| Ultimate Singles, Inc. - Terms and Conditions of Service
These Terms and Conditions contain legal obligations. Please
read them carefully.
ACCEPTANCE
By using this service, you agree, without limitation or qualification, to be
bound by, and to comply with, these Terms and Conditions and any other posted
guidelines applicable to the Ultimate Singles, Inc. website. Any and all
such guidelines and rules are hereby incorporated by reference into the Terms
and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use of this service is subject to compliance with these Terms and Conditions.
You acknowledge and agree that Ultimate Singles, Inc. may terminate your
membership and access to the Ultimate Singles, Inc. website should you
fail to comply with the Terms and Conditions or any other guidelines and rules
published by Ultimate Singles, Inc.. Any such termination shall be in
Ultimate Singles, Inc.'s sole discretion and may occur without prior
notice, or any notice. Ultimate Singles, Inc. further reserves the right
to terminate any user's access to the Ultimate Singles, Inc. website for
any conduct that Ultimate Singles, Inc., in its sole discretion, believes,
is or may be directly or indirectly harmful to other users, to Trusted
Singles, Inc. or its affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state, federal, or
foreign laws or regulations. Ultimate Singles, Inc. further reserves the
right to terminate any user's access to the Ultimate Singles, Inc. website
for any reason or for no reason at all, in Ultimate Singles, Inc.'s sole
discretion, without prior notice, or any notice.
In order to use the Ultimate Singles, Inc. service, users
must have access to the World Wide Web and must navigate the Internet to
http://www.ultimatesingles.com/. Be aware that individuals under the age of 18
are not permitted on the Ultimate Singles, Inc. website. Trusted
Singles, Inc. does not discriminate on the basis of age (except for the
requirement that individuals must be 18 years old to use the Trusted
Singles, Inc. services), gender, race, ethnicity, nationality, religion,
sexual orientation, or any other protected status.
REGISTRATION AND PRIVACY
To utilize the services provided by the Ultimate Singles, Inc. website,
users are required to register and provide certain data. In consideration of
use of Ultimate Singles, Inc., in registering and providing such data, you
represent and warrant that: (a) the information about yourself is true,
accurate, current, and complete (apart from optional items) as required by the
Ultimate Singles, Inc. registration forms ("Registration Data") and (b)
you will maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Ultimate Singles, Inc. has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Ultimate Singles, Inc. has the right to suspend or
terminate your account and refuse any and all current or future use of the
Ultimate Singles, Inc. service.
Click here to review the complete
Ultimate Singles, Inc. Privacy Policy.
MEMBER AND USER CONDUCT
Upon registering, you will receive a password and Ultimate Singles, Inc.
user ID. You are responsible for maintaining the confidentiality of the
password and user ID, and are fully responsible for all activities that occur
under your password or ID. You agree to (a) immediately notify Trusted
Singles, Inc. of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. Ultimate Singles, Inc. cannot and will not be liable
for any loss or damage arising from your failure to comply with this
requirement.
By registering with Ultimate Singles, Inc., you represent
and warrant that all registration information you submit is truthful and
accurate and that you will maintain the accuracy of such information. You
further represent and warrant that you are 18 years of age or older and that
your use of the Ultimate Singles, Inc. website will not violate any
applicable law. Your membership is for your sole, personal use, and you will
not authorize others to use your account, including your profile or email. You
are solely responsible for all Content published or displayed through your
account, including any email messages, and for your interactions with other
members.
Please choose carefully the information you post on Trusted
Singles, Inc. and that you provide to other members. Your Trusted
Singles, Inc. profile may not include the following items: telephone
numbers, street addresses, last names, URLs or email addresses, and any
photographs posted by you may not contain nudity or any personal information.
You may not circumvent the 'Block Member' feature or otherwise contact another
Ultimate Singles, Inc. member after that member has blocked any electronic
communication from you.
The information provided by other Ultimate Singles, Inc.
members (for instance, in their Questionnaire, Essay or Survey answers) may
contain inaccurate, inappropriate or offensive material or information, for
which Ultimate Singles, Inc. assumes no responsibility or liability.
Ultimate Singles, Inc. reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including email)
by you, or to restrict, suspend, or terminate your access to all or any part of
the Ultimate Singles, Inc. website, at any time, for any or no reason,
with or without prior notice, and without liability.
You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics, video, messages,
files, or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not Ultimate Singles, Inc., are
entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Ultimate Singles, Inc. website. Trusted Introductions I,
LP reserves the right to monitor some, all, or no areas of the Trusted
Singles, Inc. website for adherence to these Terms and Conditions or any
other rules or guidelines posted by Ultimate Singles, Inc..
Prohibited Conduct
You agree that you will not use Ultimate Singles, Inc. to:
Upload, post, email, otherwise transmit, or post links to any Content, or
select any member or user name or email address, that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy rights, hateful, or racially,
sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any
Content that promotes illegal activity, including without limitation the
provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any
Content that exploits the images of children under 18 years of age, or that
discloses personally identifying information belonging to children under 18
years of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual
request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other
users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to,
an Ultimate Singles, Inc. official or employee, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
Upload, post, email, otherwise transmit content that infringes
any patent, trademark, service mark, trade secret, copyright or other
proprietary rights ("Rights") of any party, or contributing to inducing or
facilitating such infringement.
Upload, post, email, otherwise transmit, or post links to any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
Use automated means, including spiders, robots, crawlers, or the
like to download data from the Ultimate Singles, Inc. database.
Conduct your own contests and promotions.
Modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, link, display or in any way exploit
any Content from the Ultimate Singles, Inc. database, including, without
limitation, by incorporating data from the Ultimate Singles, Inc. database
into any e-mail or "white pages" products or services, whether browser-based,
based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained
from the Ultimate Singles, Inc. database or make any other use of data
from the Ultimate Singles, Inc. database in a manner which may offend the
person for whom the data is relevant.
COMPLAINTS
To resolve a complaint regarding the Ultimate Singles, Inc. service, you
should first contact Ultimate Singles, Inc. by email at
support@ultimatesingles.com.
ADVERTISERS AND CONTENT LINKED TO THE
ULTIMATESINGLES.COM WEBSITE
Ultimate Singles, Inc. may provide, or third parties may provide, links to
other sites or resources located on the World Wide Web by allowing a user to
leave the Ultimate Singles, Inc. website to access third-party material or
by bringing the third party material into this site via "inverse" hyperlinks
and framing technology. Ultimate Singles, Inc. has no control over such
sites and resources. You acknowledge and agree that Ultimate Singles, Inc.
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Ultimate Singles, Inc.
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such site or
resource.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Trusted Introductions I,
LP website, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Trusted
Singles, Inc. shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Ultimate Singles, Inc. website.
Ultimate Singles, Inc. shall not be held responsible for
the accuracy, copyright or trademark compliance, legality, or decency of
material provided to Ultimate Singles, Inc. by third parties.
ULTIMATESINGLES.COM EMAIL PROMOTIONS
AND ANNOUNCEMENTS
By creating an account on Ultimate Singles, Inc. you agree to receive
email messages from Ultimate Singles, Inc. regarding special promotional
offers or other information pertaining to your account. And you also agree that
by using the Ultimate Singles, Inc. service, that you do not consider
these messages to be unsolicited email.
NO LICENSE; INTELLECTUAL PROPERTY OF
ULTIMATESINGLES.COM AND OTHERS
Except as expressly provided to the contrary, you agree not to modify, alter,
or deface any of the trademarks, service marks, or other intellectual property
made available by Ultimate Singles, Inc.. You agree not to hold yourself
out as in any way sponsored by, affiliated with, or endorsed by Trusted
Singles, Inc., any of Ultimate Singles, Inc. affiliates, or any of
Ultimate Singles, Inc. service providers. You agree not to use any of the
trademarks or service marks or other Content accessible through the Trusted
Singles, Inc. website for any purpose other than the purpose for which
such Content is made available to users by Ultimate Singles, Inc.. You
agree not to defame or disparage Ultimate Singles, Inc., the trademarks or
service marks of Ultimate Singles, Inc..
INDEMNITY AND RELEASE
By using the Ultimate Singles, Inc. website you agree to indemnify Trusted
Singles, Inc., and its affiliates, officers, and employees, and hold them
harmless from any and all claims and expenses, including attorney's fees,
arising from your use of the Ultimate Singles, Inc. service, or from any
person's use of any user ID or password you maintain with Trusted Introductions
I, LP, regardless of whether such use is authorized by you. By using the
Ultimate Singles, Inc. website, you are hereby agreeing to release Trusted
Singles, Inc. and its affiliates, officers, and employees from any and
all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes. YOU HEREBY AGREE TO
WAIVE ALL LAWS THAT MAY LIMIT THE ENFORCEABILITY OF SUCH RELEASES. FOR EXAMPLE,
YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH PROVIDES 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.
By participating in any offline Ultimate Singles, Inc.
event, you agree to release and hold Ultimate Singles, Inc. harmless from
any and all losses, damages, rights, claims, and actions of any kind including,
without limitation, personal injuries, death, and property damage, either
directly or indirectly related to or arising from your participation in any
such offline Ultimate Singles, Inc. event.
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or relating
to, your use of the Ultimate Singles, Inc. service must be filed within
one (1) year after such claim or cause of action arises, or forever be barred.
CHANGES IN TERMS AND CONDITIONS
Ultimate Singles, Inc. reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these Terms and
Conditions from time to time so you will be apprised of any changes.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Trusted
Singles, Inc., we reserve the right to pursue any and all legal and
equitable remedies against you, including, without limitation, terminating any
and all user accounts on the Ultimate Singles, Inc. website.
If you are aware of any violations of these Terms and
Conditions,
please report them to:
Ultimate Singles, Inc.
13760 Noel Road
Suite 300
Dallas, TX 75240
Email Address:
support@ultimatesingles.com
Thank you for taking the time to read these Terms and Conditions and we hope
you enjoy our service.
Last updated January 28, 2003.
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