entitled to nor shall We be liable to You for any refund of any unused
portion of any subscription payments the We have received from You, and We
may continue to bar Your use of the Service in the future. Even after
membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information
posted in Your profile including Your photograph are posted by You and that
You are the exclusive author of Your profile and the exclusive owner of Your
photographs. You assign to Us, with full title guarantee, all copyright in
Your profile and your photographs posted, at any time, in connection with
Your use of the Service. You waive absolutely any and all moral rights to be
identified as author of Your profile and owner of Your photograph and any
similar rights in any jurisdiction in the world. In addition, other Members
may post copyrighted information, which has copyright protection, whether or
not it is identified as copyrighted. Except for that information which is in
the public domain or for which You have been given express written
permission, You will not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. By posting
information, photographs or content on any Service, You automatically grant,
and You represent and warrant that You have the right to grant, to Us and
other members, free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, copy, perform, display,
promote, publish and distribute such information, content and photographs
and to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses of the
foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile any
telephone numbers, street addresses, last names, URL's or email addresses,
other than where You are specifically asked for such information in the
Confidential Personal Information section of the Service. You will not
engage in advertising to, or solicitation of, other members to buy or sell
any products or services through the Service. You will not transmit any
chain letters or junk email to other members. To protect Our members against
such conduct, We currently impose a 30 message-per-day limit on subscribers.
You are solely responsible for Your interactions with other members. We
reserve the right, but have no obligation, to monitor and/or mediate
disputes between You and other members.
(2) You are solely responsible for the content or information You publish or
display (hereinafter, "post") on the Service, or transmit to other members.
You will not post on the Service, or transmit to other members or to Us or
Our employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and
rights of privacy and publicity). You will not include in Your profile any
offensive anatomical or sexual references, or offensive sexually suggestive
or connotative language, and You will not post any photos containing nudity
or personal information. We reserve the right, but We have no obligation, to
reject any profile or photo that does not comply with the prohibitions set
forth in this section and, to the extent that We determine, in Our sole
discretion, to do so, You shall not be entitled to a refund of any unused
subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are designed to make
your online personals experience enjoyable. By becoming a member, You
specifically agree to accept and consent to receiving email communications
initiated from Us or through Us including, without limitation: message
notification emails, "Your Match" emails, emails informing you about
events and parties We organize, emails informing You of promotions We run
and emails informing You of changes to the Service. Should You not wish to
receive any of Our email communications, please do not register with Us for
the Service.
(4) You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by Our Service. You acknowledge that features, parameters or
other services We provide may change at any time.
(5) Our customer service employees are here to make your online experience
enjoyable by providing assistance and guidance to You. When speaking to Our
customer service employees on the phone or communicating with them by any
other means, You undertake not to be abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing or racially offensive. Should any
of Our customer service employees feel, at any given point, threatened or
offended by Your conduct, We reserve the right to immediately terminate Your
membership and You shall not be entitled to the refund of any subscription
payments We have received from You.
We are entitled to investigate and terminate Your membership if You have
misused the Service, or behaved in a way which could be regarded as
inappropriate, unlawful or illegal. The following is a partial, but not
exhaustive, list of the types of actions that are illegal or prohibited
under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not
"stalk" or otherwise harass any person.
(c) You will not express or
imply that any statements You make are endorsed by Us, without Our specific
prior written consent.
(d) You will not use any robot, spider, site
search/retrieval application, or other manual or automatic device or process
to retrieve, index, "data mine," or, in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will
not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
(g) You will not interfere with or disrupt
any Service or any site, servers or networks connected to any Service or
site.
(h) You will not post, email or otherwise transmit 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.
(i) You will not
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the Service.
(j) You
will not "frame" or "mirror" any part of the Service, without Our specific
prior written consent.
(k) You will not use meta tags or code or other
devices containing any reference to Us or the Service or the site connected
to the Service in order to direct any person to any other web site for any
purpose.
(l) You will not modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion
of the Service or any software used on or for the Service or cause or enable
others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our
officers, directors, employees, agents and third parties harmless, for any
losses, costs, liabilities and expenses (including reasonable attorneys'
fees) relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; and/or (III) Your activities in
connection with the Service. This indemnity shall be applicable without
regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by Us, are
those of their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content. WE DO NOT
GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON
THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY
PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER
CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS
POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO
REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS
ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS
RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU
POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL
MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY
ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE
EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the
Service are and shall be owned by Us, absolutely. Those rights include, but
are not limited to, database rights, copyright, design rights (whether
registered or unregistered), trademarks (whether registered or unregistered)
and other similar rights, wherever existing in the world, together with the
right to apply for protection of the same. All other trademarks, logos,
service marks, company or product names set forth in Service are the
property of their respective owners.
PRIVACY: The personal information (including sensitive personal information)
You provide to Us will be stored on computers. You consent to Our using this
information to build up a profile of interests, preferences and browsing
patterns and to allow You to participate in the Service. You also agree to
read, review, comply with, uphold and maintain Our Privacy Statement and the
terms and conditions thereof. If you are located outside of the United
States, please note that the information that you provide is being sent to
the United States. By becoming a member of the Service, you consent to your
data being sent to the United States and to such other third parties and
jurisdictions as may be involved in the provision and operation of the
Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO
WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION
WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE
SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT
WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR
THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY
FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND
AVAILABILITY.
Although each member must agree to Our terms and conditions, We cannot
guarantee that each member is at least the required minimum age, nor do we
accept responsibility or liability for any content, communication or other
use or access of the Service by persons under the age of 18 in violation of
this Agreement. Also, it is possible that other members or users (including
unauthorized users, or "hackers") may post or transmit offensive or obscene
materials on the Service and that You may be involuntarily exposed to such
offensive and obscene materials. It also is remotely 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. We are
not responsible for the use of any personal information that You disclose on
the Service. Please carefully select the type of information that You post
on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS
OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR
USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR
DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY
PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF YOUR
MEMBERSHIP. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN
THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL
NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT
LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER
MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY
AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should first
contact Our customer service department by clicking: contact us.
You certify that You have read and that You agree to be bound by the terms
and conditions in this Agreement and our Privacy Statement.