Please read the following terms and conditions carefully, as they form a legal agreement agreement between yourself and Clicktomyheart.com.. . IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME A MEMBER OF THE SERVICE. By using the Service after Jan 01, 2006, you are agreeing to be bound by this Agreement, including all amendments made to date.
This Agreement between you and Clicktomyheart.com will apply
to you in respect of any and all services offered by or acquired from the Clicktomyheart.com
web site (the "Site") located at Clicktomyheart.com
Upon successful registration, you become a member of the Service and you agree
to be bound by all of the terms and conditions of this agreement for as long
as you remain a Member, in addition to our Acceptable Usage, Privacy and other
terms and conditions posted on the Site from time to time
THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!!!
Clicktomyheart.com. or you may terminate and void this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party. If you send a notice of termination, your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of Clicktomyheart.com. Clicktomyheart.com does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Site from time to time.
The Owner assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the service through your membership. Use of the service is strictly prohibited to minors under the age of 18, regardless of whether you have parental consent.
As a member, you agree that:
• You represent, warrant and covenant that you are at least 18 years
of age.
• You will only use the Service in a manner that is accepted and legal
according to all applicable laws and regulations.
• You will keep all information provided to you through the Service as
private and confidential and will not give such information to anyone without
the permission of the person who provided it to you
• You will adhere to our acceptable use policies and all other terms and conditions relating to your usage of the Services in respect of the Site, and will not transmit chain letters, junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Members of the Service.
• You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.
• By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant the Owner and 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 of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
• Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault)
• You will not communicate, publish or display to any other Member any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, Clicktomyheart.com reserves the right to remove any such material from the Service without notice.
• You will not engage in, and the Clicktomyheart.com is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member of the Service (including but not limited to physical and emotional damage).
• You will not use the Site, Services or your profile for any purpose other than to seek other persons for meeting, friendship or dating; the Service and profiles shall not be used for any commercial purpose whatsoever (including but not limited to escorts, commercial or non-dating solicitations, or otherwise). Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Site or by email or other means external to the Site, and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to protect our Members from such advertising or solicitation, and to maintain usage integrity on the Site, we reserve the right to restrict access by all Members to certain elements of the Service on a per-action basis (including messaging or otherwise), such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.
• You will not include any contact information or identifying content of yourself or another person in your profile.
• You agree we reserve the right change any of the terms, rights, obligations,
privileges or institute new charges for access to or continued use of Services
at any time, with or without providing such notice as the Site may determine
appropriate. We reserve the right to monitor all advertisements; public postings
and messages to ensure that they conform to the content guidelines which may
be applicable from time to time. All changes will be posted online or may be
emailed to you at the Luvdomain Inc.'s discretion, and you are responsible for
reviewing the information and terms of usage as may be posted regularly to obtain
timely notice of such changes. Continued use of the Services or non-termination
of your membership after changes are posted or emailed constitutes your acceptance
or deemed acceptance of the terms as modified, regardless of whether the notice
or email was successfully received, read, or lost during transmission.
• All sales are final and we do not issue refunds under any circumstances
with the exception of an instance where a mistaken charge has been made and
the credits are unused.
If you have used a portion of your credit package and choose to discontinue
your account, those credits remaining are still yours to use should you decide
to reactivate your account.
You will defend, indemnify, and hold harmless Clicktomyheart.com
as the provider of the Site infrastructure, their officers, directors, employees,
agents, affiliates and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees on a solicitor and his own client
basis) relating to or arising out of your use of the Site or Service, including
any breach by you of the Terms of this Agreement and our Email, Acceptable Usage,
Privacy and other terms and conditions posted on the Site from time to time.
The Service is provided on an "as is" basis. We do not warrant that
this Service will be uninterrupted or error-free. There may be delays, omissions,
and interruptions in the availability of the Service. Where permitted by law,
you acknowledge that the Service is provided without any warranties of any kind
whatsoever either express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose. You acknowledge
that use of the Service is at your own risk. We do not represent or endorse
the accuracy or reliability of any member profile, advice, opinion, statement
or other information displayed, uploaded or distributed through the Service
by Clicktomyheart.com, our partners or any user of the Service
or any other person or entity. You acknowledge that any reliance upon any such
opinion; member profile, advice, statement or information shall be at your sole
risk. You acknowledge that we are not responsible for suspension of the Service,
regardless of the cause of the interruption or suspension. Any claim against
us shall be limited to the amount you paid, pro-rated, if any, for use of the
Service during the previous month. We may discontinue or change the Service
or its availability to you at any time, and you may stop using the Service at
any time
This Agreement as construed between Clicktomyheart.com and
you is governed under the laws of the jurisdiction of incorporation of Clicktomyheart.com
regardless of conflicts of law principles. However, This Agreement is entered
into in Ontario, Canada. You agree that the laws of the Province of Ontario
will govern it and any disputes arising out of this Agreement will be subject
to the courts of the Province of Ontario and the federal courts applicable within
the Province. If any provision in this Agreement is invalid or unenforceable
under applicable law, the remaining provisions will continue in full force and
effect. This Agreement will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods.