Terms and Conditions of Access, Use and Membership
Before YOU are authorized to visit or access materials provided at the bbwromance.com website (referred to herein as "Service" or "website"), YOU are required to read and accept the following Terms and Conditions of Access, Use and Membership (the "Agreement"). PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE.
- Binding Agreement. This Agreement is made and entered into by and between YOU, a person desiring to access and make personal use of the materials appearing in the website ("YOU"), and ODS Online Dating Systems LTD, the owner and operator of the bbwromance.com website ("COMPANY"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by YOU and COMPANY, and by further accessing or otherwise taking advantage of the services and materials provided by "Service", YOU agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this Agreement, COMPANY grants YOU a non-exclusive, but wholly revocable license, to access to the web site. This Agreement is subject to change by COMPANY without notice and at any time, and changes are effective immediately.
- Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN "SERVICE" (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF AGE IN AL, MS, NE, NY ALL OTHER JURISDICTIONS WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR 21, WHERE APPROPRIATE) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF "SERVICE".
- Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the "Content") contained in "Service" is protected under the laws of copyright, owned or under license to COMPANY or its designees, and represents proprietary and valuable intellectual property. YOU cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by COMPANY. Upon becoming a subscriber member of the website, the COMPANY grants YOU a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content. YOU agree that YOU shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the COMPANY does not authorize such access, viewing, downloading, receipt or other use. YOU hereby acknowledge and agree that no materials from any parts of "Service" are authorized, and no materials are intended, by the COMPANY to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas designated as PROHIBITED AREAS below. YOU agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from "Service" , in which YOU am directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of "Service" and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of COMPANY's trademark and other rights, including, but not limited to, rights of privacy.
PROHIBITED ACCESS AREAS
All of the following areas constitute PROHIBITED AREAS from which no part of "Service" may be accessed, viewed, downloaded or otherwise received:
A. All parts of the following countries: Afghanistan, Aland Islands, American Samoa, Angola, Antarctica, Armenia, Azerbaijan, Bahrain, Bangladesh, Benin, Bhutan, Botswana, Bouvet Island, British Indian Ocean Territory, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China, Christmas Island, Cocos Islands, Comoros, Cook Islands, Cuba, Democratic Republic of the Congo, Djibouti, Dominica, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Falkland Islands, Faroe Islands, Fiji, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Georgia, Ghana, Guernsey, Guinea, Guinea-Bissau, Guyana, Heard Island and McDonald Islands, Hong Kong, India, Indonesia, Iran, Iraq, Ivory Coast, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Mauritania, Mauritius, Mayotte, Micronesia, Mongolia, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Niger, Nigeria, Niue, Norfolk Island, North Korea, Northern Mariana Islands, Oman, Pakistan, Palau, Palestinian Territory, Papua New Guinea, Philippines, Pitcairn, Qatar, Republic of the Congo, Reunion, Rwanda, Saint Barthélemy, Saint Helena, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Georgia and the South Sandwich Islands, South Korea, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Togo, Tokelau, Tonga, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, United States Minor Outlying Islands, Uzbekistan, Vanuatu, Vatican, Vietnam, Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe; and
B. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at "Service" would, or could reasonably, constitute a violation of any law, regulation, rule or custom. YOU shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places where COMPANY does not authorize such access, viewing, downloading, receipt or other use, including but not limited to "Restricted Areas." As used herein, "Restricted Areas" means the following geographical areas: Any nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
- Regular Member Subscriptions.
Credit Card Subscriptions:
YOU hereby authorize the credit card processing agent of COMPANY, as disclosed on the "join page" of "Service", through which YOU purchase access to the Service), to place a hold on your account for the amount of the monthly membership fee. Rates of Your subscription To ("Service") will be automatically renewed as detailed on the "join page" at the time of joining, and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the COMPANY that you wish to cancel your subscription no less than three (3) hours prior to the end of the preceding billing period. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement as detailed on the "join page" at the time of join.
You hereby further authorize the credit card processing agent of COMPANY, as disclosed on the "join page" of "Service", to charge Your credit card (or other approved facility) for any and all purchases of products and services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to COMPANY for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to COMPANY for liquidated damages in the amount of $25,000USD. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
- ID and Password. Upon becoming a member of "Service", COMPANY's authorized processor will provide YOU with a unique ID and password which allows access to the website. The ID and password are, and shall remain, the sole and exclusive property of COMPANY, and are issued to YOU in the form of a revocable license. The ID and password are confidential and proprietary material of COMPANY. YOU have a strict obligation to keep the ID and password confidential. Should the confidentiality of either YOUR ID or password, or if either becomes, or YOU have reason to believe that either may have become, compromised or learned by a person other than YOU, YOU must immediately so inform COMPANY via e-mail. Remember YOUR ID and password, because COMPANY cannot and will not release that information to anyone, including YOU, for any reason.
- Accurate Credit Card Information. If the address or any other information pertaining to YOUR credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if YOUR credit card is lost or stolen, YOU must immediately inform COMPANY via e-mail. YOUR failure to do so is a material breach of this Agreement, and, in the event of YOUR failure to so notify COMPANY YOU disclaim any and all responsibility for charges posted to a lost or stolen credit card.
- Security Breach. YOUR subscription cannot be assigned or transferred to any other person or entity. YOU must promptly inform COMPANY of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until COMPANY is notified, by conventional mail or electronic mail of a breach in YOUR account's security, YOU will remain liable for any unauthorized use of the Service.
- No Fraud Concerning Payment. Payment for the services provided to you at and/or through "Service" may be made by automatic credit card or debit card debit and you hereby authorize COMPANY's authorized billing processor to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to "Service", or as unauthorized any charge by "Service" , for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from "Service", or any fraudulent reporting of an unauthorized charge to "Service" on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to "Service" remains outstanding at the time of such fraudulent reporting, you shall be liable to "Service" for liquidated damages of $25,000USD. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
- Indemnification. YOU agree to indemnify and hold harmless COMPANY from and against any claims, losses, liabilities, actions, suits or other expenses (including reasonable attorney's fees) arising out of a breach by YOU of any of YOUR covenants, representations or warranties contained herein. YOUR representations and warranties include:
- YOU at least 18 years of age (at least 21 in jurisdictions having 21 as the age of majority);
- YOUR personal and credit card information, provided to the COMPANY in connection with YOUR free trial and/or membership subscription is true and accurate in all respects and YOU will promptly notify the COMPANY of any changes in that information;
- YOU will not permit any other person or entity to have access to YOUR password or ID and YOU will at no time authorize, permit or assist any other person, including but not limited to persons who are minors, access to the Service.
- You will not bookmark the Website so as to bypass these terms and conditions of service unless you have read, understood and agreed thereto.
- No Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TANSMISSION OF CONTENT OR WEBSITE DOWNTIME. YOU are responsible for having and maintaining the personal computer equipment and Internet access necessary to make use of the Service.
- Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY OT USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH'S MEMBERSHIP FEE. COMPANY is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or other communication at or through the website.
- Termination of Membership. The Service may be terminated by COMPANY at any time, with or without cause. In such event, YOU agree to be personally liable for all charges incurred by YOU during or through the use of "Service". YOU shall remain liable for such charges after termination of YOUR access rights to "Service" for any reason. YOU may terminate YOUR Subscription to the Service at any time, and without cause, upon notification of the other by electronic or conventional mail, or by telephone or by filling out this cancellation form HERE. You agree to be personally liable for all charges incurred by you during or through the use of "Service" until the COMPANY receives proper notice of your cancellation and cancellation will be effective at the end of the then current month of your membership. Your liability for such charges shall continue after termination of your membership for any reason. In the event a Refund is issued to YOU, the Refund will be in the form of a credit to the credit card that was charged for YOUR purchase; Refunds are not made in the form of cash, check or free services.
- Cancellation By User. You may cancel your subscription at any time by disabling your membership in your membership preferences. You must cancel your membership at least twenty-four (24) hours before your monthly anniversary date to avoid being charged for another month of membership. You hereby agree to be personally liable for any and all charges incurred by you until termination of subscription for goods or services through your use of the Service. In the event that you cancel your account no refund, including any subscription fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your subscription, you will no longer have access to the non-public areas of the Service to which you were a member. Please note that cancelling your subscription may not cancel your membership to the Site and your profile may still be viewable by other members.
- Advertising Messages. COMPANY does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through "Service". YOU are advised to use YOUR own judgment to evaluate all advertisements and other communications available at or through the use of "Service" prior to purchasing goods and/or services described therein or otherwise responding to any communication at "Service".
- Subscriber Communications. If the COMPANY should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using "Service" or other services provided to you by COMPANY. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling COMPANY to immediately terminate all rights to access to "Service" . You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through "Service" even if a claim should arise after termination of service. If the COMPANY provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access "Service" and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the COMPANY provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to COMPANY can be read by the operators and/or other agents of COMPANY, whether or not they are the intended recipient(s).
- Notices. Notices from "Service" to Subscribers may be given by means of e-mail, by general posting on "Service", or by conventional mail. Communications from you to the COMPANY may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to "Service" may be sent in the following manner: by means of electronic mail (CUSTOMER SERVICE).
- No Affiliation. "Service" is not affiliated with any COMPANY or organization other than as set forth above. No inference of association or affiliation with, or endorsement by any COMPANY or organization is intended or should be inferred.
- User Uploaded Content. Any and all images and other profile elements uploaded to the Company become property of the Company and may be used by the Company, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any content and/or images you upload to the Company for marketing the Site in our sole discretion.
- Prohibition of Unsolicitied "Spam" Email. All visitors, customers, employees and affiliates of this site are strictly prohibited from sending unsolicited email, or "spam", either advertising for or using the site's name, URL, image or likeness in any way. You also may not use other website users' information, whether private or not, to send unsolicted commercial messages of any kind.
- Associate Websites. The "Service" is offered through and accessible through a number of other websites in addition to this particular website. By registering with this "Service" you acknowledge and accept that all content that you post to this website may be searchable and available to users of the "Service" who access it via different websites from this website and may be accessible on websites other than this website. You further acknowledge and accept that other members of the "Service" that you may view and communicate with via the "Service" may have registered with and accessed the "Service" through a number of different websites. COMPANY makes an effort to ensure that members of the "Service" are not connected with other members that may be inappropriate and therefore apply various classifications to the various web sites that provide access to the "Service". By registering with the "Service" you acknowledge and accept that COMPANY may apply certain classifications to your profile due to your accessing the "Service" via this website and may use such classifications to restrict:
- the availability of communication between yourself and other members of the "Service";
- the availability of the details of other members of the "Service" to yourself; and
- the availability of your details to other members of the "Service".
- Arbitration/Class Action Waiver. The parties agree that and any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be BROWARD COUNTY, FLORIDA. THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTANDSAND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND THE COMPANY WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
- Entire Agreement. This Agreement contains the entire agreement between the Subscriber and COMPANY regarding Subscribers' use of the Service, Content and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by COMPANY. Each party confirms that it has not relied upon any representation not expressly set forth herein to enter into this Agreement. A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time(s). This Agreement shall be governed by and construed under the laws of Florida, without regard to conflict of law principles. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO "SERVICE". BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 in some areas) .
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, YOU SHOULD NOT JOIN.
If YOU Agree and Understand These Terms & Conditions
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