This online personals service is a way
for adults to meet each other (the "Service"). The Service
is provided by the owner of this web domain.
This legal
agreement is made between You and Us ("Agreement"). This
Agreement applies to all of Our sites that are offering the Service.
Please read this Agreement carefully before registering for the
Service. By registering for the Service, You become a member (a
"Member"), and You agree to be bound by the terms and
conditions of this Agreement for as long as You continue to be a
Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT
ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED
TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS
AGREEEMENT ON THE SERVICE.
In this Agreement the following
words have the following meanings unless the context requires
otherwise:
"Agreement" means the
agreement between You and Us incorporating these terms and conditions
for the provision of the Service, as amended from time to time in
accordance with the terms and conditions set forth herein;
"We,
Us, Our" means the Service; and
"You,
Your, Yourself" means the person who registers for the
Service, accepts the terms and conditions of this Agreement and whose
application for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS.
By becoming a Member, You represent and warrant that You are at least
18 years old. By using this Web site, You represent and warrant that
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.
REGISTRATION AND SUBSCRIPTION:
Although You may register as a Member of the Service for free, if You
wish to use the Service to initiate most communication with other
members and use certain other parts of the Service, You must become a
subscriber and pay the fees that are set out. This price list is part
of this Agreement And We reserve the right, at any time, to change
any fees or charges for using the Service. To become a Member, You
must register for the Service. When and if You register to become a
Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your
information to keep it accurate, current and complete. You agree that
We may rely on Your Registration Data as accurate, current and
complete. You acknowledge that if Your Registration Data is untrue,
inaccurate, not current or incomplete in any respect, We reserve the
right to terminate this Agreement and Your use of the Service and, in
such event, You shall not be entitled to a refund of any unused
subscription fees.
TERM AND TERMINATION:
This Agreement will remain in full force and effect while You use the
Service and/or are a Member. You shall not be entitled to nor shall
We be liable to You for any refund of any unused portion of any
subscription payments that We have received from You. You must notify us via email with your username and email address that you wish to cancel the service at least 30 days prior to your renewal date. Please email info@abitbigger.net - Its 100% FREE at this point.
PROPRIETARY
RIGHTS: You represent and warrant to Us that the information
posted in Your profile including Your photographs, audio and video
files are posted by You and that You are the exclusive author of Your
profile and the exclusive owner of Your photographs, audio and video
files. By posting information, photographs, audio and video content
on any Service, You automatically grant, and You represent and
warrant that You have the right to grant, to Us and other members,
free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, copy, perform,
display, promote, publish and distribute such information, content,
photographs, audio and video files and to prepare derivative works
of, or incorporate into other works, such information and content,
and to grant and authorize sub-licenses of the foregoing.
YOUR
USE OF THE SERVICE: As a Member, You agree that:
(1)
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in Your profile
any telephone numbers and street addresses. You will not engage in
advertising to, or solicitation of, other members to buy or sell any
products or services through the Service. You will not transmit any
chain letters or junk email to other members. You are solely
responsible for Your interactions with other members. We reserve the
right, but have no obligation, to monitor and/or mediate disputes
between You and other members.
(2) You are solely responsible
for the content or information You publish or display (hereinafter,
"post") on the Service, or transmit to other members. You
will not post on the Service, or transmit to other members or to Us
or Our employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that
infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and
publicity). You will not include in Your profile any offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, and You will not post any content containing
nudity or personal information. We reserve the right, but We have no
obligation, to reject any profile or photo that does not comply with
the prohibitions set forth in this section and, to the extent that We
determine, in Our sole discretion, to do so, You shall not be
entitled to a refund of any unused subscription payments that We have
received from You.
(3) Email communications sent from Us or
through Us are designed to make your online community experience
enjoyable. By becoming a member, You specifically agree to accept and
consent to receiving email communications initiated from Us or
through Us including, without limitation: message notification
emails, emails informing You of promotions We run and emails
informing You of changes to the Service. Should You not wish to
receive any of Our email communications, please do not register with
Us for the Service.
(4) You agree that We have no
responsibility or liability for the deletion, corruption or failure
to store any messages or other content maintained or transmitted by
Our Service. You acknowledge that features, parameters or other
services We provide may change at any time. You acknowledge that We
reserve the right to sign out, terminate, delete or purge Your
account from the Service if it is inactive. "Inactive"
means that you have not signed in to the Service for a particular
period of time, as determined by Us, in Our sole discretion
(currently, we consider an account to be Inactive after 12 months).
(5) Our customer service employees are here to make your
online experience enjoyable by providing assistance and guidance to
You. When speaking to Our customer service employees you undertake
not to be abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing or racially offensive. Should any of Our
customer service employees feel, at any given point, threatened or
offended by Your conduct, We reserve the right to immediately
terminate Your membership and You shall not be entitled to the refund
of any subscription payments We have received from You.
We
are entitled to investigate and terminate Your membership if You have
misused the Service, or behaved in a way which could be regarded as
inappropriate, unlawful or illegal. The following is a partial, but
not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement:
(a) You will not impersonate
any person or entity.
(b) You will not "stalk" or
otherwise harass any person.
(c) You will not express or imply
that any statements You make are endorsed by Us, without Our specific
prior written consent.
(d) You will not use any robot, spider,
site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or, in
any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
(e) You will not
post, distribute or reproduce, in any way, any copyrighted material,
trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You
will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with
or disrupt any Service or any site, servers or networks connected to
any Service or site.
(h) You will not post, email or otherwise
transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment.
(i) You will not forge headers or
otherwise manipulate identifiers in order to disguise the origin of
any information transmitted through the Service.
(j) You will not
"frame" or "mirror" any part of the Service,
without Our specific prior written consent.
(k) You will not use
meta tags or code or other devices containing any reference to Us or
the Service or the site connected to the Service in order to direct
any person to any other web site for any purpose.
(l) You will
not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the
Service or any software used on or for the Service or cause or enable
others to do so.
(m) You will not use disposable email address(es) or anonymous mail service(s) for any purpose with abitbiger.
INDEMNITY BY MEMBER: You
will defend, indemnify, and hold Us and Our officers, directors,
employees, agents and third parties harmless, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that
any materials that You submit to Us or transmit to the Service
infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party;
and/or (III) Your activities in connection with the Service. This
indemnity shall be applicable without regard to the negligence of any
party, including any indemnified person.
ONLINE
CONTENT: Opinions, advice, statements, offers, or other
information or content made available through the Service, but not
directly by Us, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for
such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR
ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO
CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING
FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE
SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT
WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC
AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH
MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO
VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU
REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL
MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT
READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS
PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL
PROPERTY. All intellectual property rights in and to the
Service are and shall be owned by Us, absolutely. Those rights
include, but are not limited to, database rights, copyright, design
rights (whether registered or unregistered), trademarks (whether
registered or unregistered) and other similar rights, wherever
existing in the world, together with the right to apply for
protection of the same. All other trademarks, logos, service marks,
company or product names set forth in Service are the property of
their respective owners.
PRIVACY: The
personal information (including sensitive personal information) You
provide to Us will be stored on computers. You consent to Our using
this information to build up a profile of interests, preferences and
browsing patterns and to allow You to participate in the Service. You
also agree to read, review, comply with, uphold and maintain Our
terms and conditions thereof. By becoming a member of the Service,
you consent to your data being sent to other third parties and
jurisdictions as may be involved in the provision and operation of
the Service...
DISCLAIMERS: WE PROVIDE THE
SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY
KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR
REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO
NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL
BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH
RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each
member must agree to Our terms and conditions, We cannot guarantee
that each member is at least the required minimum age, nor do we
accept responsibility or liability for any content, communication or
other use or access of the Service by persons under the age of 18 in
violation of this Agreement. Also, it is possible that other members
or users (including unauthorized users, or "hackers") may
post or transmit offensive or obscene materials on the Service and
that You may be involuntarily exposed to such offensive and obscene
materials. It also is remotely possible for others to obtain personal
information about You due to Your use of the Service, and that the
recipient may use such information to harass or injure You. We are
not responsible for the use of any personal information that You
disclose on the Service. Please carefully select the type of
information that You post on the Service or release to others. WE
DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE
ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED
USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE
SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY:
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR TO ANY PERSON OTHER THAN YOU. 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 YOUR MEMBERSHIP.
WE DO NOT CONDUCT
BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE
SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY
DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING
OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION,
DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER
MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE
SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES,
BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS:
To resolve a complaint regarding the Service, You should first
contact Our customer service department by clicking: contact
us. We will try and resolve it a fast as we can.