The VeggieDate web site ("Site") provides a way for you to meet and interact with other people and groups, and offers other various services for our users (our Site and services, collectively, "Service"). Our Service, which includes the Website and all services we offer through and connected with the Website, is a forum for adults to seek out and attempt to meet and share content with other adults online. No guarantees or representations are made that you will meet any individual or individuals, and no representations are made as to any contacts or relationships which you may institute or develop during the course of your use of the Service. Your use of our Service is subject to the following Terms and Conditions of Use ("Terms"). Your use of our Service is contingent upon your review and acceptance of the Terms and Conditions of Service Use, and constitutes a legal agreement between you and Open Heart Dating, the owner of the Service.
- USER CONDUCT
A. In your use of our Service, you agree to act responsibly and exercise good judgment. For example and without limitation, you agree not to: (a) violate any applicable laws or regulations, (b) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, flood pings, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (e) use our Service to distribute, transmit, post or submit any information concerning any other person or entity, including but not limited to, personal contact information or credit, debit, calling card or other account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements, (g) harass, stalk, threaten or abuse any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose or purposes whatsoever or for any purpose other than dating or finding friendships/activity partners, (j) promote any third party Service (k) solicit money or goods from any member, (l) assist any third party in doing any of the foregoing activities, (m) prevent or impede any other party's access to the Service, (n) reproduce, attempt to reproduce, circumvent or attempt to circumvent any functionality, navigational structure or presentation of the Service or it's contents, or (o) use meta tags or other references to VeggieDate in order to direct traffic to any other website.
B. You are solely responsible for your interactions with other users of our Service. We will not be responsible for any harm, damage, or threats of harm or damage, resulting from your interactions with other users of our Service. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Service and take any other action in good faith to restrict access to or the availability of any material that we, in our own independent judgment, or another user of our Service may consider to be obscene, lewd, filthy, lascivious, excessively violent, harassing or otherwise objectionable.
C. You represent, agree, and acknowledge that you are, and any other individuals with access to your account, are and must be at least eighteen (18) years of age (or the legal age of majority if the said age in your jurisdiction is older than 18 years). Membership in the Service is void where legally prohibited.
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Service is designed to allow users to post information and photographs/videos about themselves for review by the public and other users. Accordingly, by submitting any personal information and/or your photograph/video, you waive any privacy expectations you have with respect to our use of the personal information, photographs, videos or likeness provided to us. Your age is posted on your profile and is a searchable element . If you do not wish to have your information or photographs/videos about yourself viewed by or disclosed to others, do not use our Service. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to protect or enforce our rights, to prevent an emergency, to protect or enforce the rights of a third party, or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we may provide this information to third-party service providers who assist us in maintaining our Service and deliver information and services to you and other users of our Service.
- USER CONTENT
A. By submitting any content, including but not limited to, your photograph/video, or any other photographs or videos, to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, adapt, modify, perform, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world (including affiliate sites), and for any purpose. You hereby acknowledge and agree that any content, that you post may be reposted elsewhere, without ascribing credit to the user.
B. You are solely responsible for any content that you submit, transmit or post on or by this Service. You agree not to submit, transmit or post any content that: (a) is libelous, defamatory or slanderous, (b) graphically (through photographs, videos, or any other medium) depicts nudity, oral sex, anal or vaginal intercourse, any other kind of anal or vaginal penetration, or an erect penis, (c) textually describes acts of oral sex, masturbation, vaginal or anal intercourse or any other kind of anal or vaginal penetration, (d) may denigrate any racial, ethnic, sexual or religious group by stereotypical depiction or otherwise, (e) exploits photographs, images or the likeness of individuals under 18 years of age, (f) makes use of offensive language or images, (g) characterizes violence as acceptable, desirable, or glamorous, (h) contains any of your personal contact information, including your telephone number, street or mailing address, surname, email address, web site address, blog address, instant messenger identification, specific location information where you can be found, or any other contact information unless you have a networking profile ad , i) is encrypted in any form or manner, (j) constitutes spam, form letters, chain letters, or mass mailing, (k) involves solicitation of any commercial nature ( excluding content on your networking profile ad if you have one), (l) serves to or by inference acts as an impersonation of any other person or entity not yourself, (m) contains code, files, programs, scripts, or actions that serve to interrupt, damage, destroy or disable the functionality of this Service, or the service of any affiliates or related services.
C. We are under no obligation to post, transmit, or utilize any content that you or anyone else submits. In addition, we may, in our sole discretion, edit, remove or delete any content that you post or submit.
- INTERACTIONS WITH OTHER USERS
A. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Service. You agree and acknowledge that we do not generally monitor messages sent between users but reserve the right to do so. You agree and acknowledge that we do not screen, verify or inquire into the background or history of our users, or attempt to verify the accuracy of the statements made by our users. We make no representations or warranties as to the conduct of users of this Service, the information that they provide, or their compatibility with any other users. We shall not be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any person in connection with the use of this service, including but not limited to bodily injury, emotional distress, disease transmission and/or any other damages resulting from interactions with other users or any persons you interact with through the Service. You agree to take reasonable precautions in all interactions with other users or anyone you meet through the Service. You are strongly encouraged to read important Safety Tips prior to interacting with anyone through this Service. You should not provide financial information to other users.
B. Any advice that may be posted, published or visible on or through the Service is for informational and entertainment purposes only and is not intended to be used as professional, legal, financial, medical or other professional advice. We do not endorse or support any material or information posted by any party. We make no representations or warranties and expressly disclaims any and all liability connected with any person who follows the information offered or provided within or through the Service. If you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- THIRD PARTY CONTENT
In your use of our Service, you may access content provided by third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control any Third Party Content and make no representations or warranties about said content. You agree that by using our Service, you may be exposed to Third Party Content that is offensive, indecent, false, or otherwise objectionable. Under no circumstances will we be responsible or liable, in any way or form, for any Third Party Content, including but not limited to, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you will review, evaluate, and bear all risks associated with said Third Party Content, including but not limited to, profiles and photographs of other users of our Service.
- USERNAME AND PASSWORD
You shall select a username and password while completing the registration process. You are personally, individually, and fully responsible for maintaining the confidentiality of your username and password, and are personally, individually, and fully responsible for any and all activities that occur under your username and password. You agree to: (a) notify us immediately of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not and can not be held liable for any loss or damage arising from your failure to comply with this Section.
- TERM AND TERMINATION
This agreement shall remain in full force and effect for the duration of your use of the service, and for a period of six (6) years thereafter. Sections 10, 11, 12, 13, 14, 15, and 16 shall remain valid and in effect for a period of ten (10) years following your discontinuation of use of, or your termination from, this Service. You agree that we, in our sole discretion, may interrupt, discontinue, and terminate your access to our Service for any reason, including but not limited to, your breach of these Terms. You agree that any interruption, discontinuance, or termination of your access to our Service may be conducted without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate, or delete any or all of your accounts, and all related information, images, and files in such accounts and/or prevent any further access to such files or our Service. Furthermore, you agree that we will not be responsible or liable to you or any third party for any interruption, suspension, discontinuance or termination of your access to our Service.
- DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You understand and agree that we shall not be liable to you or any third party for any discontinuance or modification of our Service.
- BLOCKING OF IP RANGES AND ADDRESSES
In order to protect the integrity of the Service, we may at any time, at our sole discretion, block certain IP addresses or IP ranges from accessing the Service.
- REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have full authority and power to enter into and perform under the Terms contained herein, (b) your access and use our Service shall not infringe upon the copyright, trademark, or any other legal right of any third party, (c) you shall comply with any and all applicable laws in using this Service and in engaging in any and all other activities relating to, arising from, or connected with these Terms, including but not limited to, contacting other users of our Service and (d) you are the owner of, or otherwise have or posses all rights required or necessary to license all content you submit, and that the posting and use of said content by us does not and will not infringe or violate the rights of any third party.
- DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU CHOOSE TO USE ANY PORTION OR ASPECT OF OUR SERVICE, YOU DO SO AT YOUR OWN SOLE AND INDEPENDENT RISK. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT OR REPRESENT (A)THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) THAT OUR SERVICE WILL BE FREE OF ERRORS, UN-INTERRUPTED, TIMELY, OR SECURE, (C) THAT ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE RELIABLE, ACCURATE, OR TIMELY, (D) THAT THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL(S) PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) THAT ANY INFORMATION YOU PROVIDE OR THAT WE COLLECT SHALL NOT BE DISCLOSED TO THIRD PARTIES OR (F) THAT ANY ERRORS IN ANY SOFTWARE OR DATA SHALL BE CORRECTED.
C. IF YOU VIEW, ACCESS, OR TRANSMIT ANY DATA, INFORMATION OR CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR INDIVIDUAL AND SOLE RISK. YOU ARE INDEPENDENTLY AND SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH ANY SUCH ACTIONS.
D. NO INFORMATION, DATA OR ADVICE OBTAINED BY YOU IN VERBAL, ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITS ON LIABILITY
A. YOU FULLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY , OR CONSEQUENTIAL DAMAGES (NOTWITHSTANDING THAT WE MAY HAVE BEEN ADVISED OF THE POTENTIAL OR POSSIBILITY OF SAID DAMAGES), RELATING TO, ARISING FROM, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR CONTENT, (D) CONDUCT, STATEMENTS, OR OMISSIONS OF ANY THIRD PARTY OR SERVICE PROVIDERS ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMING UNDER THESE TERMS OF SERVICE AND USE, WHERE SUCH DELAY OR FAILURE IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, COMMUNICATIONS SYSTEMS BREAKDOWNS, NATURAL CATASTROPHES, TERRORISM, LABOR STRIKES OR DIFFICULTIES, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION DELAYS, SLOWDOWNS OR STOPPAGES, OR THE INABILITY TO OBTAIN OR PROCURE SUPPLIES AND/OR MATERIALS.
C. SITE, OPEN HEART DATING, ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, PROPERTY DAMAGE, PUNITIVE, DISEASE, ILLNESS, INJURY, DEATH OR ANY OTHER DAMAGE OR INJURY OF ANY KIND, RELATED TO OR RESULTING FROM THE USE OF THE SERVICE OR ANY MESSAGES, CONTENT OR DOWNLOADS CONNECTED TO OR OBTAINED FROM THE SERVICE, WHETHER ONLINE OR OFFLINE, MEETING OR ATTEMPTING TO MEET ANYONE YOU CONTACT THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE SERVICE, OR CAUSED BY THE ACTIONS OR OMISSIONS OF ANYONE, INCLUDING ANY USER OF THIS SERVICE.
D. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
E. SEVERAL JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
You acknowledge that use of the Service is at your own risk, and agree and accept sole personal responsibility for any and all damage or damages you incur as a result of your use of the Service. You agree and acknowledge that Open Heart Dating, its employees, officers, agents, contractors, and affiliates, shall not be liable or responsible for any claims, damages, or suits arising either directly or indirectly from your use of the Service, including but not limited to compensatory damages, special damages, incidental damages, consequential damages, copyright infringement, trademark infringement, patent infringement, libel, slander, invasion of privacy, interference with the rights of publicity, loss of goodwill, loss of data, lost profits, work stoppage, property damage, punitive damages, disease, illness, injury, or death. You agree to defend, indemnify and hold us harmless from any demand, claim, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any claim, action, suit or proceeding brought against us arising out of your use of our Service, or alleging facts and/or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to defend and/or indemnify us, we retain the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle said action, and if so, on what specific terms.
If either party agrees to waive its right to enforce any term of this Contract, it does not waive its right to enforce any other terms of this Contract.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of the Agreement shall have full force and effect.
- GOVERNING LAW AND VENUE
This Agreement, and the rights and obligations of the Parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the claimed breach thereof, shall be venued in the State Supreme Court of the County of Suffolk, State of New York, or a State or County Court of lesser jurisdiction in said County.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU AGREE TO REVIEW THESE TERMS FROM TIME TO TIME FOR ANY SUCH CHANGES.