Miami Valley Singles Terms of Use
By using the MiamiValleySingles.com Web Site (the "Web Site")
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 MiamiValleySingles.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
Web Site and your membership in the Service and may be modified by MiamiValleySingles.com
from time to time, such modifications to be effective upon posting by
MiamiValleySingles.com on the Web Site. This Agreement includes MiamiValleySingles.com's
Acceptable Use Policy for Content Posted on the Web Site, MiamiValleySingles.com's
Privacy Policy, and any notices regarding the Web Site. You may also
receive a copy of this Agreement by emailing us at: customercare@MiamiValleySingles.com,
Subject: Terms of Use Agreement.
1. Eligibility. You must be eighteen or over to register as a member
of MiamiValleySingles.com or use the Web Site. Membership in the Service
is void where prohibited. By using the Web Site, 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 Web Site 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 MiamiValleySingles.com
of your written or email notice of termination. MiamiValleySingles.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
MiamiValleySingles.com. If MiamiValleySingles.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 Web Site 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 Web Site
for any purpose. Illegal and/or unauthorized uses of the Web Site, 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 Web Site will be investigated, and appropriate
legal action will be taken, including without limitation, civil, criminal,
and injunctive redress.
4. Proprietary Rights in Content on MiamiValleySingles.com. MiamiValleySingles.com
owns and retains all proprietary rights in the Web Site and the Service.
The Web Site contains the copyrighted material and other proprietary
information of MiamiValleySingles.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 MiamiValleySingles.com may review
and delete any content, messages, MiamiValleySingles.com Messenger
messages, photos or profiles (collectively, "Content") that
in the sole judgment of MiamiValleySingles.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 MiamiValleySingles.com,
you automatically grant, and you represent and warrant that you have
the right to grant, to MiamiValleySingles.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 Web Site. MiamiValleySingles.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/or
· 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, URL's 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 MiamiValleySingles.com cannot monitor the conduct of its
Members off the Web Site, 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,
MiamiValleySingles.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 MiamiValleySingles.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 Web Site; 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. MiamiValleySingles.com’s
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: General Counsel, MiamiValleySingles.com c/o Legal
Department, 35 S St. Clair, St Suite 508, Dayton, OH 45402
7. Subscription. If you sign up for multiple subscriptions to MiamiValleySingles.com,
you will be limited to only one instance of MiamiValleySingles.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 MiamiValleySingles.com Members. MiamiValleySingles.com reserves
the right, but has no obligation, to monitor disputes between you and
other Members.
9. Privacy. Use of the Web Site and/or the Service is also governed
by our Private Policy.
10. Disclaimers. MiamiValleySingles.com is not responsible for any
incorrect or inaccurate Content posted on the Web Site or in connection
with the Service, whether caused by users of the Web Site, Members or
by any of the equipment or programming associated with or utilized in
the Service. MiamiValleySingles.com is not responsible for the conduct,
whether online or offline, of any user of the Web Site or Member of
the Service. MiamiValleySingles.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.
MiamiValleySingles.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 Web Site 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 MiamiValleySingles.com be responsible for any
loss or damage, including personal injury or death, resulting from anyone's
use of the Web Site or the Service, any Content posted on the Web Site
or transmitted to Members, or any interactions between users of the
Web Site, whether online or offline. The Web Site and the Service are
provided "AS-IS" and MiamiValleySingles.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
MiamiValleySingles.com cannot guarantee and does not promise any specific
results from use of the Web Site and/or the Service.
11. Limitation on Liability. Except in jurisdictions where such provisions
are restricted, in no event will Match.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 MiamiValleySingles.com has been
advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, MiamiValleySingles.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 MiamiValleySingles.com
for the Service during the term of membership.
12. U.S. Export Controls. Software from this Web Site (the “Software”)
is further subject to United States export controls. No Software may
be downloaded from the Web Site 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 Web Site
and/or the Service, by using the Web Site, you agree that the dispute
will be governed by the laws of the State of Ohio 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 Ohio, City
of Dayton.
14. Indemnity. You agree to indemnify and hold MiamiValleySingles.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 Web Site and further
affirmed by becoming a Member of the Service, contains the entire agreement
between you and MiamiValleySingles.com regarding the use of the Web
Site 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