1. Acceptance of Terms
Users are responsible for frequently reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on www.DatesNearMe.com If you do not agree to these Terms of Service or any of its updates, your only option is not to use the applicable VIVID SYSTEMS service and to terminate any accounts or Services you have signed up for. Your constant use of the VIVID SYSTEMS services after a change or update has been made to the Terms of Service will constitute your acceptance of any change or update.
In any case where you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have created. You acknowledge that VIVID SYSTEMS is not required to provide you notice prior to terminating or suspending your Service(s), but it may choose to do so.
VIVID SYSTEMS reserves the right to refuse, in its sole discretion, any user access to the VIVID SYSTEMS Sites or Services without notice for any or no reason (without limitation, including violations of these Terms of Service).
CERTIFICATION: You certify that:
- You are 18 years of age or older
- You agree that you are solely responsible and liable for your interactions with other members.
- You have never been convicted of a felony or any criminal offense considered as a sexual offense.
2. Use of Our Services & User Accounts
When opening an account for any of our services, you must complete the registration process by providing us with complete, current and accurate information (including your email address) as prompted by the relevant registration form. If you choose to purchase subscription-based Services, you agree that all information that you provide is true and accurate (without limitation, including your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all related taxes. You may also be asked to choose a password and a user/account name. You are completely responsible for maintaining the confidentiality of your password and account. Furthermore, you are completely responsible for any and all activities that occur under your account. You agree to inform VIVID SYSTEMS immediately of any unauthorized use or theft of your account or any other breach of security (and to provide sufficiently documented evidence as reasonably requested by VIVID SYSTEMS). We will not be liable for any loss that you may incur from someone else using your account or password, either with or without your knowledge. However, if someone else uses your account or password you will be liable for losses incurred by VIVID SYSTEMS or another party. You are prohibited to use anyone else's account at any and all times.
Where your account of our Services is created and managed by a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your related social networking website password and account, and are completely responsible for all activities that occur under your account. (a) You will only use the Services for your sole, personal use and you will not authorize any others to use your account or otherwise transfer your right to use your account to any other person or entity.(b) You will use the Services, including but not limited to the content you post, in a conduct consistent with all and any applicable local, state, national and international laws and regulations.(c) You will not provide false, incomplete, inaccurate or misleading information to VIVID SYSTEMS or to any other User.(d) You will not use the Services to transfer to any other User any defamatory, obscene, profane, threatening, harassing, defamatory, offensive, or illegal materials that violate or offend any other party's rights.(e) You will not facilitate any advertising or solicitation to sell or buy any products or services through the use of the Services and you will not send any chain letters or junk email to other Users.(f) You will not transfer, post, copy, create any derivative works from, reproduce, distribute or show in any manner any trademarked, copyrighted or proprietary information or materials without the previous consent of the owner of such proprietary rights.(g) You will only create one unique account profile for the Services provided. You will not include any telephone numbers, last names, URLs, street addresses, multimedia or artworks derived from external sources.(h) You acknowledge that VIVID SYSTEMS may charge a fee to use the Services. You agree to pay any fees you incur.(i) You agree that VIVID SYSTEMS has the right to investigate, prosecute you and/or terminate your account and cancel your membership and/or subscription if you have breached the terms of this Agreement, misused the Services, or behaved in a manner which could be regarded as unlawful, illegal, inappropriate, or unsafe.
Blocking violating users. You acknowledge that in order to protect the integrity of the Services, VIVID SYSTEMS reserves the right in its sole discretion at any time to block members or subscribers who have breached the terms of this Agreement.
VIVID SYSTEMS collects profile information including but not limited to your name, gender, age, email address, geographical location and personal interests. Geographic location is identified through your mobile devices, and can be displayed to other users on our Services as a proximity distance and/or as a position on a Map. You may choose not to display your position on our Map service. You authorize VIVID SYSTEMS to store, access and display your profile and account information to other users on the VIVID SYSTEMS Sites & properties.
3. Charges and Billing
(a) General. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. YOUR SUBSCRIPTION PURCHASE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, EXCHANGEABLE OR TRANSFERABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR VIVID SYSTEMS ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE CANCELATION OF THE SERVICES. We have no responsibility or obligation to and will not reimburse you for any fees lost due to your breach of these Terms. VIVID SYSTEMS reserves the right, without previous notification, to refuse to provide you with access to any premium services. Verification of certain information applicable to a purchase may be required prior to our acceptance of the purchase. Price and availability are subject to modification without notice. VIVID SYSTEMS bills you for charged services through your selected payment provider (your "Payment Method") for use of the Service. You agree to pay VIVID SYSTEMS all charges at the applicable prices for any use of the Service by you, and you authorize VIVID SYSTEMS to charge you through your chosen Payment Method. You agree to make payment using your chosen Payment Method. VIVID SYSTEMS reserves the right to resolve any mistakes or errors that it makes even if the payment has been received or requested. You acknowledge that VIVID SYSTEMS reserves the right to charge for any portion of the Services and to change its fees from time to time in its discretion. If VIVID SYSTEMS terminate your membership because you have breached the Agreement, you shall not be entitled to the refund.
(b) Recurring Billing. Some subscription plans to the Services involve recurring periodic fees as agreed to by you. By entering into such Agreements, you understand that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring fees prior to cancellation. VIVID SYSTEMS PROCESSES PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL PRIOR NOTICE IS PROVIDED BY YOU (CONFIRMED IN WRITING IF REQUEST BY VIVID SYSTEMS) STATING THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO MODIFY YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT FEES PROCEESED BEFORE VIVID SYSTEMS REASONABLY COULD ACT.
(c) Payment Method. Your payment terms will be based on your Payment Method and may be determined by your agreements with your financial institution, credit card issuer or other provider of your selected Payment Method (the "Payment Method Provider"). If VIVID SYSTEMS does not receive payment from your Payment Method Provider, you agree to pay all amounts outstanding on your billing account upon request
(d) Change in Amount Authorized. If the amount to be charged is different to the amount you preauthorized, you have the right to receive, and VIVID SYSTEMS shall provide, notice of the charged amount and the date of the charge at least 10 days before the transactions scheduled date. Any agreement you have with your Payment Method Provider will apply to your use of your Payment Method. You agree that VIVID SYSTEMS may accumulate charges incurred and send them as one or more collective charges at the end or during each billing cycle.
(e) Refund for Subscription and Pre-paid services. If you cancel your subscription, you are NOT entitled to a prorated refund of any portion of the paid subscription fee for the then-current subscription period. If you have pre-paid for a particular period of service (for example if you paid an initial lump sum for 12 months of service), you are NOT entitled for a prorated refund of any part of the amount pre-paid upon cancelation.
You agree to pay all fees or charges incurred by your account, including taxes, according to these Terms of Service and the billing terms for access to the Services that are applicable at the time the fee or charge becomes payable. Unless otherwise specified, all prices are in US Dollars and do not include telephone, Internet service provider, and other connection fees.
3.2 Fees Charged by Third-Party Sites
We may provide links to other third party websites. Some of these websites may have separate fees, which are not part of any subscription or other charges that you may pay to VIVID SYSTEMS. VIVID SYSTEMS may also provide access to third-party vendors who supply goods, services and/or content on the VIVID SYSTEMS Services. If you incur any separate charges or obligations in your dealings with these third parties they are your responsibility. VIVID SYSTEMS provides no warranty or representation regarding any content, goods and/or services from any third-party.
4. Limitations on Your Use Of The Services
You may not modify, lease, distribute, transmit, perform, transfer, auction, reproduce, copy, publish, license, display, create derivative works from, adapt, translate, buy, rent, loan or sell any information, software, products or services obtained from our Services, without the express written permission of VIVID SYSTEMS. You hereby understand and agree that you have no proprietary interest in any account or any other materials appearing in or produced by the Services. You may not use any software or hardware that decreases the number of users directly using or accessing the Services. You further agree not to create or offer any way other than through the VIVID SYSTEMS Sites by which our Services can be accessed.
As a condition of your use of the Services, you will not use the Services for any purpose that is prohibited or unlawful according to the conditions, terms, and notices included in these Terms of Service. You may not use the Services in any way that can disable, damage, overburden, or impair any VIVID SYSTEMS server, or the network(s) associated to any VIVID SYSTEMS server, or conflict with any other party's use and enjoyment of any Services. You may not try to gain unauthorized access to any Services, other accounts, networks or computer systems associated to any VIVID SYSTEMS server or to any of the Services, through password mining, brute force, hacking, or any other means. You may not access any information or materials through any means that is not intended for access through the Services. You may not decompile, reverse engineer or disassemble any Software, including any proprietary communications protocol that is used by our Software and Systems.
5. Rules of Conduct
The following are examples of kind of activity that is illegal or prohibited on the VIVID SYSTEMS sites and through your use of the VIVID SYSTEMS Services. VIVID SYSTEMS reserves the right to investigate and take suitable legal action against any party who, in VIVID SYSTEMS sole discretion, breaches this provision, including without limitation, removing the breaching Content from our Services, terminating the violating Memberships, and reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
Criminal activity, including fraud, harassment, spamming, child pornography, trafficking in obscene material, copyright infringement, patent infringement, drug dealing, gambling, stalking, sending of viruses or other harmful files, or theft of trade secrets;
Advertising to, or solicitation of, any Member to buy or sell any products or services through our Services without the authorisation from VIVID SYSTEMS. You may not transmit any junk email or chain letters to any other Members. To protect our Members from such advertising or solicitation, VIVID SYSTEMS reserves the right to limit the number of emails which a Member may send to other Members in any 1 day period to a number that VIVID SYSTEMS decides is appropriate in its sole discretion. If you violate this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any form through the VIVID SYSTEMS Services, you understand that you will have caused considerable harm to VIVID SYSTEMS, which the amount of such harm would be very difficult to determine. As a rational estimation of such harm, you agree to compensate and pay VIVID SYSTEMS $50 US Dollars for each such unsolicited email or other unauthorized commercial communication you send through the VIVID SYSTEMS Services;
Modifying, trying to modify, encouraging or assisting any other person in modifying any security technology or software that is part of the VIVID SYSTEMS Services;
Activities such as the use of viruses, worms, bots, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise allow the unauthorized use of or access to a computer or a network;
Any automated use of the system, such as, but not limited to, using scripts and programs to add friends or send messages or comments;
Disrupting, interfering with, or creating an unnecessary burden on the VIVID SYSTEMS Services or the networks or services associated to the VIVID SYSTEMS Services;
Impersonating or trying to impersonate another Member, person or party;
Using the account or password of another Member at any time or revealing your password to any third party or allowing any third party to access your account;
Selling or otherwise transferring your profile;
Using any information from the VIVID SYSTEMS Services to abuse, harass, or harm another person or entity, or trying to do the same;
Displaying unauthorized commercial advertisements on your profile, or accepting payment or anything of value from another person in exchange for you providing any commercial activity through the unauthorized or impermissible use of the VIVID SYSTEMS Services on behalf of that person, such as, but not limited to, placing commercial content on your profile, posting bulletins or blogs with a commercial intention, selecting a profile with a commercial intention as a member of your hotlist, or sending private messages with a commercial intention; or
- Using the VIVID SYSTEMS Services in a conduct inconsistent with any and all applicable laws and regulations.
"Content" shall mean the software, communications, images, sounds, and all the material and information you see on the VIVID SYSTEMS Sites, whether supplied by VIVID SYSTEMS or by users of the Services. VIVID SYSTEMS does not preview all Content. You are entirely responsible for the Content that you submit on or through any of the VIVID SYSTEMS Services and any information or material that you transmit to other Members and for your communications with other Users.
VIVID SYSTEMS may reject, decline or delete any Content for any or no reason, including Content that in the decision of VIVID SYSTEMS violates this Agreement or which may be illegal, offensive or infringe the rights of any individual or entity, or harm or terrorize the safety of any person or entity. VIVID SYSTEMS holds no accountability for monitoring the VIVID SYSTEMS Services for unsuitable conduct or Content. If at any time VIVID SYSTEMS decides, in its sole discretion, to monitor the VIVID SYSTEMS Services, VIVID SYSTEMS however assumes no accountability for the Content, no obligation to modify or remove any unsuitable Content, and no responsibility for the behaviour of the User posting such Content.
The subsequent are examples of the type of Content that is illegal or prohibited to submit on or through the VIVID SYSTEMS Services. VIVID SYSTEMS reserves the right to investigate and pursue legal action against anyone who, in VIVID SYSTEMS solitary discretion, violates this condition, including with no limitation, deleting the offending Content from the VIVID SYSTEM Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to; Content that, in the solitary judgment of VIVID SYSTEMS:
- harasses or supports harassment of another individual;
- contains nudity, unnecessary violence, offensive subject matter or includes a link to an adult website;
- is offensive and promotes hatred racism, or physical harm of any kind against any group or person;
- abuses people in a sexual or violent way;
- publicly submits information that causes a security or privacy risk to any individual;
- exchanges personal information with anybody under 18 years of age;
- infringes the publicity rights, privacy rights, trademark rights, copyrights, contract rights or any other rights of any individual.
- contains a video or photograph/picture of another individual that you have submitted without that individual’s permission;
- comprises or promotes information that you know is fake or misleading or encourages illegitimate activities or behaviour that is threatening, abusive, defamatory or obscene;
- engages the communication of "junk mail," "chain letters," or instant messaging, unsolicited mass mailing and "spamming";
- for comedy, bands, filmmaker and other profiles, uses sexually evocative imagery or any other unreasonable, false or deceptive Content used to draw traffic to the profile;
- request passwords or personal identifying information for commercial or illegal purposes from other Users;
- includes limited or password only access pages or concealed pages or images (those not linked to or from another available page);
- supports or promotes any criminal activity or enterprise or supplies instructional information about unlawful activities including, but not limited to making or buying illegal weapons, infringing an individual’s privacy, or providing or producing computer viruses;
- involves commercial activities and/or sales without previous written permission from VIVID SYSTEMS such as sweepstakes, contests, advertising, barter or pyramid schemes;
In subscribing to our services and using our applications/websites, users are aware they may receive information concerning present and future Services offered on the VIVID SYSTEMS Sites. Users have the option to unsubscribe from any of these Services at any time by following the process contained within the applicable Services.
The Services, as well as, without restriction to all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without restriction, photographs, images, video, animation, music, audio, text, and "applets" incorporated into the Software data), the entire contents of the Service and each area enclosed therein are copyright protected as a collective work under the laws of the Commonwealth of Australia. VIVID SYSTEMS owns a copyright in the selection, organization, and arrangement of such Content. You accept that VIVID SYSTEMS, and/or its licensors are the holders of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by VIVID SYSTEMS and derived works thereof, and that you do not attain any of those ownership rights by accessing such materials.
9. Member Disputes
You are entirely responsible for your communications with other members on the VIVID SYSTEMS Sites. VIVID SYSTEMS reserves the right, but is not obligated in any way to get involved with disputes between you and other members.
11. Termination of Account
VIVID SYSTEMS has the right to terminate or suspend, and you have the right to terminate your account(s) or a particular subscription at any moment. You acknowledge and agree that, except as specifically provided by law, the cancellation of your account or a certain subscription is your individual right and remedy with regards to any dispute with VIVID SYSTEMS. This includes, but is not restricted to, any dispute connected to, or arising out of: (1) these Terms of Service or our enforcement of these Terms of Service; (2) the Content or Services available through the VIVID SYSTEMS Sites or any change or modifications in such Content; (3) your ability to use and/or access the Services; or (4) the amount or type of fees, applicable taxes, surcharges, billing methods, or any change or modifications to the fees, applicable taxes, surcharges or billing methods.
You can terminate your account(s) or a certain subscription for a Service by following the processes made accessible with the respectable Service. VIVID SYSTEMS has the right to collect fees, surcharges or costs incurred before you terminate your account(s) or a certain subscription. In the occasion that your account or a particular subscription is terminated, suspended or cancelled, a refund will not be granted; no other credits or items (e.g., virtual gift points) will be credited to you or converted to cash or other form of compensation, and access to your account will be permanently terminated. If your account is terminated or suspended by VIVID SYSTEMS, VIVID SYSTEMS reserves the right to terminate or suspend any of your other account(s).
12. Links to Third-Party Sites
The links to third party sites appearing on the VIVID SYSTEMS Sites will allow you to leave the VIVID SYSTEMS Sites. These linked sites are not managed by VIVID SYSTEMS and might collect data or request personal information from you. To the maximum degree acceptable by law, VIVID SYSTEMS is not accountable for such linked sites, Content, privacy policies or business practises, or for the collection, use or disclosure of any information those sites may collect. VIVID SYSTEMS provides such linked sites only as a matter of convenience and the display of any link does not entail support by VIVID SYSTEMS of such linked sites.
13. Disclaimer of Warranty
VIVID SYSTEMS is not accountable for and makes no warranties, stated or implied, for the User Content or the accuracy and reliability of the User Content posted on or through the VIVID SYSTEMS Services, whether caused by Users of the VIVID SYSTEMS Services or by any of the equipment or programming associated with or used in the VIVID SYSTEMS Services and such User Content does not reflect the opinions or guidelines of VIVID SYSTEMS. VIVID SYSTEMS takes no accountability for third party advertisements or third party applications that are submitted on or through the VIVID SYSTEMS Services, nor does it take any accountability for the goods or services offered by its advertisers. VIVID SYSTEMS takes no accountability for the conduct, whether online or offline, of any User of the VIVID SYSTEMS Services. VIVID SYSTEMS is not accountable for any error, omission, defect, interruption, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member interaction. VIVID SYSTEMS is not accountable for any problems or technical fault of any telephone network, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the VIVID SYSTEMS Services. Under no circumstances shall VIVID SYSTEMS be accountable for any loss or damage, including personal injury or death, resulting from use of the VIVID SYSTEMS Services, turnout at a VIVID SYSTEMS event, from any User Content submitted through the VIVID SYSTEMS Services, or from the conduct of any Users of the VIVID SYSTEMS Services, whether online or offline. The VIVID SYSTEMS Services are provided "AS-IS" and as available and VIVID SYSTEMS expressly disclaim any warranty of suitability for a particular intention or non-infringement. VIVID SYSTEMS is unable to guarantee and does not assure any particular results from use of the VIVID SYSTEMS Services.
14. Limitation of Liability
IN NO CIRCIMSTANCE SHALL VIVID SYSTEMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST OF PROFIT DAMAGES CAUSED FROM YOUR USE OF THE VIVID SYSTEMS SERVICES, EVEN IF VIVID SYSTEMS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. DESPITE ANYTHING TO THE DIFFERING CONTAINED HEREIN, VIVID SYSTEMS LIABILITY TO YOU FOR ANY CAUSE AT ALL AND DESPITE THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIVID SYSTEMS FOR THE VIVID SYSTEMS SERVICES DURING THE MEMBERSHIP TERM.
These Terms of Service are governed by the laws of Australia and the State of Western Australia and you hereby submit to the exclusive jurisdiction of these courts.
VIVID SYSTEMS may assign these Terms of Service, in full or in part, at any time.
VIVID SYSTEMS enforcement of this Agreement is subject to existing laws and legal process, and nothing enclosed in these Terms of Service is in derogation of VIVID SYSTEMS right to comply with governmental, court, and law enforcement requirements relating to your use of the Services or information provided to or collected by VIVID SYSTEMS with respect to such use.
You agree to indemnify and hold VIVID SYSTEMS, safe from any claim, damage, or demand, including sensible attorneys' fees, pronounced by any third-party due to or occurring out of your use of or behaviour on the Services.
If any component of these Terms of Service are stated to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations and warranty disclaimers set forth above, then the invalid or unenforceable condition will be considered superseded by a valid, enforceable condition that most closely matches the meaning of the original provision and the rest of these Terms of Service shall continue in effect.
These Terms of Service, together with the documents specifically included by reference, make up the entire agreement between you and VIVID SYSTEMS with respect to the Services and such agreements succeed all prior or current communications, whether oral, electronic or written, between you and VIVID SYSTEMS with respect to the Services.
You consent that you have not relied on any such communication in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices provided in electronic form shall be permissible in judicial or administrative proceedings based upon this agreement to the same extent and subject to the same conditions as other business documents and records originally produced and maintained in printed form. VIVID SYSTEMS failure to enforce at any time any of the conditions of these Terms of Service shall in no way be interpreted to be a current or future waiver of such conditions, nor in any way affect the right of any party to enforce each and every such condition after that. The express waiver by VIVID SYSTEMS of any condition, provision or requirement of these Terms of Services shall not constitute a waiver of any future requirement to act in accordance with such condition, provision or requirement.
In spite of anything else in this Agreement, no default, delay or failure to perform on the part of VIVID SYSTEMS shall be considered a violation of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the rational control of VIVID SYSTEMS. VIVID SYSTEMS may give you notice by means of a general notice on the Service, electronic mail to your e-mail address on record in VIVID SYSTEMS account information, or by written communication sent by postage or overnight courier to your address on record in VIVID SYSTEMS account information.
All parties acknowledge that this agreement, and all communication and all documentation associated to this agreement, be written in the English language.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE CONDITIONS AND PROVISIONS CONTAINED ABOVE.