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Terms of Use Agreement
Svetlanas.com website ("Website") is operated by Svetlana’s Agency and offers online dating services as a way for adults to meet each other ("Service"). By registering on our Website, you agree to be bound by these Terms of Use ("Agreement"). This Agreement constitutes a legally binding contract between you ("Member") and Svetlana’s Agency. All the terms and conditions of this Agreement can be amended at any time and become in effect immediately upon posting on the Website without any special notice to you. You agree to review this Agreement periodically to be aware of such modifications and to make sure you are up to date. Your continued access or use of the Website and/or Service shall be deemed your conclusive acceptance of the modified Agreement.
IMPORTANT!
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website and/or Service or on the Internet generally.
1. Eligibility.
By becoming a Member, you represent and warrant that: a) you are at least 18 years old; b) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
2. Registration.
To become a Member you must complete registration process. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself to the questions in our registration form and to maintain and update your information to keep it accurate, current and complete. You further acknowledge that if your registration information is untrue, inaccurate, not current, or incomplete in any respect, we reserve the right to suspend or terminate your membership and use of our Service and we shall not refund you unused tokens.
3. Member Account and Password Security.
You will receive confirmation of your username and password upon completing the registration process. You are solely responsible for maintaining confidentiality of your username and password, and are fully responsible for all activities that occur under your account. You ensure that you will log out of your account at the end of each session. You agree that you will immediately notify us of any unauthorized use of your username and password. We reserve the right to prohibit the use of certain usernames.
4. Term and Termination.
This Agreement will remain in full force and effect while you are a Member and/or use our Website. You may terminate your membership at any time, for any reason upon receipt by us of your written or email notice of termination. We may terminate your membership at any time, for any reason, without explanation, effective upon sending notice to you at the email address you provide during registration process, or such other email address as you may later provide to us. If we determine in our sole discretion that there has been any breach of this Agreement by you and terminate your membership due to that, we shall not be liable to you for any refund of any unused credits and may continue to bar your use of our Service in the future. Even after membership is terminated, this Agreement will remain in effect.
5. Member Content.
You agree that you are solely responsible for all content or information you publish or display (hereinafter, "post") using our Service, or transmit to other Members.
By posting content to any public area of the Website, you automatically grant, and you warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use in any way, copy, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You may not include in your profile and/or correspondence with other Members any URLs or email addresses. However, you may provide your mailing address and phone numbers in your correspondence with other Members.
You will not post on our Website, or transmit to other Members or Employees, any content that is illegal, offensive or prohibited on the Website. Such kind of content includes but not limited to content that:
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You accept that we may review and delete any content or information that in our sole judgement violates this Agreement.
You must use our Service in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through our Website. You will not transmit any chain letters or junk E-mail to other Members. You are solely responsible for your interactions with other Members. We reserve the right, but we have no obligation, to monitor and/or mediate disputes between you and other Members.
We reserve the right to limit and/or restrict your use of email Service on our Website, including but not limited to the number of emails sent, maximum length of email, space used by stored emails. You understand that we do not guarantee the support of 2 or more email addresses created on our Website for one Member.
You understand that we may change these rules and restrictions at any time without any special notice to you.
6. Non Commercial Use.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
7. Proprietary Rights and Copyright Policy.
We own and retain all proprietary rights in the Website and the Service including but not limited to database rights, copyrighted material, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other proprietary information of Svetlana’s Agency. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
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.
8. Privacy.
You agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy.
9. Disclaimers.
We are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any errors, inaccuracies, or misunderstandings of translated content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet, the Website or at any other website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
10. Independent Contractors.
In the course of our business, we use various Russian, Ukranian and other independent agencies by purchasing services from them. These agencies are independent contractors and are not agents or employees of Svetlana’s Agency. We will not disclose to you contact information of these agencies. We are not responsible for any acts of these agencies, whether willful, accidental or negligent, including but not limited to failure to deliver services, partial or inadequate delivery of services, misrepresentations and/or omissions of these agencies or of its respective employees, agents, or representatives.
11. Limitation on Liability.
In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits arising from your use of or inability to use the Website or the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of membership.
13. Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Svetlana’s Agency and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Website and/or Service must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
14. Indemnity.
You agree to indemnify and hold harmless Svetlana’s Agency, its subsidiaries, affiliates, officers, agents, suppliers and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees due to or arising out of your or other person’s use of the Website and/or Service in violation or breach of this Agreement.
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