Terms and Conditions for CyberCheatingWives.com
CyberCheatingWives.com
8880 Rio San Diego Drive suite #800 San Diego Ca 92108
Last Modified: May 1st, 2010.
TERMS AND CONDITIONS AND MEMBER USER AGREEMENT FOR CyberCheatingWives.com
Before you can join the CyberCheatingWives.com social networking Site ("Site.") you must read and accept these Terms and Condition. Please read them carefully as agreeing to the Terms and Conditions and otherwise continuing to use the Site creates a binding Agreement. By using or accessing the Site, or obtaining a Membership with the Site , you agree to be bound by the following Terms and Conditions, without reservation:
1. No minors are allowed on this site.
In order to use the Site or any services provided by the Site, you must have attained the age of majority in your jurisdiction. You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not the age of majority in Your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
2. Only lawful activities are permitted in connection with this site.
If you are seeking pornographic or other unlawful activities , you will not find them here and you must leave this Site immediately. You acknowledge that you are aware of the community standards in your community, and You will only access the content on the Site if you believe that the content on the Site does not offend the community standards prevalent in Your community. You agree not to use or access the Site if doing so would violate the laws of Your state, province, or country.
3. Revisions:
From time to time, we may revise this Agreement. We reserve the right to do so, and by continuing to access the site You agree to be bound by the Terms and Conditions that govern the site at the time you access it. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting.
4. Privacy Policy.
Our privacy policy is specifically incorporated into this Agreement by reference. Click Here to Read Our Privacy Policy
5. Fees –
Fees for Members and Types of Memberships - Our Members are provided access to Membership sections of the Sites by paying a monthly recurring fee. Note: Members will be automatically billed each month until the Member cancels service. No credit will be given for partial months. Members are not billed per use, as long as they remain in good standing. The following rates are for ease of reference. A more current list of our rates and charges appears on the Site. The following applies to Members and their Memberships:
(a) Rates:
$1.00 for a 1 day trial membership via Credit Card.
(Membership Renews automatically at $34.67 every 1 month(s) Until Cancelled.)
$1.00 for a 1 day trial membership via Online Check Payment.
(Membership Renews automatically at $34.67 every 1 month(s) Until Cancelled.)
$34.67 for a 30 Day Membership via Credit Card
(Membership automatically renews at $34.67 every 1 month(s) Until Cancelled.)
$34.76 for a 30 Day Membership via Online Check Payment.
(Membership automatically renews at $34.76 every 1 month(s) Until Cancelled.)
$49.67 for a 90 day trial period via Credit Card.
(Membership Renews automatically at $34.67 every 1 month(s) Until Cancelled.)
$49.67 for a 90 day trial period Online Check Payment.
(Membership Renews automatically at $34.67 every 1 month(s) Until Cancelled.)
* Credit Card Billing services is fully secured and guaranteed to ensure the subscriber absolute privacy and reliability in the amount charged. Credit card statements are discreetly charged as:
"GRMEDIA"
Please note that you will remain subject to the lower price of the following two options:
(1) The valid price upon your joining;
(2) The current prices of the Site.
(b) You understand that if You become a Member, we employ an automatic rebill procedure, wherein your account will automatically be billed monthly. You must cancel service by logging into your account and selecting to terminate your membership. Termination will be effective upon the start of the new billing cycle. You will not receive a credit for the current month.
(c) You acknowledge that We may automatically generate invitations to complete membership applications for our other partner or affiliated sites when you join the Site. However, you will not be charged for other memberships unless you affirmatively choose to complete the membership application and register for another website.
(d) Username & Password - As part of the registration process, You will be issued or choose a unique User name and password which You must provide in order to gain access to the non-public portion of the Site. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else, which would indicate an affiliation with another person or entity who would object to such affiliation or a name which may otherwise be in violation of the rights of a third-party. We reserve the right to disallow the use of usernames. Your membership, the ID and password are all nontransferable and non-assignable. You are solely responsible for maintaining the confidentiality of Your User name and password and are fully responsible for all activities that occur under Your User name and password. You agree to immediately notify Us of any unauthorized use of Your User name and password or any other breach of security. You are liable and responsible for any Services authorized under your unique user name until You notify Us by e-mail regarding that unauthorized use. You agree to indemnify Us against all activities conducted through Your account.
(e) Billing Errors. If You believe that You have been erroneously billed, please notify Us immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted by You for all purposes, including resolution of inquiries made by your credit card issuer. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
6. Online Conduct.
(a) In order to continue to enjoy the privileges of being a user of the Site, you must abide by the guidelines set forth in this Agreement. A violation of these on line conduct provisions may immediately result in termination of your account and ability to access the websites. As a registered user, you agree that, among other things, you will not:
1) attempt to obtain the personal contact information of any other user without their consent;
2) use vulgar, harassing, obscene, privacy invading, or defamatory language;
3) do anything to disrupt the operation of the Site, services or network;
4) attempt to gain unauthorized access of the network to transmit Spam, "junk mail" or other electronic commercial messages;
5) advertise or market any services or products to other users of the Site;
6) post, upload or transmit false, misleading or illegal information or content (such as obscene material or child pornography) to the Site, or take any action that violates applicable laws or the rights of third parties;
7) make false statements or attempt to use financial or other information that you are not authorized to use; or
8) infringe on the intellectual property of this Site or other third parties, a) post profiles or content that violates any law, these terms and conditions, or the rights of others.
(b) Your postings shall be accurate and may be posted or removed at our sole discretion. Notwithstanding the foregoing, the Site does not assume any obligation to monitor or review postings or content submitted by our users, and may choose not to do so. Additionally, as a condition of your use of the Site, you represent and warrant to Us that you will not use the Site for any purpose that is unlawful or prohibited by the applicable Terms and Conditions , of this Agreement. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Any violation of the online conduct guidelines or terms and conditions will subject your account to immediate termination without notice. If your account is not immediately terminated, that shall not constitute a waiver of our right to terminate your account. You agree to indemnify, defend and hold harmless, the Site it’s owners and it’s parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to your use of the Site and/or Services, and any material that you submit to or transmit through the Site, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Site and/or Services.
7. Limited License
Subject to all of the Terms and Conditions herein, we grant You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. The Materials on this Site are for the personal, non-commercial use by visitors, subscribers and/or potential subscribers of said Site. Users of this Site are permitted to view Materials (on a single computer only). You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You are not permitted to copy or redistribute any of the content appearing on this Site. We reserve the right to terminate this license at any time if You breach or violate any provision of this Agreement, or for any other reason, in such instance You will be obliged to immediately destroy any information or materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent underall applicable laws.
8. Special Considerations Regading Minors:
You represent and warrant that You will not allow any minor access to this Site. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors' access to certain material that is more appropriate for adults. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep Our adult content from being displayed to your children or wards. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research software controlling access to content at websites, including http://www.getwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter.
9. We Prohibit And Will Report All Child Pornography and any Pedophilic Activity.
(a) You understand that all depictions of all persons on this Site and in all Materials produced or displayed on the Site are of persons over the age of 18 as of the date of the production of the depiction.
(b) If You seek any form of child pornography (including so-called "virtual" child pornography), you must exit this Site immediately. We do not provide, and have no tolerance for, this kind of material.
(c) In order to further Our policy, all Users agree that You will report any images, real or simulated, that appear to depict minors on our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing us at:
Support(at)CyberCheatingWives.com. Include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated in due course and appropriate action will be decided upon and taken by Us.
(d) We cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside Sites are participating in unlawful activities involving minors, please report them to http://www.asacp.org.
10. No Escort Services: This site may not be used for any exchange or offer of money for sex.
No communications regarding the exchange of sex for money are permitted on this site. Any communications on the site related to the exchange of sex for money may result in cancellation of membership and banning from the site. All members are required to keep their communications on this site in the nature of seeking romantic relationships. In the event that your membership is cancelled due to your violation of the within paragraph, no refund of any amounts paid will be issued to You.
11. Content:
(a) Our Site(s) contains images and content, including but not limited to text, software, images, graphics, data, messages, or other information, and any other World Wide Website owned, operated, licensed, or controlled by the Us (collectively, "Materials").
(b) You acknowledge and understand that some or all of the Materials may be considered adult or erotic in nature - and that they may contain some erotic material. You acknowledge that You are aware of the nature of the Materials provided by the Publisher and that you are not offended by such Materials, and that you access the Site freely, voluntarily, and willingly, and for your own personal enjoyment. We prohibit nudity on this website. This means no nipples, penis's or Vaginas showing in any pictures. If a member posts these types of images, there profile will be deleted.
(c) You understand that all of the information, data, text, images, audio, graphics, video, messages, or any other content on the site, whether posted publicly or transmitted privately through our messaging services, are the sole responsibility of the party from whom the content originated. This means that you are entirely responsible for any and all content that you upload, post, transmit, e-mail, message, or otherwise view, publish, or utilize via our services.
(d) You acknowledge that Your profile may be utilized and displayed on other network sites. You hereby consent to make your profile available on other network sites. Users may opt out of this feature by accessing their account settings and limiting the setting of your profile.
(e) You agree to allow any contact information provided to the Site, including any email addresses, to be shared with Our affiliates, partners and independent contractors, for purposes of receiving electronic messages and promotions from such entities. Your agreement to these terms constitutes your specific consent to receive such messages in the future. See our privacy policy for more information.
(f) Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting Our status as the provider of an interactive computer service.
12. Email Terms and Newsletter Agreement:
By joining this site and accepting these terms and conditions, you agree to receive emails, both from the site, and from other users as forwarded to you by the site. You also agree to subscribe to the newsletter our dating review web site “Cyber Dating Review” periodically sends to all active and canceled members. This newsletter will be sent to you at our discretion. You can remove yourself from this newsletter at any time. The newsletter will be sent from our dating review service “Cyber Dating Review”. Your acceptance of these terms and conditions, as expressly indicated by joining this web site, indicates that as a subscriber you wish to receive such emails. If at any time you wish to stop receiving such emails, all you will need to do is contact our Customer Service with your request for removal. Also all newsletters sent to you from “Cyber Dating Review” will have a valid remove link and be 100% compliant with all current email laws and regulations.This web site has a zero tolerance policy for Spam.
Report Spam Here.
11. Restrictions On Use Of Our Sites:
(a) You agree that You will only use the Site for purposes expressly permitted and contemplated by this User Agreement. You may not use the Site for any other purposes without Our express prior written consent. . You agree to pay any and all fees incurred in enforcing our rights hereunder, including attorney's fees and all associated costs.
(b) Without Our express prior written authorization, You may not:
i. Duplicate any part of the Site(s) or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
ii. Create any derivative works based on our Site(s) or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT "fair use";
iii. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, re-distribute any material on the Site or any material contained therein, or remove copyright notices and You hereby agree and stipulate that any and all such uses are NOT "fair use";
iv. Frame or utilize any framing techniques in connection with our Sites or any of the Materials contained therein;
v. Use any meta-tags or any other "hidden text" using our Sites' name or marks, and you agree that to do so would infringe upon our intellectual property rights
vi. Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site);
vii. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
viii. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
ix. Deep-link or bookmark any page of the Site beyond the registration log-in screen.
12. Disclaimer Of Warranty
You expressly agree that use of the Site or any of the Materials contained therein is at Your own and sole risk. The Site and all materials contained therein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We make no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor do we make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the materials contained therein. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, spyware, adware, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for Your use of the internet. We strongly suggest you utilize anti-virus and other such software.
13. Indemnification:
You agree to defend, indemnify, and hold harmless us, our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all claims and damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person's authority acts, conduct, or omissions, including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any of this User Agreement.
14. Profiles
(a) You understand and accept that our site, while built in the form of a personals service, is an entertainment service. All profiles are provided for the amusement and entertainment of our members and our users. There is no guarantee that you will find a date, a companion, or an activity partner, or that you will meet any of our members in person.
(b) You understand, acknowledge, and agree that some of the user profiles posted on this site may be fictitious, and that non-fictitious profiles may not be validated. “Cyber Cheating Wives” uses the dating data base of FriendSearch.com. Your membership fee to “Cyber Cheating Wives” will provide you with ALL of the adult content that it has to offer in its members section. This membership agreement also provides you with a Normal membership to the FriendSearch.com dating data base. This Normal membership only will only allow you to contact Platinum members in the FriendSearch.com dating data base for no extra cost. If you want to contact all the members in the dating data base you will have to upgrade your membership status at FriendSearch.com. In order to do this you will have to upgrade your membership. “Cyber Cheating Wives” does not pass along any of your billing information to FriendSearch.com. You will receive emails from time to time from Friendsearch.com asking if you want to upgrade your membership. You can opt out of these Emails if you so desire. We do not ever share your billing information with FriendSearch.com. Photos and profiles include paid models who are not actual members. All of the pictures, statements, and profiles on these pages were created to get users in the mood and have been created for advertising purposes only Any similarity between user profile descriptions and any person is purely coincidental.
(c) You understand and accept that no communication between you and other users is private. You hereby release Us and all other members of the Site from any liability for invasion of privacy, defamation, false light, and related torts, in the event that your communications or profile are made public.
15. License To Use Your Information:
With the exception of personal financial and billing information, You hereby grant us the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this Site, or which is sent to us by e-mail, file transfer, or other correspondence, for any purpose whatsoever.
16. License To Use Photographs:
(a) By uploading any photographs of yourself, you hereby warrant and represent that you own or control all intellectual property rights with respect to the uploaded photographs;
(b) You hereby irrevocably grant a non-exclusive right and license to us to:
i. Reproduce, transmit, communicate, display, or distribute your submitted photographs, on or as part of our sites, on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
ii. Reproduce your pics in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links)
iii. Adapt, modify, or alter your photographs or otherwise create derivative works based upon your photographs; and for all other reasonable promotional or commercial uses either as part of the operation of our sites, or as a promotion or operation of any derivative or related businesses.
17. The Site does not pre-approve any of its members or users, prior to their use of the Site.
It is your responsibility to properly investigate the background, personality, criminal history, financial condition, or any other relevant factor affecting your potential compatibility with any other member or user, prior to communicating with, or meeting such person. Most importantly, USE COMMON SENSE! Do not provide any personal information to individuals who can misuse that information to your detriment. While the Site provides a venue for the exchange of information, ideas and emotion, it does not act as a guarantor of the accuracy of such information, and all users/members are encouraged to approach the veracity of any communications occurring on the Site with a healthy skepticism.
18. Limitation of Liability:
(a) In no event shall We (or our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, which may arise from any person's use, misuse, or inability to use the Site or any of the materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.
(b) In no event shall Publisher's maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Site or Site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
19. Intellectual Property Rights:
(a) The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Us, constitute proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
(b) The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent.
(c) Modification or use of the Content except as expressly provided in this User Agreement violates the Publisher's intellectual property rights.
(d) Neither title nor intellectual property rights are transferred to You by access to the Site.
(e) All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is our property or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is our exclusive property and is protected. © Gold Rush Media Inc, Inc. (2005-2010), All rights reserved.
20. Photos
All photos and profiles on the tour or cover pages of GayDating Connections are of paid models who are not actual members. All of the pictures, statements, and profiles on these pages were created to get users in the mood and have been created for advertising purposes only. Friendsearch.com controls the profiles and images of all members to CyberCheatingWives.com. For this reason we cannot validate the authentisity of any profiles or photos.
21. Force Majeure:
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site's performance.
22. Jurisdiction/Disputes:
Governing Law. This User Agreement and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of Florida, excluding its conflict of law provisions. All disputes, must be, without exception, brought to court and litigated in Orange County, Florida. The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.
23. Complete Agreement.
This User Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
BY JOINING I SUBMIT THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Company Name & Address:
Gold Rush Media Inc
8880 Rio San Diego Drive suite #800 San Diego Ca 92108.
© Copyright 2010 "Cyber Cheating Wives"