End User Agreement
Please take a moment before you enter the Service to read the following agreement,
which describes the terms and conditions of this Service. Then, if you agree with
the terms of this Service Agreement, signify your approval at the bottom of this
screen. By signifying your approval, you agree to abide by all the terms and conditions
set forth herein. Failure to abide by the terms and conditions in this agreement
will be grounds for revoking your membership to the web site. After your acceptance
of this agreement, you will officially become a member of the web site and will
be able to take advantage of all the services offered within. From this point forward
in this agreement, you will be referred to as the “User.”
1. Web Site Provider
Welcome to our Online Community. This Service is provided to you by Divorce 2 Dating
(D2D). As the Service Provider, D2D may modify this Agreement at any time. Such
modifications will be posted on the web site and members will be notified through
the Service.
2. Policy for Online Conduct
By using the Service, you agree that you will not post to the Online Community or
use this Service to participate in any of the following:
• Posting or sending “Spam” email to other Users – Posting or sending
“spam” email through the D2D systems or using the D2D trademark in connection
with posting or sending “spam” email is a serious violation of Netiquette,
as well as a violation of applicable laws. The Provider will take the appropriate
legal action under the circumstances, which may involve referring the matter for
criminal prosecution.
• Displaying material containing nudity or pornographic material of any kind;
• Providing material that is grossly offensive to the Online Community, including
blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity;
• Displaying material that exploits children under 18 years of age;
• Promoting or providing instructional information about illegal activities, promoting
physical harm or injury against any group or individual, or promoting any act of
cruelty to animals; This includes, but is not limited to, the following activities:
• Providing instructions on how to assemble bombs, grenades and other weapons;
• Disseminating personal information about another individual for malevolent purposes;
• Creating "Crush" sites;
• Providing computer software viruses or software designed to create a virus;
• Providing satellite TV cracks;
• Providing programs to "nuke" or create a denial of service attack against
another individual or ISP;
• Facilitating the delivery of "spam" email;
• Soliciting passwords from other members
. • Committing acts of copyright, trademark, patent, trade secret or other intellectual
property infringement; This includes, but is not limited to, the following activities:
• Providing pirated computer programs or links to such programs (this also includes
files which are solely intended for game emulation);
• Providing information used to circumvent manufacturer-installed copy-protect devices,
including serial or registration numbers for software programs;
• Providing any type of cracker utility;
• Providing pirated music or links to such files.
• Defaming any person or group;
• Developing restricted or password-only access pages, or hidden pages or images
(those not linked to from another accessible page);
• Using your home page (or directory) as storage for remote loading, whether inside
or beyond the Online Community;
• Developing home pages or session posts that consist of hyperlinks to content not
allowed in the Online Community;
• Using the Online Community for the purpose of gathering personal identifying information
from individuals for commercial or unlawful purposes;
• Posting or disclosing any personal identifying information belonging to children
• Violating Internet standards for the purpose of promoting your home page;
• Engaging in commercial activities; This includes, but is not limited to, the following
activities:
• Offering for sale any products or services;
• Soliciting for advertisers or sponsors;
• Conducting raffles or contests that require any type of entry fee;
• Displaying a sponsorship banner of any kind, including those that are generated
by banner or link exchange services, with the sole exceptions of the Sponsorship
Banners agreed upon by the Institution and placed by the Provider;
• Displaying banners for services that provide cash or cash-equivalent prizes to
users in exchange for hyperlinks to their websites;
• Promoting, soliciting or participating in multilevel marketing or pyramid schemes.
Postings that violate the above terms will be deleted from the Service upon discovery.
Users who violate the terms of this Service may receive a warning from the Provider
stating that the User has committed a violation and that further violations may
result in termination of the User’s account. After one or more warnings, the
Provider, at its sole discretion, may terminate the User’s account. The Provider
does not guarantee, however, that it will monitor all postings and cannot guarantee
that material in violation of the Provider’s policy will not be posted.
3. Fee for Services
At present, the Provider’s Services may be accessed via the Internet for a
flat fee for periods of one, three or six months. At some point in the future, D2D
may change the prices and terms for such services. You will be notified if such
a change occurs.
4. Copyrighted Materials
The downloading of copyrighted materials from this web site, including, without
limitation; text, photographs, sound, video, and music, is permitted by Users only
for Users’ own use. Users may not copy, reproduce, retransmit, distribute,
publish, commercially exploit or otherwise transfer any copyrighted material. The
burden of determining that any information, software or any other content on the
Service is not protected by copyright rests with the User. The User acknowledges
that the Provider and/or third-party content providers remain the owners of the
posted materials, and that the User does not acquire any of those ownership rights
by downloading copyrighted materials.
5. Non-Transferability of Membership
Provider grants to User a personal, non-exclusive, non-assignable and non-transferable
license to use Provider’s Services. Unauthorized copying of the system, or
the written materials associated therewith is expressly forbidden. User acknowledges
that the User may not sublicense, transfer, sell or assign this license. Any attempt
to sublicense, transfer, sell or assign the license is void.
6. Export
The U.S. Export control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of information and
software to foreign countries and to certain foreign national. User agrees to abide
by these laws – include but not limited to the Export Administration Act, the Arms
Export Control Act and their implementing regulations – and not to transfer, by
electronic transmission or otherwise, and Content derived from D2D to either a foreign
national or a foreign destination without first obtaining any required government
authorization.
7. Third Party Sales and Service
Users may order and purchase merchandise or services from other Users of the Online
Community who are not affiliated with D2D. All transactions concerning third-party
Merchant goods or services, including, but not limited to, purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely between Merchant
and User. D2D makes no warranties or representations whatsoever with regard to any
goods or services provided or offered by any other Merchant. The Online Community
will not be a party to any transaction between User and Merchant, or be liable for
any cost or damage arising either directly or indirectly from any action or inaction
of said Merchant.
8. Limitations of Liability and Warranty
User agrees that the use of the Service is entirely at User’s own risk. Provider’s
Services are provided “as is,” without warranty of any kind, either
expressed or implied, including without limitation any warranty for information,
services, or products provided through or in connection with the Service, including
without limitation the results obtained through the Service. Specifically, the Provider
disclaims any and all warranties, including without limitation; 1) any warranties
concerning the availability, accuracy or content of information, products or services;
and 2) any warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for breach of
contract, tortuous behavior, negligence, or under any other cause of action.
User further agrees that any damages it may recover against Provider are strictly
limited to a refund of any fees paid to Provider by User and waives his/her rights
to any other damages of any type, kind or nature whatsoever, including, but not
limited to, consequential, punitive, direct or indirect damages.
User specifically acknowledges that the Provider is not liable for the defamatory,
offensive or illegal conduct of the Provider Service members or third parties and
that the risk of injury from the foregoing rests entirely with the User.
Neither the Provider nor any of its agents or affiliates shall be liable for any
direct, indirect, incidental, special or consequential damages arising out of the
use of the Service or inability to gain access to or use the Service out of any
breach of warranty.
9. Distribution/Uploading of Third Party Content
User may upload to the software files or otherwise distribute on Online Community
only Content that is not subject to any copyright or other proprietary rights protection
(collectively, “Public Content”), or Content in which the author has
given express authorization for distribution on the World Wide Web. Any copyright
Content submitted with the consent of a copyright owner should contain a phrase
such as “Copyright, owned by [name of owner]; Used by Permission.” The
unauthorized submission of copyrighted or other proprietary Content is illegal and
could subject the User to criminal prosecution as well as personal liability for
damages in a civil suit. User, not the Online Community or its independent contractors,
are liable for any damage resulting from any infringements of copyrights, proprietary
rights, or any other harm arising from such submission. By submitting Content to
any User submit areas, the User automatically grants or warrants that the owner
of such content has expressly granted the Online Community the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify adapt, publish,
translate and distribute the Content in whole or in part worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that exists in such Content. User also permits
any other User to access, view, store or reproduce the Content for that User’s
personal use. Subject to this grant, the owner of Content placed in the Online Community
retains any and all rights, which may exist in such Content.
10. Termination of Service
Provider may terminate your account or access right to this Service at any time,
without notice, for conduct the Provider, within its sole discretion, believes violates
this Agreement or is harmful to other Users, to Provider’s business, to the
Institution, or to other information providers.
11. Choice of Law
This Agreement shall be constructed in accordance with and controlled by the laws
of the State of Ohio.
12. Merger Clause
This Agreement constitutes the entire Agreement between the parties with respect
to the subject matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral between the Provider and
the User. The Provider may amend this Agreement at any time upon notice from Provider
to User as published through the Service.
Hold Harmless
User agrees to hold harmless Divorce 2 Dating, and all officers and agents thereof
from any and all claims, demands, causes of action, orders, decrees, or judgment
for injury, death, damage to property, person, or reputation, loss, damage, and
liability (including all costs and reasonable attorney’s fees incurred in
defending any claim, demand or cause of action) occasion to, by growing out of,
or arising from (a) the performance of any product or service supplied by any advertiser,
or (b) by any act, error, or omission on the part of any advertiser.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
The following Terms of Service apply to your use of this Network. You are solely
responsible for your conduct and your content on the Network and compliance with
these terms. By registering with us or using or browsing this Network, you acknowledge
that you have read, understood, and agree to be bound by these terms. This Network
is not directed to children younger than 13 and is offered only to users 18 years
of age or older. Any person who provides their personal information through this
Network represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this
Network:
- In a manner that infringes, violates or misappropriates any third party's intellectual
property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement
of illegal or controlled products or services, or other advertising or marketing
activities that violate these Terms of Service, any applicable laws, regulations
or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or
promotes illegal activities, including engaging in phishing or otherwise obtaining
financial or other personal information in a misleading manner or for fraudulent
or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening,
abusive, violent, harassing, malicious or harmful to any person or entity, or invasive
of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion,
nationality, ethnic or national origin, marital status, disability, sexual orientation
or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your
affiliation with any person or entity, or to obtain access to this Network without
authorization;
- to interfere or attempt to interfere with the proper working of this Network or
prevent others from using this Network, or in a manner that disrupts the normal
flow of dialogue with an excessive number of messages (flooding attack) to this
Network, or that otherwise negatively affects other persons' ability to use this
Network;
- to use any manual or automated means, including agents, robots, scripts, or spiders,
to access or manage any user's account or to monitor or copy this Network or the
content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person
without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of content transmitted
through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation
if emailed to users who have requested not to be contacted about other services,
products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users
without their consent or for unlawful purposes or in violation of applicable law
or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication
credentials from any member of this Network or to proxy authentication credentials
for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality,
incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data from this Network - except for Internet search engines
(e.g. Google) and non-commercial public archives (e.g. archive.org) that comply
with our robots.txt file, or "well-behaved" web services/RSS/Atom clients.
We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise
impose an unreasonable or disproportionately large load on the Network's infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity
that disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying,
importing or exporting feedback information off of this Network or for using it
for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere
with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network.
You agree not to authorize or encourage any third party to use this Network to facilitate
any of the foregoing prohibited conduct. You also agree that these Network Terms
of Service inure to the benefit of our service providers (including our Network
platform provider) and that they may take action (including the removal of your
content and disabling of your account) in order to maintain compliance with these
Network Terms of Service. Technology and hosting for aspects of this Network are
provided by this Network's online service provider. However, the Network Creator
of this Network controls the content, membership and policy of this Network, including
those pages served by such service provider on behalf of this Network. Notwithstanding
anything to the contrary, by participating on this Network you agree to indemnify
and hold harmless such service provider on all matters related to your interaction
with others using this Network and participation with this Network.