Adult FriendFinder Terms of Use Agreement
|
Welcome to Adult FriendFinder, a service of
Various, Inc.
(hereinafter referred to as
" Various, Inc.
"
,
"Adult FriendFinder", "Adult FriendFinder Site" or "Site").
You must read and agree to these terms and conditions before you may access or
view our Site. Please read them
carefully. By visiting the Adult FriendFinder Site, you are agreeing
to its terms. This Agreement is subject to change at any time and changes
are effective upon posting. Bookmark this page and check it frequently as
it is up to you to refer to this page for any amendments/changes to the
original Agreement.
|
1. Eligibility:
You must be 18 or over to register as a member of or use this Site.
Membership in the service is void where prohibited. By using and/or viewing
this site, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of its terms and
conditions, that you are at least 18-years old, and that
you are not prohibited by law from using the Site.
2. Fees/Termination:
Site and related service usage and/or subscription fees and duration of
services were provided to you upon registration and may change from time to time
upon electronic notice to you. We reserve the right to terminate your access to
the Site for any reason or no reason. Various, Inc.
may terminate
your membership upon sending notice to you at the email address you provide in
your application for membership or such other email address as you may later
provide to us or via any other method in its sole discretion. If Various, Inc.
terminates your membership in the Adult FriendFinder service because you
have breached this Agreement, in the sole discretion of Various, Inc.
,
you will not be entitled to any refund of any unused subscription fees and
thereby you agree to waive any claim to such refund of fees. Upon termination of
your membership for any reason or no reason any and all points accumulated in
any of the Site's programs shall be terminated with no liability to you. You
expressly acknowledge that any program providing points or other credits and
your participation in it can be terminated in the sole discretion by
Various, Inc.
at any time with no liability to you whatsoever and
that you did not join or remain a member of the Site or any other services in
reliance on any such program(s), or the use or availability of such points or
credits, or the continuation of the program(s). Points and credits have no monetary
value whatsoever and may not be transferred to other persons. Even after this
Agreement is terminated certain provisions will remain in effect, namely Sections
1, 3, 4, 5, 7, 9 10, 11, 12, 13, 14, inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or obligation, at
any time prior to midnight of the original contract seller's third business day
following the date of this contract, excluding Sundays and holidays. To cancel
this agreement, mail or deliver a signed and dated notice, or send a telegram
which states that you, the buyer, are canceling this agreement, or words of
similar effect. This notice shall be sent to: Various, Inc.
, Customer
Service-Cancellations, 220 Humboldt Ct., Sunnyvale CA 94089.
If by reason of death or Disability you, the buyer, are unable to receive all
services for which the buyer has contracted, the buyer and the buyer's estate
may elect to be relieved of the obligation to make payments for services other
than those received before death or the onset of Disability. "Disability" means
a condition which precludes the buyer from physically using the services
specified in the contract during the term of disability and the condition is
verified in writing by a physician designated and remunerated by the buyer. The
written verification of the physician shall be presented to FriendFinder, the
seller. If you, the buyer, have prepaid any amount for services, so much of the
amount prepaid that is allocable to services that the buyer has not received
due to death or Disability shall be promptly refunded to the buyer or his or
her representative. This provision 2 (b) shall supersede any other provision's
terms that are contrary herein.
3. Non-Commercial Use by Members/Viewers:
This Adult FriendFinder site is for the personal use of individual
members and viewers only and may not be used in connection with
any commercial endeavors. Organizations, companies, and/or
businesses may not become members of this Adult FriendFinder site and
shall not use the Adult FriendFinder service or site for any purpose
including but not limited to: sending unsolicited commercial e-mail
to members, sending advertisements for other web sites and services in
this site's chat rooms, or using member personal identifying information
for commercial purposes. Illegal and/or unauthorized uses of the site,
including unauthorized framing of or linking to the site or the sending
of unsolicited commercial email will be investigated, and appropriate
legal action will be taken, including without limitation, civil,
criminal, and injunctive redress and/or termination of membership at
Adult FriendFinder's sole discretion. In order to prevent the sending
of unsolicited commercial email or chat messages to its members,
Various, Inc.
may take reasonable steps, including the
limiting of the numbers of emails or chat messages sent or received
by a member and electronically filtering or throttling or terminating
e-mail and chat messages at Various, Inc.
's sole discretion.
4. Proprietary Rights of Content on Adult FriendFinder:
Various, Inc.
owns and retains other proprietary rights in the
Adult FriendFinder site and the Adult FriendFinder service. The site
contains the copyrighted material, trademarks, and other proprietary
information of Various, Inc.
, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) Various, Inc.
claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency Act for
Content provided by third parties and members and nothing in this Agreement is
intended to waive, remove, or usurp such immunity. You understand and agree
that Various, Inc.
may delete any content, messages, photos or
profiles (collectively, "Content") that in the sole judgment
Various, Inc.
violates the Terms of Use or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of Various, Inc.
and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the Adult FriendFinder, or transmit to other
Various, Inc.
members.
C) By posting content to any public area of Adult FriendFinder, you
automatically grant, and you represent and warrant that you have the right
to grant, to Various, Inc.
and its members, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity, and content and
to prepare derivative works of, or incorporate into other works and other
media, such information and content, and to grant and authorize sublicenses of
the foregoing. For privacy terms, please refer to our
Privacy Policy.
D) Various, Inc.
will investigate and take appropriate legal
action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from
the site or service and terminating the membership of such violators. The
following is a partial list of the kind of content that is illegal or
prohibited on the site - it includes content that: is patently offensive
to the online community, such as content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or invades their
privacy; involves the transmission of "junk mail", "chain letters," or
unsolicited commercial e-mail or "spamming"; promotes information that
you know is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous; promotes
an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files; contains restricted
or password only access pages, or hidden pages or images (those not linked
to or from another accessible page); displays pornographic or sexually
explicit material of any kind; provides material that exploits people under
the age of 18 in a sexual or violent manner, or solicits personal information
from anyone under 18; provides content that involves cursing, swearing,
incest, falsifying gender, violence, necrophilia, impersonating another
member, threat of suicide or harm to oneself or others, drug paraphernalia,
or bestiality; provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses; solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users; sending advertisements in chat or instant messaging messages; and
engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
E) You must use the Adult FriendFinder service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you
will not use any device, software or routine to bypass or to interfere or
attempt to interfere with the proper working of the Adult FriendFinder
Site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and
is proprietary or is licensed to Various, Inc.
by our users or
third parties.
G) You may 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
Adult FriendFinder members. Although Various, Inc.
cannot
monitor the conduct of its members off the Adult FriendFinder
site, it is also a violation of these rules to use any information
obtained from the service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any member without
their prior explicit consent.
H) Your profile (and its contents) may be searchable by, and you may be able to search for the
profiles (and their contents) of, members registered to other Friendfinder Network operated and
"powered by" websites, e.g. co-branded, privately labeled, etc. This feature may allow you to interact
with additional members of Friendfinder Network websites.
I) Your profile (and the contents thereof) may be searchable by third-party publicly available search
engines.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been
copied and posted on the Adult FriendFinder service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the our site including the URLs of web pages and/or hyperlinks;
your address, telephone number, and email address; a written 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; a statement by
you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Various, Inc.
's Copyright
Agent for Notice of claims of copyright infringement or those under the DMCA
can be reached as follows:
General Counsel, Various, Inc.
220 Humboldt Ct,
Sunnyvale, CA 94089
It is the intention of Various, Inc.
to fully comply with
the DMCA, including the Notice and "take down" provisions and to benefit from
the safe harbors immunizing it from liability to the fullest extent provided
by law, and to the extent the Notice and "take down" requirements above
deviate from the requirements under the DMCA then the Notice requirements
as provided by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Various, Inc.
does not solicit or control the information provided by other
users that is made available through our system. You may find other user's
information to be offensive, harmful, inaccurate and/or deceptive. If so, please
request a profile review using the link provided on the member’s profile page or
at various other places throughout the website. Please also
use caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other Adult FriendFinder members.
Because it is not involved in member interactions, in the event that you
have a dispute with one or more members or those who have posted, viewed and/or
used information on the Adult FriendFinder site, you release
Various, Inc.
, including its officers, directors, agents,
subsidiaries and employees, from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive California
Civil Code § 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." Various, Inc.
reserves the right, but has no obligation, to monitor disputes between
you and other members.
8. Privacy:
Use of the Adult FriendFinder site and/or its service is governed by
our Privacy Policy,
which may change from time to time upon electronic notice to you.
9. Disclaimers:
Various, Inc.
, including its officers, directors, agents,
subsidiaries and employees is not responsible for any incorrect or inaccurate
content posted on the Adult FriendFinder site or in connection with the
Adult FriendFinder service, whether caused by users, members or by any of
the equipment or programming associated with or utilized in the service, nor
for the conduct of any user and/or member of the Adult FriendFinder service
whether online or offline. Various, Inc.
assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications.
Various, Inc.
is not responsible for any problems or technical
malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or at
any website or combination thereof, including injury or damage to users and/or
members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the
Adult FriendFinder site and/or in connection with the Adult FriendFinder
service. Under no circumstances Various, Inc.
, be responsible
for any loss or damage resulting from anyone's use of the Site or the service
and/or any content posted on the Adult FriendFinder site or transmitted to
Adult FriendFinder Members. The Site and the service are provided "AS-IS"
and Various, Inc.
expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Various, Inc.
cannot guarantee and does not promise any specific results from use of the
site and/or the Adult FriendFinder service.
Note to WebTV users: Our current Site technology does not support
WebTV access for the following:
* Instant Message Center
* Toolbar
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that
event liability is disclaimed to the fullest extent permitted by law), in
no event will Various, Inc.
be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Site or
the Adult FriendFinder service, even Various, Inc.
has been
advised of the possibility of such damages. You further agree to hold
Various, Inc.
, including its officers, directors, agents, subsidiaries and employees
harmless for claims arising in the event that other user’s profile ultimately
proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to
the contrary contained herein, Various, Inc.
's 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
Adult FriendFinder for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls.
No software from this Site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use and/or
your relationship with Various, Inc.
and/or your use of this Site
shall be submitted to binding arbitration according to the rules of the American
Arbitration Association. The parties to the arbitration shall evenly divide
any and all costs of the arbitration. Neither party shall be entitled to
attorney fees. All parties submit to exclusive jurisdiction in Santa Clara
County, California. The arbitration shall take place exclusively in Santa
Clara County, California at JAMS before a retired judge and shall be governed
by California law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold Various, Inc.
, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use of the
service in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and warranties
set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by
postal mail to:
General Counsel, Various, Inc.
220 Humboldt Ct,
Sunnyvale, CA 94089
or to the email address you provide to Adult FriendFinder
during the registration process. Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, Various, Inc.
may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to Adult FriendFinder during the
registration process. In such case, notice shall be given 3 days after
the date of mailing. You agree that this Agreement and all incorporated
Agreements may be automatically assigned by Various, Inc.
, in our
sole discretion, to a third party. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or
extent of such section. References to Various, Inc.
shall include
its subsidiaries, affiliates, officers, agents, and other partners and
employees. Various, Inc.
's failure to act with respect to a breach
by you or others does not waive its right to act with respect to subsequent
or similar breaches. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Various, Inc.
is located at:
220 Humboldt Ct,
Sunnyvale, CA 94089
International Office, Friendfinder Processing, Inc.
P.O. Box 1058, Suite 202
Armory Building, Victoria Road
Basseterre, St. Kitts
Friendfinder United Kingdom, LTD
9 Unity Terrace
Tantobie, Stanley
Durham DH9 9TD
United Kingdom (Great Britain)
(Revised May 21, 2008)
|
|
|
