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This is the Web Site Use Agreement (this "Agreement") for My Date Review, ("My Date Review). This Agreement sets forth the terms and conditions of your use of the services of My Date Review available under the domain and sub-domains of www.MyDateReview.com (the "Web Site"). This Agreement also sets forth the general principles for the web sites of our subsidiaries and affiliates. By accessing or using the Web Site or downloading materials from the Web Site, you agree to be legally bound by the terms and conditions of this Agreement and our Privacy Policy without any modification. If you do not agree to be bound by this Agreement, do not use the Web Site or access our services. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and in our Privacy Policy before you may register as a user of the Web Site. You should also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a user of My Date Review's services. Note that underlined words and phrases are links to these pages and web sites.

The Web Site, and the services offered by My Date Review, are available only to and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Web Site and My Date Review's services are not available to persons under the age of 18. If you are under the age of 18, you can use the Web Site only in conjunction with and under the supervision of your parents or legal guardians. If you are under the age of 18, by accessing the Web Site you represent that your parents have agreed to the terms and conditions of this Agreement. We request that you not use our Web Site if you do not qualify.

No Warranty

THE WEB SITE (INCLUDING ANY INFORMATION ON IT) AND THE SERVICES OFFERED BY MY DATE REVIEW ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MY DATE REVIEW SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THE WEB SITE. We do not guarantee continuous, uninterrupted or secure access to My Date Review services, and operation of the Web Site may be stopped due to factors outside our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

My Date Review is constantly improving its products and services and reserves the right to make such improvements or changes to the Web Site, the materials, products or services posted in the Web Site without prior notice as it deems necessary.

Links

As a convenience to you, My Date Review may provide links to web sites operated by others. My Date Review makes no representations about web sites accessed from the Web Site, which are not maintained, controlled or created by My Date Review. My Date Review does not endorse any linked web sites or the information appearing thereon. Links do not imply that My Date Review is affiliated with or associated with such linked web sites, their owners or operators, or any related companies. You acknowledge and agree that we have no responsibility for the information provided by Web sites to which you may link from this Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites

Materials submitted by you

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

Guidelines for posting shall be as follows:

  • All Content posted to this system in any way, is the responsibility and property of the author. My Date Review is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, My Date Review will not place a limit on the type, or appropriateness of user content within journals. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, My Date Review is committed to submitting all necessary information to the proper authorities;
  • Should any Content be reported to My Date Review as being offensive or inappropriate, My Date Review might call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the My Date Review staff. Should the author fail to meet such a request from My Date Review staff, My Date Review has the full authority to terminate any such reported and verified offensive account holding such inappropriate content. My Date Review, however, is under no obligation to restrict or monitor journal Content in any way;
  • My Date Review claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the My Date Review staff in protecting such Content;
  • My Date Review reserves the right, without limitation except by law, to serve user Content on the web according to the security provisions set forth by the author. My Date Review also reserves the right, without limitation, to resell any portion of a user's journal back to that individual;
  • You acknowledge that My Date Review does not pre-screen Content, but that My Date Review and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, My Date Review and its designates shall have the right to remove any content that violates the TOS or is otherwise objectionable. My Date Review can remove all blog content without prior warning. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, My Date Review reserves the right to limit access to your journal, if found in violation of the TOS, by removing the journal and related user information from the member directory, search engine, and all other methods used in conjunction with finding My Date Review users.

You agree to NOT use the Service to:

  • Upload, post or otherwise transmit any content that is in My Date Review opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way, as seen by My Date Review or applicable law;
  • Impersonate any person or entity, including, but not limited to, a My Date Review staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post 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;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "Stalk" or otherwise harass another person or company;
  • Collect or store personal data about other users for business purposes;
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
  • Use My Date Review as a forwarding service to another website;
  • Allow usage by others in such a way as to violate My Date Review TOS;

If any user is reported to be in violation with the letter or spirit of these terms, My Date Review retains the right to terminate such account at any time without further warning.

User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referrereto hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Indemnity

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Liability

TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR Privacy Statement

Restriction, Suspension and Termination

We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions. My Date Review intends for the site to be available 24-hours per day, 7 days per week. However, My Date Review will not be liable for damages or refunds should the site become unavailable temporarily or access to the site becomes slow or incomplete due to system back-up procedures, regular maintenance, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause beyond the control of My Date Review (including, but not limited to force majeure events, networking problems, IP address changes) which may from time to time make the site inaccessible for Authorized Users. Once a member has accessed the site using the User Name, assigned to the member, subscription fees become non-refundable. If the site cannot be accessed by Licensee in conformance with the terms of this Agreement, Licensee shall immediately notify My Date Review and My Date Review shall use reasonable efforts to restore access as soon as possible. 

Copyright

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and 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.

 


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