GENERAL TERMS AND CONDITIONS
INTRODUCTION AND TABLE OF CONTENTS
Welcome to EZDATE123.COM. The EZDATE123.COM dating service provides leading web based personals search and navigation, communications, and personalization tools.
Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the services and some provisions that apply to particular services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
1. EZDATE123.COM
2. Conditions and Restrictions on Use
3. Registration and Privacy
4. Responsibility for Minors
5. Parental Controls and Child Safety
6. Member And User Conduct
7. License to Member Web Pages and Other User content
8. Disclaimer of Warranties
9. Limitation of Liability
10. Removal of Links
11. Disclaimer Regarding Third Party Content
12. Storage
13. EZDATE123.COM Communities Guidelines - Chat, Message Boards
14. The EZDATE123.COM dating service Image Gallery Disclaimer
15. Open Directory Disclaimer
16. Advertisers and content Linked to the EZDATE123.COM dating service
17. The EZDATE123.COM dating service Logos and Search Boxes
18. No License; Intellectual Property Rights of EZDATE123.COM and Others
19. Indemnity and Release
20. Limitation of Action
21. Arbitration, Governing Law, and Forum for Disputes
22. Changes in Terms and Conditions and Changes in Services
23. Merger
24. Non-Waiver and Separability
25. Relationship of Parties
26. No Resale, Assignment, or Sublicensing
27. Successors and Assigns
28. Termination; Survival
29. Communication with Users
30. Submissions of Ideas
31. Export Controls
32. Violation of Terms and Conditions
33. Acceptance
back to top
Please read the entire EZDATE123.COM dating service Terms and Conditions before you register for EZDATE123.COM. By registering for and using EZDATE123.COM you agree to become a member of the EZDATE123.COM service and to be bound by these Terms and Conditions for as long as you continue to be a member. Please review these Terms and Conditions from time to time as changes may be made.
By registering for EZDATE123.COM, 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 EZDATE123.COM will not violate any applicable law. EZDATE123.COM alludes communities intended for adults. You represent and warrant that you will only participate in communities appropriate to your age. Your membership is for your sole, personal use, and you will not authorize others to use your account, alluding your profile or mailbox. You are solely responsible for all content published or displayed through your account, alluding any email messages, and for your interactions with other members.
Please choose carefully the information you post on EZDATE123.COM and that you provide to other members. Your EZDATE123.COM profile may not allude 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. Please read Section 6 above, Member Conduct, for additional terms and conditions regarding your use of EZDATE123.COM. You may not circumvent the 'Block Mail' feature or otherwise contact another EZDATE123.COM member after that member has "blocked you".
The information provided by other EZDATE123.COM members (for instance, in their Questionnaire, Essay or Survey answers) may contain inaccurate, inappropriate or offensive material, products or services for which EZDATE123.COM assumes no responsibility or liability.
EZDATE123.COM 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 EZDATE123.COM dating site and or services, at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline EZDATE123.COM event, you agree to release and hold EZDATE123.COM harmless from any and all losses, damages, rights, claims, and actions of any kind alluding, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline EZDATE123.COM event.
We hope your enjoyment of EZDATE123.COM site and services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the EZDATE123.COM community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our services.
back to top
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the services is subject to compliance with these Terms and Conditions. You acknowledge and agree that EZDATE123.COM may terminate your access to the EZDATE123.COM dating service or to any of the services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by EZDATE123.COM. Any such termination shall be in EZDATE123.COM sole discretion and may occur without prior notice, or any notice. EZDATE123.COM further reserves the right to terminate any users access to the EZDATE123.COM dating service or to any of the services for any conduct that EZDATE123.COM, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to EZDATE123.COM or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. EZDATE123.COM further reserves the right to terminate any users access to the EZDATE123.COM dating service or to any of the services for any reason or for no reason at all, in EZDATE123.COM sole discretion, without prior notice, or any notice.
In order to use the services, users must have access to the World Wide Web and must navigate the Internet to www.EZDATE123.COM , www.EZ-DATE.COM , www.PASSIONMANIA.COM. or any another of the URLs that may be associated with the EZDATE123.COM dating service. Be aware that the majority of the EZDATE123.COM dating service is for general audiences, although there are certain areas on the EZDATE123.COM dating service that contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the EZDATE123.COM dating service not open to persons under 18 years of age. With respect to general audience content, if EZDATE123.COM learns that anyone under the age of 18 has accessed the services, EZDATE123.COM will require verified parental consent accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the EZDATE123.COM dating service, however, may not be available to children under 18 under any circumstances.
EZDATE123.COM does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
back to top
Certain of the services will require the user to register and provide certain data. In consideration of use of such services, 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 various EZDATE123.COM dating service 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 complete, or EZDATE123.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, EZDATE123.COM has the right to suspend or terminate your account and refuse any and all current or future use of the services.
All EZDATE123.COM dating service registrations become the exclusive property of EZDATE123.COM, its affiliates and subsidiaries. EZDATE123.COM reserves the right to use and reuse all registration and other personally identifiable user information subject to the EZDATE123.COM dating service Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the EZDATE123.COM dating service Privacy Policy and at individual EZDATE123.COM dating service site.
back to top
In cases where you have authorized a minor to use the services, you recognize that you are fully responsible for: A. The online conduct of such minor; B. Controlling the minor's access to and use of the services; and C. The consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE EZDATE123.COM dating service MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
back to top
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available.
back to top
Upon registering, you will create a USERNAME and a PASSWORD . You are responsible for maintaining the confidentiality of the username and password , and are fully responsible for all activities that occur under your username and password . You agree to A. Immediately notify EZDATE123.COM 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. The EZDATE123.COM dating service cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, 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 the EZDATE123.COM dating service, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Services. The EZDATE123.COM dating service does not control the user or third party content posted via the services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. You acknowledge and Agree that by using the services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the EZDATE123.COM dating service be liable in any way for any user or third party content, alluding, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind , as a result of the use of any such content posted, emailed or otherwise transmitted via the services. As a general matter, EZDATE123.COM does not pre-screen user or third party content posted on the EZDATE123.COM dating service, except for certain areas where EZDATE123.COM employs certain automated screening software, although EZDATE123.COM reserves the right to do so. EZDATE123.COM does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. EZDATE123.COM reserves the right to monitor some, all, or no areas of the services for adherence to these Terms and Conditions or any other rules or guidelines posted by EZDATE123.COM.
You agree that you will not use EZDATE123.COM dating service services 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, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, alluding 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, alluding, but not limited to, a EZDATE123.COM dating service official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, alluding emails, transmitted through the services.
- Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation.
- Upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any 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. This prohibition shall allude, without limitation, the following forms of software piracy:
- Making available copyrighted software or other content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- 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.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information 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 services or the EZDATE123.COM dating service.
- Use automated means, alluding spiders, robots, crawlers, or the like to download data from any EZDATE123.COM dating service database.
- Conduct your own contests and promotions.
- Upload, post, email, otherwise transmit, or post links to any content regarding any raffle, contest or game requiring a fee by participants.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any EZDATE123.COM database, alluding, without limitation, by corporating data from any EZDATE123.COM database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data obtained from any EZDATE123.COM database or make any other use of data from any EZDATE123.COM database in a manner which could be expected to offend the person for whom the data is relevant.
- Create and maintain a EZDATE123.COM dating service web page that A. Redirects to another web page or B. Stores or hosts content for remote loading by other web pages. For example, you cannot create a EZDATE123.COM Club, post pictures to the EZDATE123.COM Club, and have other web pages call the EZDATE123.COM Club page to retrieve those pictures.
- Create and maintain a EZDATE123.COM dating service web page that contains hyperlinks to content not permitted on the EZDATE123.COM dating service.
- Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges.
- Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any EZDATE123.COM employee or representative or interfere with any action by any EZDATE123.COM employee or representative to set right any violation of these Terms and Conditions.
- Use any software deployed in connection with the services to process data as a service to other entities without the express written consent of EZDATE123.COM or the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the EZDATE123.COM dating service community or the spirit of these Terms and Conditions.
- You are not authorized to sell or advertise any product(s), food(s), merchandise etc. or service(s) in this site whatsoever at any time.
You acknowledge and agree that the EZDATE123.COM dating service 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 EZDATE123.COM 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 Terms and Conditions or is otherwise objectionable as determined by EZDATE123.COM, in its sole discretion. EZDATE123.COM may also terminate access to, or membership in, the EZDATE123.COM dating service, 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, alluding 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 EZDATE123.COM dating service, alluding without limitation information in Chat, Message Boards, and in all other parts of the EZDATE123.COM dating site services.
You expressly acknowledge and agree that the EZDATE123.COM dating service may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: A. Comply with legal process; B. Enforce the Terms and Conditions; C. Respond to claims that any content violates the rights of third-parties; or D . Protect the rights, property, or personal safety of EZDATE123.COM, its users and the public. You acknowledge and agree that the technical processing and transmission of the services, alluding your content, may involve A. Transmissions over various networks; and B. Changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by EZDATE123.COM with regard to its users may be disclosed in accordance with EZDATE123.COM Privacy Policy.
back to top
7. MEMBER WEB PAGES AND OTHER USER CONTENT
By submitting a web page , profile, banner ads, etc. to EZDATE123.COM , you grant EZDATE123.COM a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations alluding, and distribute such web page, and any associated content, for the limited purposes of publishing and promoting the users web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the EZDATE123.COM dating service. Such shall apply with respect to any form, media, or technology now known or later developed. The term will extend only for the duration of the users membership or agreement with the EZDATE123.COM dating site service. In the event that such membership or agreement is terminated, EZDATE123.COM will relinquish all rights to the users content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that EZDATE123.COM runs advertisements on the web pages of its users and grant EZDATE123.COM the right to do so. These advertisements may allude, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change.
With respect to any other content posted by or in connection with the services, you grant EZDATE123.COM a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations alluding, create derivative works of, and distribute such content to publish and promote such content in connection with the particular services and to publish and promote such content elsewhere within the EZDATE123.COM dating service. Such license shall apply with respect to any form, media, or technology now known or later developed.
back to top
THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, ALLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EZDATE123.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, EZDATE123.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. EZDATE123.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EZDATE123.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. EZDATE123.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. EZDATE123.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, ALLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. EZDATE123.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY EZDATE123.COM.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
back to top
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL EZDATE123.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERS USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL , CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF EZDATE123.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES ALLUDING SUCH DAMAGES OCCURRED BY THIRD PARTIES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES OCCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EZDATE123.COM DATING SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE EZDATE123.COM DATING SERVICE. SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ALLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF EZDATE123.COM, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM.
UNDER NO CIRCUMSTANCES SHALL EZDATE123.COM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, ALLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
back to top
In reguard to requests from people to remove links from the EZDATE123.COM dating service search services. Although the EZDATE123.COM dating service reserves the right to address such requests individually, the general approach that the EZDATE123.COM dating service takes, reflects the following principles: The catalogs and databases used in connection with the EZDATE123.COM dating service search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the EZDATE123.COM dating service cannot and does not screen anything made available through the EZDATE123.COM dating service search services' catalogs and databases.
back to top
11. DISCLAIMER REGARDING THIRD PARTY CONTENT
In other instances, the EZDATE123.COM dating service makes available directories, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the EZDATE123.COM dating service are compiled by third parties through automated processes. For each web site reflected in the EZDATE123.COM dating service search services' catalogs and databases, if either A. A site owner restricts access to his or her web site or B. A site is taken down from the web, then, upon receipt of a request by the site owner in the first instance, and either the site owner or a third party in the second instance, the EZDATE123.COM dating service would remove the link to that site the catalogs and databases or will pass the request along to any third party compiler of the catalog or database However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time. EZDATE123.COM dating service may offer access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, alluding, but not limited to, sites displayed as search results or contained within a directory of links, EZDATE123.COM has no control whatsoever over the content of such sites. In other instances, alluding, but not limited to, web pages hosted on the EZDATE123.COM dating service or provided to the EZDATE123.COM dating service by third parties, EZDATE123.COM may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the EZDATE123.COM dating service from such sources is developed by people over whom the EZDATE123.COM dating service exercises no control. The search results that appear from the catalogs indexed by the EZDATE123.COM dating service's search engines are automated, and the EZDATE123.COM dating service cannot and does not screen the sites before alluding them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the EZDATE123.COM dating service are posted by third parties, and, with the exception of certain automated screening functions, EZDATE123.COM cannot and does not screen such web pages before they are made accessible to other users of the EZDATE123.COM dating service. Accordingly, the EZDATE123.COM dating service assumes no responsibility for the content of any site alluded in any search results or otherwise linked to the EZDATE123.COM dating service web sites or in any web page hosted for a third party within the EZDATE123.COM dating service. In instances where the EZDATE123.COM dating service does review the sites that are displayed in directories,or references, or where the EZDATE123.COM dating service makes available directories, or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by EZDATE123.COM, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
back to top
Many features of the EZDATE123.COM dating service store information on behalf of users. Examples are, but are not limited to, email messages, chat, web pages, message boards, calendar functions. EZDATE123.COM reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the users account has been inactive. Specifically, EZDATE123.COM reserves the right, in its sole discretion, to delete any materials including E- Mails (letters) stored in connection with a EZDATE123.COM mailbox, if the users account has been inactive for ninety (90) days.
back to top
13. EZDATE123.COM COMMUNITIES GUIDELINES - CHAT, AND MESSAGE BOARDS
Users of EZDATE123.COM Communities, which refer to all EZDATE123.COM dating service chat, and message boards are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a chat room, or a message board by a EZDATE123.COM moderator or host, and EZDATE123.COM may terminate or restrict such users EZDATE123.COM dating service accounts. In addition, EZDATE123.COM may remove any content that violates these Terms and Conditions or is otherwise objectionable, in EZDATE123.COM sole discretion. No person under the age of 18 may participate in EZDATE123.COM Communities, chat, or message boards offered throughout the EZDATE123.COM dating service.
Please read all the Prohibited Conduct described above before using the EZDATE123.COM Communities services, and keep in mind the following when using the EZDATE123.COM Communities services: All information you submit in registering must be true, accurate, current, and complete apart from optional items. Do not 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 or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable. Do not stalk or otherwise harass other users. Do not upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, alluding without limitation the provision of instructions for illegal activity. Do not 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. Do not impersonate any person or entity, alluding, but not limited to, a EZDATE123.COM dating service official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. Do not 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 Do not disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. Do not disobey any EZDATE123.COM Chat hosts, moderators, or other EZDATE123.COM employee or representative or interfere with any action by any EZDATE123.COM Chat host or other EZDATE123.COM employee or representative to set right any violation of these Terms and Conditions. Do not access any EZDATE123.COM Communities' service after your account or access has been terminated by EZDATE123.COM. Do not upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking. Do not interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services, alluding without limitation EZDATE123.COM dating service Chat hosts. Please read the entire Terms and Conditions as the EZDATE123.COM dating site and services are subject to these Terms and Conditions. EZDATE123.COM will not get involved in any dispute between users of EZDATE123.COM
14. EZDATE123.COM dating service IMAGE GALLERY
LIMITED LICENSE: Use of the EZDATE123.COM Image Gallery indicates your acceptance of the following terms and conditions and the EZDATE123.COM dating service Terms and Conditions. The images made available through the EZDATE123.COM Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal and or home veiwing use. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither EZDATE123.COM nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the EZDATE123.COM Image Gallery.
back to top
The EZDATE123.COM dating service makes available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, EZDATE123.COM cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically EZDATE123.COM may attempt to verify the accuracy of information in the Open Directory, neither the EZDATE123.COM dating service nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in the Open Directory. In addition, the EZDATE123.COM dating service has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. The EZDATE123.COM dating service has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. Just as when you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your agreement to these Terms and Conditions. If you proceed to use the Open Directory, you thereby agree to be bound by these Terms and Conditions. The disclaimer of warranties and limitation of liability set forth in capitalized letters above apply to the Open Directory.
back to top
16. ADVERTISERS AND CONTENT LINKED TO THE EZDATE123.COM dating service
EZDATE123.COM 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 EZDATE123.COM dating service to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. EZDATE123.COM has no control over such sites and resources. You acknowledge and agree that EZDATE123.COM 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 EZDATE123.COM 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 EZDATE123.COM dating site services, alluding 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 EZDATE123.COM shall not be responsible or liable for any loss or damage of any sort occurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
EZDATE123.COM encourages you to exercise discretion while using the services to browse the Internet. EZDATE123.COM may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. EZDATE123.COM makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the EZDATE123.COM dating service web sites. EZDATE123.COM shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the EZDATE123.COM dating site search results or otherwise linked to the EZDATE123.COM dating site or provided to the EZDATE123.COM dating site by third parties.
back to top
17. THE EZDATE123.COM dating service LOGOS AND SEARCH BOXES
Linking to the EZDATE123.COM dating site. The EZDATE123.COM dating site offers a non-assignable, non-transferable, and non-exclusive license to link to the EZDATE123.COM dating site, using the EZDATE123.COM dating service logos and search boxes, subject to the following provisions. The EZDATE123.COM dating service logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the EZDATE123.COM dating service and allowing users of your site to access the services on the EZDATE123.COM dating service. The EZDATE123.COM dating service logos and search boxes may not be used for any other purpose, alluding, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the EZDATE123.COM dating service. The EZDATE123.COM dating service logos and search boxes may only be used in accordance with the EZDATE123.COM in the exact size, shape, colors, design, and configuration as found on those web pages. The EZDATE123.COM dating service logos and search boxes may not be altered in any manner. The EZDATE123.COM dating service logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The EZDATE123.COM dating service logos and search boxes may not be used to disparage the EZDATE123.COM dating service, its products or services, or in a manner which, in EZDATE123.COM's reasonable judgment, may diminish or otherwise damage EZDATE123.COM's good will in the EZDATE123.COM dating service logos. By using any such EZDATE123.COM dating service logo or search box, you acknowledge that the EZDATE123.COM dating service has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will add to the benefit of the EZDATE123.COM dating service. If you use the EZDATE123.COM dating service logos or search boxes, you must allude appropriate attribution. EZDATE123.COM reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. EZDATE123.COM reserves the right to take action against any use that does not conform to these provisions.
Permissions
If you would like permission to use any EZDATE123.COM trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the EZDATE123.COM Trademark Usage Guidelines.
Once you have reviewed our Guidelines, please email EZDATE123.COM specifying from which Product or Service you would like to use information. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that EZDATE123.COM grants permission only on a per-item, per-project basis.
Your request will be processed once we receive your completed Permission Form. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in EZDATE123.COM' Permission Approval Letter.
back to top
18. NO LICENSE; INTELLECTUAL PROPERTY OF EZDATE123.COM AND OTHERS
Except as expressly provided, nothing within any of the services shall be construed as conferring any license under any of the EZDATE123.COM dating service's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the EZDATE123.COM dating site and the services is protected by copyright, trademark, and possibly patent, or other proprietary rights of EZDATE123.COM and its affiliates, licensors, and service providers. 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 EZDATE123.COM in connection with the services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by EZDATE123.COM, any of EZDATE123.COM affiliates, or any of EZDATE123.COM service providers. You agree not to use any of the trademarks or service marks or other content accessible through the EZDATE123.COM dating service of any purpose other than the purpose for which such content is made available to users by EZDATE123.COM. You agree not to defame or disparage EZDATE123.COM, the trademarks or service marks of EZDATE123.COM, or any aspect of the services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the services or any software or programs used in connection with the services or the EZDATE123.COM dating service.
back to top
By using the EZDATE123.COM dating service web site, you agree to indemnify EZDATE123.COM, . and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, alluding attorney's fees, arising from your use of the EZDATE123.COM dating service web site, your use of the services, or your submission of ideas and/or related materials to EZDATE123.COM or from any person's use of any account or password you maintain with any portion of the EZDATE123.COM dating service, regardless of whether such use is authorized by you. By using the EZDATE123.COM dating site, using the services, or submitting any ideas and/or related materials to EZDATE123.COM, you are hereby agreeing to release EZDATE123.COM and its parents, subsidiaries, 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 and/or to the services or to any disputes regarding use of ideas and/or related materials submitted to EZDATE123.COM. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY 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, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
back to top
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 EZDATE123.COM dating service or the services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
back to top
21.ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the services, all legal issues arising from or related to the use of the services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Ohio applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any users use of the services 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 Cleveland, Ohio, and judgment on the arbitration award may be entered into in any state or federal court in Ohio having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Ohio having jurisdiction thereof. Except as set forth above, the state and federal courts of Ohio shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any users use of the services. By using the services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Ohio with respect to all such disputes.
back to top
22. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN SERVICES
The EZDATE123.COM dating service reserves the right to modify the services from time to time, for any reason, and without notice, including the right to terminate the services. The EZDATE123.COM dating service 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.
back to top
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between EZDATE123.COM representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual EZDATE123.COM dating site or in connection with the services are operated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any services available on or through the web site or the respective services at which those other provisions may be found.
back to top
24. NON-WAIVER AND SEPARABILITY
EZDATE123.COM failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
back to top
You acknowledge and agree that you and EZDATE123.COM are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
back to top
26. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of EZDATE123.COM.
back to top
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and made familiar to the benefit of the parties hereto and their respective heirs, successors, and assigns.
back to top
These Terms and Conditions shall continue in effect for as long as you use the services, unless specifically terminated earlier by EZDATE123.COM. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
back to top
EZDATE123.COM reserves the right to communicate with you regarding your use of the services.
back to top
The EZDATE123.COM dating service is always improving its services and developing new features. If you have ideas regarding improvements or additions to the EZDATE123.COM dating service, we would like to hear them, but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO EZDATE123.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO EZDATE123.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO EZDATE123.COM THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT EZDATE123.COM IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY EZDATE123.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
back to top
Certain software, and related documentation or technical information, available through the EZDATE123.COM dating service is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
back to top
32. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of EZDATE123.COM and the EZDATE123.COM dating service, EZDATE123.COM reserves the right to pursue any and all legal and equitable remedies against you, alluding, without limitation, terminating any and all user accounts on any and all of the EZDATE123.COM dating service web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
By using the services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual EZDATE123.COM dating service web site, Product or Service. All such guidelines and rules are hereby corporated by reference into the Terms and Conditions.
Last updated March 14, 2005
|
EZDATE123.COM Worldwide © Copyright 2002, 2003, 2004, 2005 EZDATE123.COM All Rights Reserved. Your use of this website constitutes acceptance of the EZDATE123.COM Privacy Policy and Terms & Conditions. INCLUDING UPDATES. back to top Back to Ezdate123 Personals |






