Your use of MyDatingTree products, website (collectively known as services) is subject to the terms of a legal agreement between you and MyDatingTree. This document explains how the agreement is made up and sets out the terms of the agreement.
By using the MyDatingTree community that MyDatingTree operates on our website, currently located at http://www.mydatingtree.com (the "Website"), you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member of the MyDatingTree Community ("Member").
Eligibility and Registration
You must be 13 years or older to use the MyDatingTree Service. By registering for the MyDatingTree Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a MyDatingTree.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Password
When you sign up to become a Member, you will also be asked to choose a username and a password for your Member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
Member Conduct and Appropriate Content
The MyDatingTree Service is made available for your personal, non-commercial use only. You may not use the MyDatingTree Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the MyDatingTree.com Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does MyDatingTree have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the MyDatingTree Service.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MyDatingTree (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MyDatingTree or by the owners of that Content, in a separate agreement.
MyDatingTree reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, MyDatingTree may provide tools to filter out explicit sexual content.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that MyDatingTree has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MyDatingTree may suffer) by doing so.
Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the MyDatingTree Service. By way of example, and not as a limitation, you agree NOT to:
 |
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. |
|
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. |
|
Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members |
|
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others. |
|
Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by MyDatingTree.com |
|
Create a false or misleading identity of, including, but not limited to, a MyDatingTree employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. |
|
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. |
|
Use the MyDatingTree.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website. |
|
Attempt to gain unauthorized access to the MyDatingTree Service, other accounts, computer systems or networks connected to the MyDatingTree Service, through password mining or any other means. |
|
Modify, adapt, translate, or reverse engineer any portion of the MyDatingTree Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the MyDatingTree.com Service. |
|
Reformat or frame any portion of the web pages that are part of the MyDatingTree.com Service. |
|
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. |
|
Remove any copyright, trademark or other proprietary rights notices contained in or on the MyDatingTree Service. |
|
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. |
|
Interfere with another Member's use and enjoyment of the MyDatingTree Service. |
|
Harvest or collect email addresses or other contact information of Members, including usernames, from the MyDatingTree.com website by electronic or other means. |
Proprietary Rights
MyDatingTree does not claim any ownership rights in any Materials that you submit, post, or display on or through the MyDatingTree Services or on the MyDatingTree.com Web site. After submitting, posting or displaying Materials on or through the MyDatingTree Services or on the MyDatingTree.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the MyDatingTree Service, you hereby grant to MyDatingTree a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the MyDatingTree Service.
MyDatingTree and its affiliates and licensors own and retain all rights in the MyDatingTree.com Web site and MyDatingTree Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the MyDatingTree Service by MyDatingTree.com. Except as expressly authorized by MyDatingTree.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of MyDatingTree.com's proprietary information.
Your Member Profile and Dating Tree Information
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission. When you add information and picture of another person in your dating tree it is assumed that you have dated or currently dating the person and you are not posting the information and pictures without obtaining the prior written consent of person.
Prohibited Content includes Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any form;
(h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Termination of the MyDatingTree Service
These Terms of Service will apply to your use of the MyDatingTree Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To cancel your account click here. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the MyDatingTree Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
MyDatingTree may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the MyDatingTree Service, or any part thereof, with or without notice. You agree that any termination of access to the MyDatingTree Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that MyDatingTree may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MyDatingTree Service. Where possible, MyDatingTree will use reasonable efforts to give Members fair notice of termination or suspension of their access to the MyDatingTree Service. Further you agree that MyDatingTree shall not be liable to you or any third party for any termination or suspension of access to the MyDatingTree Service or modification of the MyDatingTree Service.
Disclaimer
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MyDatingTree EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND MyDatingTree DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. MyDatingTree DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation On Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MyDatingTree SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MyDatingTree HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MyDatingTree 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) ANY AMOUNT PAID BY YOU TO MyDatingTree FOR THE SERVICES; AND (2) FIFTY U.S.DOLLARS (US$50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at MyDatingTree 's request defend, MyDatingTree, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the MyDatingTree.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, MyDatingTree will provide you with written notice of such claim, suit or action.
Other
This Agreement contains the entire agreement between you and MyDatingTree regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MyDatingTree to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. |
