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Harmony Dating MEMBER TERMS AND CONDITIONS
THIS AGREEMENT sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Harmony-Dating.com from time to time, such modifications to be effective upon posting by Harmony-Dating.com on the Website. This agreement includes Harmony-Dating.com ’s Acceptable Use Policy for Content Posted on the Website, Harmony-Dating.com ’s Privacy Policy, and any notices regarding the Website.
1. Eligibility. You must be 18 or over to register as a member of Harmony-Dating.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Harmony-Dating.com of your written or e-mail notice of termination. Harmony-Dating.com may terminate membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Harmony-Dating.com. If Harmony-Dating.com terminates your membership in the Service because you have breached the membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose of sending unsolicited e-mail and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Harmony-Dating.com owns and retinas all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Harmony-Dating.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site
a. You understand and agree that Harmony-Dating.com may review and delete any content, messages, Harmony-Dating.com Messenger messages, photos or profiles (Collectively, “Content”) that in the sole judgment of Harmony-Dating.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
c. By posting Content to any public area of Harmony-Dating.com, you automatically grant, and you represent and warrant that you have the right to grant, to Harmony-Dating.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works such information and content and to grant and authorise sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Harmony-Dating.com reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
is patently offensive to the online community such as Content that promotes racism, bigotry or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letter”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or passport only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letter or junk e-mail to other Members. Although Harmony-Dating.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Harmony-Dating.com reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which Harmony-Dating.com deems appropriate in its sole discretion.
6. Copyright Policy. You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that you work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty or perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
7. Subscription and Fees. You agree that we may alter the amount or the basis upon which fees for the Service are calculated from time to time. The amount of any such variation will be notified to you as appropriate. If you sign up for multiple subscriptions to Harmony-Dating.com, you will be limited to only one instance of Harmony-Dating.com Messenger, regardless of the number of subscribing accounts you may have with us.
8. Member Disputes. You are solely responsible for your interactions with other Harmony-Dating.com Members. Harmony-Dating.com reserves the right, but has no obligation to monitor disputes between you and other Members.
9. Privacy. Use of Website and/or the Service is also governed by our Privacy Policy. If you are located outside of the United Kingdom, please note that the information that you provide is being sent to the United Kingdom. By becoming a member of the Service, you consent to your data being sent to the United Kingdom and to such other third parties as may be involved in the provision and operation of the Service.
10. Disclaimers. Harmony-Dating.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any equipment or programming associated with or utilised in the Service. Harmony-Dating.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member or the Service. Harmony-Dating.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Harmony-Dating.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will connection with the Web and/or in connection with the Service. Under no circumstances will Harmony-Dating.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Harmony-Dating.com expressly disclaims any warranty if fitness for a particular purpose or non-infringement. Harmony-Dating.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability. In no event will Harmony-Dating.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website of the Service, even if Harmony-Dating.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Harmony-Dating.com’s 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 Harmony-Dating.com for the Service during the term of membership. This limitation is subject to the proviso that Harmony-Dating.com’s liability for death or personal injury arising from its own negligence or default is not excluded, and any statutory rights you may have as a consumer are unaffected.
12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of England & Wales without regard to its conflict of law provisions.
13. Indemnity. You agree to indemnify and hold Harmony-Dating.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Our Responsibilities
a) We will operate the Web site for the Service with the reasonable skill and care of an online service provider
b) We will do our best to maintain the operation of the Web site for the Service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as possible after any suspension.
c) We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.
d) If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.
15. Privacy Policy. Harmony-Dating.com’s Privacy Policy forms part of this Agreement. By confirming agreement you also give your consent to the way in which we may deal with your personal data as outlined in the Privacy Policy. As the World Wide Web by its nature is global any posting on the Harmony-Dating.com service (including any personal information which you may have chosen to include) is necessarily available to internet users anywhere in the world and by agreeing to these terms you are acknowledging that you understand and appreciate that to be the case.
16. Other. This agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Harmony-Dating.com regarding the use of the Website and/or the Service. If any provisions of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
17. Refunds for paid membership are given at the discretion of Harmony Dating. Should you have any questions regarding your payment, please direct them in the first instance to the site administrator (details on the contact page).
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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