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Cupid's Secret Terms and Agreement Cupid's Secret .com is a website for people to meet other people online. In this agreement cupidssecret.com will be referred to as Cupid's Secret. This is a legal agreement ("Agreement") between you and Cupid's Secret. Please read the Agreement carefully before using Cupid's Secret. By registering for Cupid's Secret, you become a "user" of the service, and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a user. If you do not agree to the terms detailed below, please do not register for or use Cupid's Secret. The terms are subject to change by Cupid's Secret at any time, effective upon notice to you. MINIMUM AGE FOR USERS. When you register, and from time to time thereafter, Cupid's Secret will require that you provide sufficient information to indicate that you are at least 12 years old. By becoming a user, you represent and warrant that you are at least 12 years old. Cupid's Secret is currently provided as a service to users who agree to abide by the terms and conditions of the Agreement. Cupid's Secret reserves the right to change the nature of this relationship at any time. Users who violate the terms of the Agreement may be banned permanently from using Cupid's Secret. Cupid's Secret is a commercial web site, established by Cupid's Secret. This is not a public network. Your right to speak freely here must be exercised with courtesy and self- restraint. When you enter Cupid's Secret, it is the same as entering any real privately owned facility, like an office, restaurant, theater, or shopping mall. The manners of real life apply, and we have the right to remove you if you violate the terms of the Agreement. We remind all of our users that you are entirely responsible and liable for all activities conducted by you on Cupid's Secret. Either you or Cupid's Secret may terminate your Cupid's Secret registration at any time, for any reason, effective upon sending written notice to the other party. Cupid's Secret reserves the right to immediately suspend or terminate your access to Cupid's Secret without notice, upon any breach of this Agreement by you which is brought to Cupid's Secret's attention. Your registration for Cupid's Secret is for your sole, personal use. You may not authorize others to use your registration, and you may not assign or otherwise transfer your account to any other person or entity. ONLINE CONDUCT. As a user you agree that: INDEMNITY BY USER. You will defend, indemnify, and hold harmless Cupid's Secret, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of Cupid's Secret, including any breach by you of the terms of this Agreement. ONLINE CONTENT. Opinions, advice, statements, offers, or other information or content made available through Cupid's Secret are those of their respective authors and not of Cupid's Secret, and should not necessarily be relied upon. Such authors are solely responsible for such content. CUPID'S SECRET DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL CUPID'S SECRET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON CUPID'S SECRET, OR TRANSMITTED TO CUPID'S SECRET USERS. You shall agree to the following: - You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. - You agree not to post any of the following types of content nor use Your account in furtherance of any of the following: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use. - You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so. - You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so. - You agree not to use Your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT). - You agree not to use Your account to encourage, facilitate, promote and/or include hate speech, racially offensive, ethnically offensive to groups of various sexual orientations and/or any other content or activity deemed inappropriate by Cupid's Secret, at its sole discretion, for any reason whatsoever. - You agree not to make or attempt any unauthorized access to any Cupid's Secret website or the website of any Cupid's Secret member. - You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that You have with such person(s) and for three years thereafter. WARNING! PLEASE READ THIS: It is possible that other Cupid's Secret users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on Cupid's Secret and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Cupid's Secret is not responsible for the use of any personal information that you may choose to disclose on Cupid's Secret. Please carefully select the type of information that you post on Cupid's Secret for release to others. CUPID'S SECRET RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF CUPID'S SECRET OR TRANSMITTED WHILE ENGAGING IN CHAT. CUPID'S SECRET SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF CUPID'S SECRET, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE, YOUR PRIVATE E-MAIL OR VOICEMAIL MESSAGES AND INFORMATION TRANSMITTED DURING CHAT. E-MAILS ,VOICEMAIL MESSAGES AND PRIVATE CHAT BETWEEN YOU AND OTHER CUPID'S SECRET USERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY CUPID'S SECRET TO THE EXTENT REQUIRED BY APPLICABLE LAW. PROPRIETARY RIGHTS. Cupid's Secret owns and retains other proprietary rights in the Cupid's Secret service. The Service contains copyrighted material, trademarks, and other proprietary information of Cupid's Secret and its licensors. In addition, other users may post copyrighted information, which as copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting or transmitting information, a photograph or content to any public area of Cupid's Secret, you automatically grant, and you represent and warrant that you have the right to grant, to Cupid's Secret and other Cupid's Secret users, 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. INFORMATION SUPPLIED BY USER. Cupid's Secret will keep confidential all information supplied by you to Cupid's Secret, including credit car number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. COMPLAINTS. To resolve a complaint regarding Cupid's Secret, you should first email Cupid's Secret at contactus@cupidssecret.com; you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 400 R Street, Suite 1080, Sacramento, CA 95814 (1-800-952-5210). DISCLAIMER OF WARRANTY. CUPID'S SECRET PROVIDES CUPID'S SECRET SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH CUPID'S SECRET OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. CUPID'S SECRET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CUPID'S SECRET DOES NOT WARRANT THAT YOUR USE OF CUPID'S SECRET WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. CUPID'S SECRET DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE. LIMITATION OF LIABILITY. IN NO EVENT WILL CUPID'S SECRET BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO US CUPID'S SECRET, EVEN IF CUPID'S SECRET OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES OR (ii) TO ANY PERSON OTHER THAN YOU. NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUPID'S SECRET'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 CUPID'S SECRET FOR THE SERVICE DURING THE TERM OF USAGE. IN ADDITION, CUPID'S SECRET DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF CUPID'S SECRET. STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. GENERAL PROVISIONS. This Agreement is entered into in Los Angeles, California. You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in Los Angeles, California. This Agreement, accepted upon registering for and/or using Cupid's Secret, contains the entire agreement between you and Cupid's Secret regarding the use of Cupid's Secret. This Agreement may only be amended upon notice by Cupid's Secret, to you, or by a writing signed by you and an authorized official of Cupid's Secret Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
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