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TERMS
AND CONDITIONS OF SERVICE
The
Orthodate service (the "Service")
is a way for Jewish Adults to meet
each other online. Orthodate is provided
by Orthodate,
Inc. ("Orthodate"), whose
address is 5731 Greene Street Hollywood,
FL 33021. This
is a legal agreement ("Agreement")
between you and Orthodate. Please read
the Agreement carefully before registering
for the Orthodate service. By registering
for Orthodate, you become a member
of the Service (a "Member"),
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
Member. IF YOU DO NOT AGREE TO THE
TERMS, PLEASE DO NOT REGISTER FOR THE
Orthodate SERVICE. THE TERMS ARE SUBJECT
TO CHANGE BY Orthodate AT ANY TIME,
EFFECTIVE UPON NOTICE TO YOU. MINORS
MAY NOT BECOME MEMBERS. By becoming
a Member, you represent and warrant
that you are at least 18 years old. Either
you or Orthodate may terminate your
Orthodate membership at any time, for
any reason, without explanation, effective
upon sending written notice to the
other party. Orthodate reserves the
right to immediately suspend or terminate
your access to the Orthodate service,
without notice, upon any breach of
this Agreement by you which is brought
to Orthodate's attention. Your
membership in the Orthodate service
is for your sole, personal use. You
may not authorize others to use your
membership, and you may not assign
or otherwise transfer your account
to any other person or entity. You
are responsible for logging out if
your computer is accessible to others.
This prevents unauthorized access. SHADCHANS:
A Shadchan
account is required for all 3rd-party
contacts. If
you plan on contacting other members
on behalf of someone else then you
must signup for a Shadchan
Account. ONLINE
CONDUCT:
As a Member, you agree that: You
are solely responsible for the content
or information you publish or display
(hereinafter, "post") on
the Orthodate service, or transmit
to other Orthodate Members.
You will not post on the Orthodate service, or transmit to other Orthodate
Members or Employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity).
You will use the Orthodate service in a manner consistent with any and all
applicable laws and regulations.
You will not include in your profile any telephone numbers, street addresses,
last names, URL's or E-mail addresses other than where asked for it in the
Confidential Personal Information section, and you will not include programming
code or personal information for any alternative internet communication methods.
You will not include in your profile any offensive anatomical or sexual references,
or offensive sexually suggestive or connotative language, and you will not
post any photos containing nudity or personal information. Orthodate reserves
the right, but has no obligation, to reject any profile or photo that does
not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the Service. You will not transmit
any chain letters or junk E-mail to other Orthodate Members.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
You are solely responsible for your interactions with other Orthodate Members.
Orthodate reserves the right, but has no obligation, to monitor and/or mediate
disputes between you and other Members.
INDEMNITY BY MEMBER:
You will defend, indemnify, and hold harmless Orthodate,
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 the Orthodate service, 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
the Orthodate service, but not
directly by Orthodate, are those
of their respective authors, and
should not necessarily be relied
upon. Such authors are solely responsible
for such content. Orthodate 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 BY PARTIES OTHER THAN Orthodate.
UNDER NO CIRCUMSTANCES WILL Orthodate
BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER
CONTENT POSTED ON THE Orthodate
SERVICE, OR TRANSMITTED TO Orthodate
MEMBERS. WARNING
- PLEASE READ THIS:
It is possible that other Orthodate
Members or users (including unauthorized
users, or "hackers")
may post or transmit offensive
or obscene materials on the Orthodate
service and that you may be involuntarily
exposed to such offensive and obscene
materials. It also is remotely
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. Orthodate
is not responsible for the use
of any personal information that
you disclose on the Service. Please
carefully select the type of information
that you post on the Orthodate
service or release to others. Orthodate
RESERVES THE RIGHT, BUT HAS NO OBLIGATION,
TO MONITOR THE MATERIALS POSTED IN
THE PUBLIC AREAS OF THE Orthodate SERVICE.
Orthodate SHALL HAVE THE RIGHT TO REMOVE
ANY SUCH MATERIAL THAT IN ITS SOLE
OPINION VIOLATES, OR IS ALLEGED TO
VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THIS RIGHT OF Orthodate,
YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST IN
THE PUBLIC AREAS OF THE SERVICE AND
IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS
SENT BETWEEN YOU AND OTHER Orthodate
MEMBERS THAT ARE NOT READILY ACCESSIBLE
TO THE GENERAL PUBLIC WILL BE TREATED
AS PRIVATE BY Orthodate TO THE EXTENT
REQUIRED BY APPLICABLE LAW. PROPRIETARY
RIGHTS: Orthodate owns
and retains other proprietary rights
in the Orthodate service. The Service
contains the copyrighted material,
trademarks, and other proprietary
information of Orthodate, its licensors
and licensees. In addition, other
Members may post copyrighted information,
which has 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 information or content to any
public area of Orthodate, you automatically
grant, and you represent and warrant
that you have the right to grant, to
Orthodate and other Orthodate Members
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
sub-licenses of the foregoing.
INFORMATION
SUPPLIED BY MEMBER:
Orthodate will keep confidential
all non-profile information supplied
by you to Orthodate and shall
use or
disclose such information only
for the purposes for which such
information was collected, or
as required by law. Please see Privacy
Statement for more detailed
information concerning confidentiality. COMPLAINTS:
To resolve a complaint regarding the
Orthodate service, you should first
contact Orthodate Customer Support
by clicking on the "Contact
Us" button or via email to complaints@orthodate.com. DISCLAIMER
OF WARRANTY: Orthodate PROVIDES THE
Orthodate SERVICE ON AN "AS IS" BASIS
AND GRANTS NO WARRANTIES OF ANY KIND,
EXPRESSED, IMPLIED, STATUTORY, IN ANY
COMMUNICATION WITH Orthodate OR ITS
REPRESENTATIVES, OR OTHERWISE WITH
RESPECT TO THE SERVICE. Orthodate specifically
DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Orthodate
does not warrant that your use of the
Orthodate service will be secure, uninterrupted,
always available, or error-free, or
will meet your requirements, or that
any defects in the Service will be
corrected. Orthodate DISCLAIMS LIABILITY
FOR, AND NO WARRANTY IS MADE WITH RESPECT
TO, CONNECTIVITY AND AVAILABILITY. LIMITATION
OF LIABILITY: IN NO EVENT WILL Orthodate
BE LIABLE 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 SUBSTITUTE SERVICES
OR SERVICE INTERRUPTIONS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE
Orthodate SERVICE, EVEN IF Orthodate
OR ITS AGENTS OR REPRESENTATIVES KNOW
OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR TO ANY PERSON OTHER
THAN YOU. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, Orthodate'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 Orthodate
FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP. Orthodate
DOES NOT SCREEN THE MEMBERS REGISTERING
TO THE Orthodate SERVICE IN ANY WAY.
AS A RESULT, Orthodate WILL NOT BE
LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT,
INCIDENTAL AND/OR CONSEQUENTIAL, ARISING
OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING
OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER MEMBERS OF THIS SERVICE,
OR INTRODUCED TO YOU VIA THIS SERVICE.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION,
PHYSICAL DAMAGES, BODILY INJURY AND
OR EMOTIONAL DISTRESS AND DISCOMFORT.
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