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Singles with Scruples Terms of Use

Please read the following terms and conditions carefully, as they form a legal agreement between us. If you do not agree to these terms and conditions, you may not use the Singles with Scruples service and should not proceed to register. By using the Service after Thursday, February 19, 2004 you are agreeing to be bound by this Agreement, including all amendments made to date.

 

 

A. Acceptance

Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which the Singles with Scruples Services (the "Services") are provided to you by the Singles with Scruples, a company wholly owned and operated by RhinoTechnologies, whose registered office is at 7660 Labrador Lane, Carbondale, IL, USA. By registering or placing a personals ad with Singles With Scruples you become a member of the service (a “Member”) and you agree, without limitation or qualification, to be bound by, and to accept, these Members Terms of Use and Conditions Agreement (the “Terms”) and any other posted guidelines or rules applicable to Singles With Scruples web site for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for the service or otherwise access or use this web site.

B. Restrictions on Use

This service is for adults only. You must be at least 18 years old to register, and by signing up for a membership on this site you certify that you are at least 18 years old. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

C. Member and User Online Conduct

You are solely responsible for the content or information you publish or display (hereinafter, "post") on the site, or transmit to other Members of the site.

You are solely responsible for your interactions with other Members. You are responsible for your own privacy and any information you make available through this site.

This site is not responsible for the online conversations expressed by the users of this site and does not necessarily agree with any content posted on this site.

This site is not responsible for any damage to your hardware/software caused by downloading viruses or any other disruptive data from this site posted by other users.

This site is not responsible for any actions taken by you or others in response to any material on this site or contained herein.

You agree that you will not use this site or its services to:

  1. Intentionally or unintentionally violate any and all applicable laws and regulations.
  2. 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.
  3. Upload, post, e-mail, or otherwise transmit or post links to any personal profile information such as telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person.
  4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  5. 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, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  6. Upload, post email otherwise transmit or post links to any photographs or other images containing nudity or such personal information. Singles with Scruples reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.
  7. Sell, distribute, or make any commercial use of data obtained from any Singles with Scruples database or make any other use of data from any Singles with Scruples database in a manner which could be expected to offend the person for whom the data is relevant.
  8. Create more than one unique profile with the Service.
  9. 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.
  10. Impersonate any person or entity.
  11. "Stalk" or otherwise harass any person.
  12. Conspire to commit a crime through the use of this site
  13. Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
  14. 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, except in those areas that are designated for such purpose.
  15. Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
  16. Harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
  17. Use automated means, including spiders, robots, site search/retrieval applications, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  18. Remove any copyright, trademark or other proprietary rights notices contained in the Site.
  19. 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.
  20. Interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.
  21. Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services of Singles with Scruples.
  22. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  23. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
  24. "Frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Singles with Scruples or the Service of the Site in order to direct any person to any other website for any purpose.
  25. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
  26. Intentionally disrupt the use of this site by manipulating the hardware/software/content of this site
  27. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  28. Exclude any liability for death or personal injury due to negligence of any party.
  29. Access the Services after your account or access has been terminated by Singles with Scruples.
  30. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.

You acknowledge and agree that the Singles with Scruples and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Singles with Scruples and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Members Terms and Use Conditions Agreement or is otherwise objectionable as determined by Singles with Scruples, in its sole discretion. Singles with Scruples may also terminate access to, or membership in, the Singles with Scruples, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Singles with Scruples and in all other parts of the Singles with Scruples of Services.

D. Indemnity by Member

You agree to indemnify, defend and hold harmless Singles with Scruples, its partner sites, officers, directors, employees, and consultants from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site, the violation of these terms and conditions by you, or the infringement by you, or other user of the Singles with Scruples or partner web sites through the use of your computer, or your infringement of any intellectual property or other right of any person or entity. Singles with Scruples and its partner sites reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

E. Disclaimers

Singles with Scruples 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. Singles with Scruples is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Singles with Scruples 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.

Singles with Scruples 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 Singles with Scruples 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 Singles with Scruples expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Singles with Scruples cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

F. Online Content

Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of Singles with Scruples or its partner sites and should not necessarily be relied upon. Such Members are solely responsible for such content. Singles with Scruples and its partner sites do 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 Singles with Scruples or its partner sites be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.

Singles with Scruples may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.

G. Obscenities and Monitoring

It is possible that other Singles with Scruples Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Singles with Scruples service 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. Singles with Scruples and its partner sites are not responsible for the use of any personal information that you may choose to disclose on our Service. Please carefully select the type of information that you post on the services herein or release to others.

Singles with Scruples, reserves the right, without obligation, to monitor the materials posted in all areas of the Singles with Scruples services. Singles with Scruples 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 Singles with Scruples, every member remains solely responsible for the content of the materials they post in the public and private areas of the service, including private e-mail messages. E-mails sent between you and other Singles with Scruples or partner site members, which are not readily accessible to the general public will be treated as private by Singles with Scruples and its partner sites, to the extent required by applicable law.

H. Electronic Mail

Singles with Scruples reserves the right to send registered members or advertisors, electronic mail regarding its products and services. Singles with Scruples forwards mail anonymously from other customers to members who have posted ads or profiles that are publicly visible on the site. You agree to accept such. You understand that it may take up to forty-eight hours for Singles with Scruples to remove your e-mail address from our address list, if you choose to no longer receive e-mail which does not explicitly relate to your membership..

I. Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Singles with Scruples 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 Service.

J. Proprietary Rights and Copyrights

Singles with Scruples owns and retains other proprietary rights in the Singles with Scruples Services and the Site, including data submitted by Members or anonymous users and reserves its right to assign ownership of its data and all property by acquisition of Singles with Scruples, its parent company, or its products, jointly or severally, by any third party. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of Singles with Scruples, its licensors, and possibly its partner sites. 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 area of Singles with Scruples or its partner sites, you automatically grant, and you represent and warrant that you have the right to grant, to Singles with Scruples and its partner sites and other 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 sublicenses of the foregoing. Even after membership is terminated, these Proprietary Rights and Copyrights will remain in effect.

K. Limitation of Liability

In no event will Singles with Scruples or its partners 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 substitute services or service interruptions) arising out of your use of or inability to use the singles with scruples or partners’ sites or services, even if singles with scruples, or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you notwithstanding anything to the contrary contained herein. 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 Singles with Scruples for the service during the term of membership.

In addition, Singles with Scruples, disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the singles with scruples service.

L. State by State Varaiations

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.

M. Modifications to Service

Singles with Scruples reserve the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site.

N. Termination

Either you, Singles with Scruples, may terminate your membership or personals ad at any time, for any reason. Singles with Scruples reserve the right to immediately suspend or terminate your access to the Singles with Scruples service, without notice, upon any breach of this Agreement by you which is brought to Singles with Scruples attention.

O. Disclaimer of Warranties

Singles with Scruples provides the service and the site on an "as is" basis and grants no warranties of any kind, express, implied or statutory, in any communication with Singles with Scruples or its representatives, partners, or otherwise with respect to the service or the site. Singles with Scruples specifically disclaims any implied warranties of merchantability, fitness for a particular purpose or noninfringement. Singles with Scruples, its parent company, and its partners do not warrant that your use of the service or the site will be secure, uninterrupted, always available or error-free, or will meet your requirements, or that any defects in the service or the site will be corrected. Singles with Scruples, its parent company, and its partners disclaim liability for, and no warranty is made with respect to, internet connectivity or other service, including availability of or any interruption in connectivity to our site or other service.

P. Confidentiality, User Handle, Password

As part of the registration process, you will be asked to select a user handle and password. We may refuse to grant any user handle that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your user handle and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available within the Site’s services. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER HANDLE, AS IT IDENTIFIES YOU AS AN INDIVIDUAL, AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Q. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. You agree that any legal action or proceeding between you and Singles with Scruples or its parent company, related to these Terms of Service, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Williamson County, State of Illinois.

R. Arbitration

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Williamson County, State of Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Singles with Scruples may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or Singles with Scruples pending the completion of arbitration.

As of Thursday, February 19, 2004