TERMS OF USE AGREEMENT

 

Welcome to DatingOrbit.com, the service for adults to meet each other online.  By using the DatingOrbit.com Website (later to be referred to within as “website”), you agree to be bound by these terms of Use Agreement (later to be referred to within as “Agreement”), whether or not you register as a member.  If you wish to become a Member (later to be referred to within as “member”) and communicate with other Members and make use of the DatingOrbit.com Dating Online service, (later to be referred to within as “service”) read these Terms of Use  and indicate your acceptance of them by following the instructions in the Registration Process.

 

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by DatingOrbit.com from time to time, such modifications to be effective upon posting by DatingOrbit.com on the Website.  This Agreement includes DatingOrbit.com’s Acceptable use Policy for Content Posted on the Website, DatingOrbit.com”s Privacy Policy and any notices regarding the Website.  You may also receive a copy of this Agreement by requesting a copy via email at contact us on the home page.

 

I. Eligibility:  You must be eighteen (18) or over to become a member of DatingOrbit.com or use the website.  Membership in the service is void where prohibited.  By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

II. Term:  This Agreement will remain in full force and effect while you use the Website and or you are a member.  You may terminate your membership at any time for any reason by upload your profile and click on the link “cancel membership”.  In addition to the above, DatingOrbit.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your profile or such other email address as you may later provide to DatingOrbit.com.  If DatingOrbit.com cancels your membership in the service because you have breached the Agreement, you will not be entitled to any refund or unused subscription fees.  Even after membership is terminated, this Agreement will remain in effect.  Even after this Agreement is terminated, certain provisions will remain in effect, including sections IV, V, VII and IX through XIV of this Agreement. 

 

III. Non Commercial Use by Members:  The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors.  Organizations, companies and/or businesses may not become Members and should not use the Service of the website for any purpose.  Illegal and or unauthorized uses of the Website  including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

IV. Proprietary Rights in Content on DatingOrbit.com:  DatingOrbit.com owns and retains all proprietary rights in the Website and the Service.  The Website contains the copyrighted material, trademarks, and other proprietary information of Dating Orbit.com and it’s licensors.  Except for that information which is in the public domain or for which you have been given written permission, you may not copy modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 

V.  Content Posted on the Website:

 

You understand and agree that DatingOrbit.com may review and remove any content, messages, messenger messages, photos or profiles (collectively, “Content”) that in the sole judgment of DatingOrbit.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of any Members.

 

You are solely responsible for the Content that you publish or display, or post on the service or transmit to other Members.

 

By posting any Content to any public are of DatingOrbit.com, you automatically grant DatingOrbit.com and further you represent and warrant that you have the right to grant DatingOrbit.com an irrevocable perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing.

 

The following is just some of the kind of Content that is illegal or prohibited on the Website.  DatingOrbit.com reserves the right to 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 Service and terminating the membership of such violators.  It includes some of the following Content that:

 

Ø      Provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18 years of age;

Ø      Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;

Ø      Harasses or advocates harassment of another person;

Ø      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;

Ø      Promotes information that you know is false and misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

Ø      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;

Ø      Contains restricted or password lonely access pages or hidden pages or images (those not linked to or from another accessible page);

Ø      Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;

Ø      Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

Ø      Engages in commercial activities an or sales without our prior written consent such as contests, sweepstakes barter, advertising, and pyramid schemes

 

You must use the service in a manner consistent with any and all applicable laws and regulations.

 

You may not include in your Member Profile any telephone numbers, street addresses, last names, URLS or email addresses.

 

You may not engage in advertising to or solicitation of, other members to buy or sell any products or services through the Service.  You may not transmit any chain letters or junk email to other Members.  Although DatingOrbit.com cannot monitor the conduit of it’s Members off the Website, it is also a violation of these rules to use any information obtained from the Service to order to harass, abuse or harm another person(s) or in order to contact advertise to, solicit or sell to any Member without their prior consent.  In order to protect our Members from such advertising or solicitation, DatingOrbit.com reserves the right to restrict the number of emails which a member may send to their Members in any 24 hour period to a number which DatingOrbit.com deems appropriate and reasonable in its sole discretion.

 

VI. Copyright Policy:  You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtain the prior written consent of the owner of such proprietary rights.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us via email with the following information: 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 Website; 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 behalf of the copyright owner.  Please contact us at DatingOrbit.com for a forwarding address as to where to send your statement.

 

VII.  Subscription:  If you sign up for a multiple subscriptions to DatingOrbit.com you will be limited to only one instance of Dating

 

IIX. Member Disputes:  You are solely responsible for your interaction with the other DatingOrbit.com Members.  DatingOrbit.com reserves the right, but has no obligation, to monitor disputes between you and other members.

 

IX. Privacy:  Use of the Website and or the Service is also governed by Privacy Policy.

 

X. Disclaimers:  DatingOrbit.com is not responsible for any incorrect of inaccurate Content posted on the Website of in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.  DatingOrbit.com is not responsible for the conduct, whether online or offline, or any user of the Website of Member of the Service.  DatingOrbit.com 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 or Member communications.  DatingOrbit.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems of 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 Web and or in connection with the Service.  Under no circumstances will DatingOrbit.com be responsible for any loss or damage including personal injury or death resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.  The Website and the Service provided “As-Is” and DatingOrbit.com expressly disclaims any warranty of fitness for a particular purpose of non-infringement.  DatingOrbit.com cannot guarantee and does not promise any specific results from us of the Website and/or Service.

 

XI. Limitation on Liability.  Except in jurisdictions where such provisions are restricted, in no event will DatingOrbit.com be liable to you or any third person for nay indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising for your use of the Website or the Service, even if DatingOrbit.com has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, DatingOrbit.com’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 DatingOrbit.com for the Service during the term of the membership.

 

XII. U.S. Export Controls:  Software from this Website (hereinafter the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website 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 County to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specialty 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 any such list.

 

XIII. Disputes  If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions.  You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, City of Fort Lauderdale.

 

XIV. Indemnity.  You agree to indemnify and hold DatingOrbit.com, its subsidiaries, affiliates, officers, against and other partners and employees, harmless from any rise of 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 this Agreement and or any breach of your representations and warranties set forth above.

 

XV. Other.  This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and DatingOrbit.com regarding the use of the Website and/or the Service.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 

Please contact us with any questions regarding this agreement.  DatingOrbit.com is a trademark of DatingOrbit.com Inc.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.