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Use of this site is limited to individuals who must be at least 18 years old and
is intended for adult Members to communicate with each other online.
By ticking the box next to the "I have read the terms and conditions"
text on the Member Join Page, and clicking the 'Next' button, you accept
and agree to the terms and conditions detailed on the web site. Every time you access
this service you confirm your agreement with the Terms and Conditions.
The Terms and Conditions are personal to you. You may not assign your rights or
obligations to anyone. If any provision in these Terms and Conditions is invalid
or unenforceable under applicable law, such provision will be inapplicable, but
the remaining provisions of this agreement will continue in full force and effect.
You agree to indemnify and hold harmless OpenToDate, its officers, directors,
employees, agents, affiliates, partner sites and third parties, from any loss, claim
or damage, including reasonable attorney's fees, arising out of or resulting
from your use of this site. This includes any violation of the Terms and Conditions
of this agreement or any action arising from the content that you publish on this
site that infringes the intellectual property rights (e.g. copyright, trade secrets,
trademark or patent) of any third party or content or communication that denigrates,
libels or invades the privacy of any third party.
1. Content
You alone are responsible for any content or information you enter on your profile
and any communication with other Members. OpenToDate is not the publisher and
only provides the channel for Members to publish and/or distribute their personal
information.
No responsibility is assumed by OpenToDate for the publication of any member's
information, including pictures published by Members. While it is incumbent on the
Member to decide on what information the Member wishes to make available to other
Members or other Internet users, OpenToDate reserves the right to exercise editorial
control over profile and picture content.
OpenToDate does not verify the accuracy or truth of any information published
by Members. Be careful in dealing with other Members.
You may not publish offensive content, this includes content that contains offensive
language, overtly sexually explicit content (including photographs), is unlawful,
threatening, libelous, abusive, harmful, bigoted, racially offensive, obscene or
harassing. Further you may not publish content that encourages behavior that may
constitute a criminal offence, result in civil liability or otherwise violate any
applicable local, state, national or international law or regulation.
You may not publish content (including photographs) that directly or indirectly
alludes to child pornography or attempts to solicit communication with or on behalf
of any person under the age of 18.
Whilst OpenToDate reserves the right to delete or remove content deemed offensive
by OpenToDate, OpenToDate does not guarantee that offensive material will be
removed or deleted. Failure by OpenToDate to remove or delete offensive content
does not waive our right to remove or delete offensive content in subsequent or
similar cases.
You may not publish content that contains advertising or commercial messages.
You may not impersonate any other person or entity.
You may not publish in your profile any personal contact information. This includes
but is not restricted to, email addresses, telephone numbers, instant messaging
contact details (e.g. ICQ numbers, etc) web site URLs, etc. Personal contact information
will be removed.
You may not solicit other members' contact details or disclose your subscription
status in your profile.
OpenToDate reserves the right to excerpt text quotes from profiles, along with
the Member screen name, and feature them in promotional material. By creating a
profile you grant OpenToDate permission to publish your profile in any of our
partner sites.
Should OpenToDate wish to use your profile, including photographs, for promotional
purposes, OpenToDate will contact the Member via email to request permission.
2. Account and Password Details
The Member is solely responsible for maintaining the confidentiality of their member
name and password.
3. Copyrighted Material
You may not post copyrighted material on the site. This includes but is not limited
to photographs, images and text. Should you believe that copyrighted material has
been posted on the site you are requested to contact OpenToDate with full details
of the alleged copyright infringement including the Member username and your contact
details.
4. Harassment and Disputes
You may not harass any Member and agree to cease contacting any other Member who
has requested you to cease. Should you wish you have the option to 'block'
any Member by selecting the appropriate option on their profile. 'Blocked'
Members will not be able to contact you via the site.
OpenToDate will not become involved in any disputes between Members and does not
provide any arbitration or settlement services should a dispute arise between members.
You alone are responsible for ensuring that your interaction with other Members
is lawful. OpenToDate advises you that there may be risks of dealing with Members
acting under false pretences or with criminal intent. We recommend that you read
our Safe Dating Guide.
OpenToDate cannot control what happens between members once they decide to meet
in person, however should you encounter behaviour that may be deemed harmful to
other Members you are requested to contact OpenToDate with full details and we
may, if deemed appropriate at the sole discretion of OpenToDate, warn, suspend
or delete the offending member's profile. Please note, OpenToDate has no intent
or interest in getting involved in domestic or private disputes between Members.
5. Member Communications
While you may exchange any information you wish in replies and subsequent messages,
messages to members who have not previously contacted you may not contain email
addresses or other contact information. (Responses via our "OneLiner"
service do not qualify as prior contact for these purposes.) OpenToDate does not
review or censor other message content, but it reserves the right to remove contact
details from introductory messages.
You alone are responsible for ensuring that message content is appropriate. Further,
you must ensure that you save any messages that you wish to keep since we cannot
retrieve any messages deleted by you.
6. Content Visibility
Member profiles from this site may also be visible (where applicable) on other network
sites operated by OpenToDate. This substantially increases the reach of your profile
and the chances of finding a successful match.
7. Content Storage
OpenToDate assumes no responsibility for the deletion of or failure to store your
content, including profile details and photographs.
8. Member Privacy
OpenToDate will not disclose any personal details supplied by Members that is
not publicly displayed on the Member's Profile, this includes the Member's
name, email address contact details, etc without the Member's prior written
consent. Information will only be disclosed as necessary or appropriate to comply
with applicable laws or in legal authorities where such information is relevant
as has been requested with the appropriate authority.
9. Subscriptions & Refunds
Members wishing to have full access to the site must purchase a Premium membership.
Premium memberships are offered in 1 month, 3 month or 6 month terms. If you paid
by credit card, your card will be automatically charged at each successive chosen
interval. You can cancel your Premium membership at anytime.
The fees specified on the web site are payable in advance. Refunds will be given
at the discretion of the Company Management.
In the event that you are removed from a website for breach of our terms and conditions
or for any other reason, your remaining subscription will be lost and is not refundable.
OpenToDate reserves the right to change the fees charged or introduce fees for
any of the services at any time. If we introduce a new service, the fees for that
service are effective at the launch of the service, unless otherwise stated.
10. Service Provision
This service is provided on an "as-is" basis by OpenToDate without warranty
of any kind, either express or implied, including, without limitation, warranties
of title and the implied warranties of merchantability and fitness for a particular
purpose.
11. Mailings from OpenToDate
By registering your details with OpenToDate you automatically will receive our
Monthly Newsletter (a monthly email), the Daily Spark (a daily email with latest
listings) and any other communication that involves your activity on the site (notification
of new messages).
You can at any time sign in to the site and turn off all of these notifications
if you wish. We take spam very seriously. You are in control at all times in regards
to the email communications you receive from us.
12. Modifications to Terms and Conditions
OpenToDate may modify these Terms and Conditions from time to time in its sole
discretion.
13. Severability
If any provision in these Terms and Conditions is deemed to be invalid or unenforceable
for any reason, the remaining provisions will continue in full force without being
impaired or invalidated in any way.
14. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter hereof, and supersedes in their entirety any and all written
or oral agreements previously existing between the parties with respect to such
subject matter.
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