USER AGREEMENT FOR Cyber Smooches Inc.
THIS AGREEMENT WAS LAST UPDATED ON November 18, 2001
Please read the following User Agreement. When you sign up for any service within
Cyber Smooches Inc., all of which are hereinafter referred to collectively as the "Service", you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE AFTER November 18, 2001 YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.
TERMS AND CONDITIONS OF THE SERVICE
User Agreement
This Agreement constitutes your agreement with Cyber Smooches Inc. with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means
Cyber Smooches Inc., or any successor or assign of Cyber Smooches Inc.
Service Agreement
Right to Use.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features
and aspects of the Service or restrict your access to parts or all of the Service without
notice or liability.
Adult.
You represent, warrant and covenant that you are at least 18 years old. This Service is addresses to adults only. By using the Service you agree that you are 18 years of age and older. Failure to comply with this Agreement may result in legal actions.
Code of Conduct.
You agree to use the Service in accordance with the following Code of
Conduct:
a) You are solely responsible for any information that you display when using the Service or to other members.
You will keep all information provided to you through the Service as private and
confidential and will not give such information to anyone without the permission of
the person who provided it to you;
b) You will not use the Service to engage in any form of harassment or offensive
behavior, including but not limited to the posting of communications, pictures or
recordings, which contain libelous, slanderous, abusive or defamatory statements,
or racist, pornographic, obscene, or offensive language;
c) You will not forward chain letters through the Service;
d) You will not use the Service to infringe the privacy rights, property rights, or other
civil rights of any person;
e) You will not post messages, pictures or recordings or use the Service in any way
which
i. violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trademark law, privacy or other
personal or proprietary rights, or
ii. Is fraudulent or otherwise unlawful or violates any law; and if you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or
services.
f) Your use of the Service is for your own personal use. You may not authorize others to use the Service and you may not transfer accounts with other users.
g) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
h) You are aware that the Service may contain explicit adult oriented materials provided by consenting users.
Privacy and Use of Information.
You acknowledge that
(a) We cannot ensure the security
or privacy of information you provide through the Internet and your e-mail messages, and
you release us from any and all liability in connection with the use of such information by
other parties;
(b) We are not responsible for, and cannot control, the use by others of any
information which you provide to them and you should use caution in selecting the
personal information you provide to others through the Service; and
(c) We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.
(d) You acknowledge that you can not sue Cyber Smooches Inc. or any of its employees for any damages done to you through the site.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the
information provided by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines, which may be applicable from time to time. We also reserve the right to monitor all messages and chats that take place through the site.
We are not solely responsible for any offensive or obscene materials that may be transmitted or posted by other users (including unauthorized users as well as the possibility of "hackers"). We are also not responsible for the use of any personal information that the user may choose to post on the Service.
Removal of Information.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or users of the Service.
Termination of Access to Service.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Online Cancellation
You agree that cancellation can only be done online by yourself through e-mailing Cyber Smooches Inc.
Any request for cancellation will be met with written support as fast as possible.
You accept that when you cancel your membership with The Service you are automatically locked out of the site and your access is immediately terminated. You also agree and accept the complete and final loss of your ad. This information cannot be reclaimed or transferred to any third party.
Proprietary Information.
The Service contains information, which is proprietary to us and to our users. We assert full copyright protection in the service. Information posted by us or other users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No responsibility.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Other Links.
The Service may from time to time contain links to other World Wide Web
Internet sites and resources ("External Links"). We are not responsible for, and have no
liability as a result of, the availability of External Links or their contents.
Indemnity.
You agree to indemnify us, our officers, directors, employees and agents, from
any loss or damages, including without limitation reasonable legal fees, which we may
suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you.
You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We
do not represent or endorse the accuracy or reliability of any advice, opinion, statement or
other information displayed, uploaded or distributed through the Service by Cyber Smooches Inc. or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
Advice Columnists.
The service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified
counselor with respect to such issues.
Modifications.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication.
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Cyber Smooches Inc. related products and services. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
Governing Law.
This Agreement is entered into in Alberta, Canada. You agree that it will be governed by the laws of the Province of Alberta and any disputes arising out of this Agreement will be subject to the courts of the Province of Alberta and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Complaints.
To resolve or report a complaint regarding the Service or members who use the Service users should contact cybersmooches@hotmail.com. Immediate actions will take place in order to help solve the problem.
Assignment.
You do not have the right to assign this Agreement or any of your rights to
the Service to anyone. Cyber Smooches Inc. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Cyber Smooches Inc., if Cyber Smooches Inc. obligations hereunder are assumed by a third party, Cyber Smooches Inc. shall be relieved of any and all liability under this Agreement.
Once you join you confirm that you agree with Cyber Smooches Inc. Terms and Conditions listed.
Copyright © 2001 Cyber Smooches Inc.