420Dating.com Terms of Use Agreement
Welcome to 420Dating.com, the service for adults to meet each other online operated
by 420Dating.com, L.P. ("420Dating.com"). By using the 420Dating.com Website (the "Website")
you agree to be bound by these Terms of Use (this "Agreement"), whether
or not you register as a member ("Member"). If you wish to become a
Member and communicate with other Members and make use of the 420Dating.com service
(the "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 420Dating.com from time
to time, such modifications to be effective upon posting by 420Dating.com on the
Website. This Agreement includes 420Dating.com's Acceptable Use Policy for Content
Posted on the Website, 420Dating.com's Privacy Policy, and any notices regarding
the Website. You may also receive a copy of this Agreement by emailing us at:
customercare@420Dating.com, Subject: Terms of Use Agreement.
1. Eligibility. You must be eighteen or over to register as a member of 420Dating.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.
2. Term. This Agreement will remain in full force and effect while you use
the Website and/or are a Member. You may terminate your membership at any
time, for any reason by following the instructions on the Resign pages in
Account Settings, or upon receipt by 420Dating.com of your written or email notice
of termination. 420Dating.com may terminate your membership for any reason, effective
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 420Dating.com.
If 420Dating.com terminates your membership in the Service because you have breached
the Agreement, you will not be entitled to any refund of 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 4, 5, 7 and 9-14 of this Agreement.
3. 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 or 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.
4. Proprietary Rights in Content on 420Dating.com. 420Dating.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
420Dating.com, and its 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.
5. Content Posted on the Site.
a.
You understand and agree that 420Dating.com may review and delete any content,
messages, 420Dating.com Messenger messages, photos or profiles (collectively, "Content")
that in the sole judgment of 420Dating.com violate this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Members.
b.
You are solely responsible for the Content that you publish or display (hereinafter, "post")
on the Service, or transmit to other Members.
c.
By posting Content to any public area of 420Dating.com, you automatically grant,
and you represent and warrant that you have the right to grant, to 420Dating.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.
d.
The following is a partial list of the kind of Content that is illegal or prohibited
on the Website. 420Dating.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 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;
involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing 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);
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 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; 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 Service in a manner consistent with any and all applicable
laws and regulations.
f.
You may not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
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 may not transmit
any chain letters or junk email to other Members. Although 420Dating.com cannot
monitor the conduct of its Members off the Website, 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. In order
to protect our Members from such advertising or solicitation, 420Dating.com reserves
the right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which 420Dating.com deems appropriate
in its sole discretion.
6. Copyright Policy. 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.
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 provide our Copyright Agent 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
copyright owner's behalf. 420Dating.com’s Copyright Agent for notice of claims
of copyright infringement can be reached as follows: General Counsel, 420Dating.com
c/o Ticketmaster 3701 Wilshire Blvd.; Los Angeles, CA 90010.
7. Subscription. If you sign up for multiple subscriptions to 420Dating.com, you
will be limited to only one instance of 420Dating.com Messenger, regardless of
the number of subscribing accounts you may have with us.
8. Member Disputes. You are solely responsible for your interactions with other
420Dating.com Members. 420Dating.com, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
9. Privacy. Use of the Website and/or the Service is also governed by our Privacy
Policy.
10. Disclaimers. 420Dating.com is not responsible for any incorrect or inaccurate
Content posted on the Website or 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. 420Dating.com is not responsible for
the conduct, whether online or offline, of any user of the Website or Member
of the Service. 420Dating.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. 420Dating.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 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 Web and/or in
connection with the Service. Under no circumstances will 420Dating.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 are provided "AS-IS" and
420Dating.com expressly disclaims any warranty of fitness for a particular purpose
or non-infringement. 420Dating.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
11. Limitation on Liability. Except in jurisdictions where such provisions
are restricted, in no event will 420Dating.com 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 Web site
or the Service, even if 420Dating.com has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein, 420Dating.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
420Dating.com for the Service during the term of membership.
12. U.S. Export Controls. Software from this Website (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 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.
13. 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 California 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 California, City of Los Angeles.
14. Indemnity. You agree to indemnify and hold 420Dating.com, 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 this Agreement
and/or any breach of your representations and warranties set forth above.
15. 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 420Dating.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. 420Dating.com is
a trademark of 420Dating.com, L.P.
Copyright 2005 420Dating.com. All Rights Reserved. 420Online Dating Website Disclaimer: 420dating.com's mission is to provide a "smoker friendly" online dating service and is the best smoker friendly online personals match making service in the world. 420dating.com does not advocate the use of any illegal substances. By using this service I hereby affirm that under penalties of perjury persuant to U.S.C. 1746 that I am 18 or older, and understand I must be over 18 to enter and use this adult dating service.