4. As
a Member, you agree that:
a. You are solely responsible for the
content or information you publish or display (hereinafter, “post”)
on the Service, or transmit to other Members.
b. You will use the Service in a
manner consistent with all applicable federal, state and local laws
and regulations.
c. You will not post on the Service,
transmit to other Members or to
PICKDATE, 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 such as copyright, and
rights of privacy and publicity).
d. You will not include in your profile
any telephone numbers, street addresses, last names, URL’s or email
addresses other than when asked for in completing the Confidential
Personal Information section.
e. 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 photos
containing nudity or personal information. PICKDATE reserves the
right to reject any profile or photo that does not comply with the
above provisions.
f. You will not post, distribute or
reproduce copyrighted materials, trademarks, or other proprietary
information of any third party without obtaining the prior consent
of the owner of such proprietary information.
g. You will not use the Service to
engage in advertising to, or solicitation of other Members for the
sale of products or services, or the advancement of political,
social or religious causes, including the transmission of chain
letters or junk email.
(We monitor the number of emails are sent every day. You may be stopped from sending emails if you violate the rules above.)
h. You are solely responsible for your
interactions with other Members of the Service. PICKDATE reserves the right to
monitor and/or mediate disputes between you and other Members of the
Service. You fully assume the
risk for your use of the Service.
INDEMNITY
BY MEMBER:
5. You agree to defend, indemnify and
hold harmless PICKDATE, its officers, directors, employees, agents
and third parties for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of
your use of the Service, including any breach by you of the terms of
this Agreement.
PROPRIETARY
RIGHTS:
6. PICKDATE owns and retains all
proprietary rights in the Service including those arising in
copyright and trademark, as well as other proprietary information of
PICKDATE, its licensors and licensees. Except for that information which
is in the public domain or for which you have been given permission
to copy, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. By posting information or content
to any public area of the Service, you automatically represent and
warrant that you have the right to and do grant unto PICKDATE and
all other Members 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 thereof, or to incorporate into other works, such information
and content and to grant and authorize sub-licenses of the
foregoing.
CONTENT:
7. The opinions, advice, statements,
offers or other information or content made available through the
Service, but not directly produced by PICKDATE, are those of their
respective authors, and should not be relied upon. Such third parties are solely
responsible for such content. PICKDATE DOES NOT GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE
SERVICE AND NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY
PARTIES OTHER THAN PICKDATE.
UNDER NO CIRCUMSTANCES WILL PICKDATE BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR
OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO
MEMBERS.
INFORMATION
SUPPLIED BY MEMBER:
8.
PICKDATE will retain as confidential all information
supplied by you to the Service, including credit card number(s), and
shall use or disclose such information only for the purposes for
which such information was collected, and consistent with our
Privacy Statement and Policy.
DISCLAIMER
OF WARRANTIES:
9.
PICKDATE PROVIDES THE SERVICE ON AN “AS IS” BASIS AND
GRANTS NO WARRANTIES OR REFUNDS OF ANY KIND, EXPRESS AND IMPLIED
WITH RESPECT TO THE SERVICE.
PICKDATE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE
WARRANTIES OF MERCHANTABILITY, PICKDATE FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PickDate
does not warrant that your use of the Service will be secure,
uninterrupted, always available, or error-free, or will meet your
requirements, or that any defects in the Service will be
corrected
LIMITATION
OF LIABILITY:
10.
IN NO EVENT WILL PICKDATE BE LIABLE TO FOR ANY INCIDENTAL.
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COSTS OF PROCUREMENT OF
SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF PICKDATE OR ITS 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, PICKDATE 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 PICKDATE FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP. PickDate DOES
NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, PICKDATE WILL NOT
BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR
MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA
THIS SERVICE. SUCH DAMAGES
INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR
EMOTIONAL DISTRESS AND DISCOMFORT.
CHOICE
OF LAW; JURISDICTION:
11.
This Agreement shall be
governed by, construed and enforced in accordance with the laws of
the State of Pennsylvania applicable to contracts executed and to be
wholly performed in Pennsylvania, without reference to its principles
of conflicts of law. For
purposes of any dispute arising under this Agreement, the parties
hereby agree and consent to submit themselves to the jurisdiction of
the state and federal courts sitting in the State of Pennsylvania and
that service of process by certified mail, return receipt requested,
to the address first written above, or such other address as may be
specified by a party in a notice so given, shall be sufficient to
establish personal jurisdiction of and service of process in such
court(s).
ENTIRE
AGREEMENT:
12.
This Agreement constitutes the
entire understanding of the parties and supercedes all prior and
contemporaneous negotiations, representations, understandings and
writings on the subject hereof.
It may not be altered, amended or any of its provisions
waived (including the requirements of this sentence) except by a
writing signed by the party against whom enforcement is sought, and
it shall be binding upon and inure to the benefit of the parties'
heirs, executors, administrators, successors and
assigns.
BROWSER
COMPATABILITY:
13.
PICKDATE supports several
internet browser versions including Internet Explorer 4.x and
higher, Netscape 4.x and higher, AOL 4.x and higher. Other browser
versions may work, however PICKDATE may not be able to support you
if are using a browser other than those mentioned above.
