Membership Subscription Terms of Service Agreement
MILF-DATE.COM
We'd like to help you get your pictures and
profile online to share them with others, to help you express yourself to the
world, to give you an experience that you will (hopefully) find fun and amusing
and (maybe – no promises!) to help you find the kind of people you're
looking for. The Agreement which follows establishes the mutual relationship
that will exist between us.
Either of us can break our ties at any time
(though some obligations will go on after this Agreement terminates), but our
Agreement here establishes the legal rights and responsibilities we, together,
will have in regard to each other while our relationship continues - and
afterwards.
What follows is a contract, and so you should
read each of its provisions carefully so that you understand them. In order to post here, you have to
enter into the following "Terms of Service" Agreement with us.
By clicking the button below that says, "Yes! I
accept the Terms of Service and enter into this Agreement" and also when you
communicate with other Members, or when you establish a profile in which you
can upload information, statements, or photographs, you enter into the
Agreement. You can't change the Terms of Service or alter them in any way or
only agree to some of the provisions.
If you don't want to agree to the Terms of
Service, you should use your browser "back" button or exit from this site by
clicking this link here and proceed out of
this website.
NOTICE: You should know that authorized access to MILF-DATE.COM,
including, but not limited to using any of its Services, is limited to persons
who have read and who have accepted the Agreement which follows - and only to
persons legally competent to enter into contracts. Permission for access is
denied to all other persons by its owners and operators. Unauthorized access to
any of MILF-DATE.COM's Services amounts to the crime of computer trespass or
computer intrusion under the laws of one or more jurisdictions. And so, if you
are under the age of 18, you may not use the services of MILF-DATE.COM at
all. If you are a minor and proceed to click and accept, you do as a
trespasser, subject to criminal penalty. Please wait until you are 18 years of
age or older, and then come back to join.
A. Establishment of this Agreement
Nature, Formation, Modification and Duration of Agreement,
Definitions of persons mentioned in this Agreement.
This Agreement (sometimes called "Terms of Service" in this Agreement) is made and entered into by and
between MILF-DATE.COM, and "you",
a Member in the program administered
by us, for good and valuable consideration (the receipt and sufficiency of
which is hereby acknowledged by you and by MILF-DATE.COM); Together, you and
we are the "parties"; You become a Member by entering into this
Agreement; the other persons who do so are "Members", too. Your
relationship with us (and that of other Members)
is called a "Membership" in this Agreement. You will have expressed your
assent, consent, and agreement to all of the terms of this Agreement by clicking on the link below ("Yes!
I accept the Terms of Service and enter into this Agreement").
This Agreement is subject to change by us at any time through a procedure calculated
and designed to inform you of the change: If we decide to change this Agreement, when we do so we will
send you a notification of each change at the email address identified in your
profile. We will also post the changes on the web page at this address: https://milf-date.com/tou.php.
You agree that this is a reasonable
procedure that will reasonably and effectively communicate notices of Agreement
changes to you. (You also agree that, should you determine to discontinue
the use of the email address that you provided to us at the time of
registration, substituting another email address, you will update your registration
information with us by changing it to reflect the newly intended email address
and by deleting the former email address, before you cease monitoring messages
in the former email account, insuring that our emails will always be sent to
your active, current, monitored email address.) You agree that if you use any
of the Services offered by MILF-DATE.COM after we have transmitted an email to
you in this manner and we have posted it to the page whose URL is set forth
above, you thereby give your agreement and consent to the Agreement as it has
been changed, regardless of whether you actually read or received the email
notifying you of the change or whether you actually did or did not read the
changes posted, and those changes will become effective to modify this
Agreement forty-eight (48) hours after we transmitted such an email to you.
If you do not wish to consent to
the changes in this Agreement, you must cancel your Membership though
this link and you must refrain
from using any of the Services offered by MILF-DATE.COM. This Agreement
remains in force and effect until or unless it is changed in accordance with
the terms of this Paragraph or is otherwise terminated under the terms of this
Agreement. Some of your obligations to us under this Agreement or any successor
Agreement survive any change or termination of this Agreement or the
termination of your Membership for any reason.
B. Our Obligations to You.
We promise you the following, while you are a Member, subject to all of the terms of this Agreement that:
- We will provide you with a Service that enables you to post photographs
and personal profile information about you for the evaluation or enticement of
our other Members, and which will enable other registered Members to contact
you and you to contact them by instant message or email, and for all of our
Members to search for one another, all by means of our servers and proprietary
software. In this Agreement, "Service" and "Services" are used
interchangeably to mean these same things or any of them.
- MILF-DATE.COM is intended
and operated only for purposes of entertainment and fun and for no other
purpose or purposes. We have created and operate what we think to be the best
platform in existence to encourage and facilitate the process of bringing
people together online. We hope that you meet other people you like through our
Services – and that they like you, too. If you'd like to flirt, we hope
that you get to do that, too. But we do not guarantee that you will ever meet,
chat, converse, or flirt with, or exchange any information with any other real
person, or any other real person looking for a genuine relationship. We aim to
entertain and amuse you – and in order to enhance your enjoyment of the
time you spend with us, we will employ technical means to engage you in the
simulation of flirting with and discovering other attractive people. If we do
it well, you may never be able to tell that we are doing it or know when it
happens. This is more fully explained in Section I. of this Agreement,
Cautions About The Use Of This Service And Your Release Of Liability.
We will aspire to operate
MILF-DATE.COM in a reasonable way under procedures that enhance your
enjoyment and the benefit that you will receive from our Services, to protect
your autonomy, expression, freedom of choice access, and security in ways that
seem reasonable to us (in our sole discretion) and to endeavor to accomplish
these things in the manners particularly described in this Agreement. We have
the sole and exclusive right to run MILF-DATE.COM and its Services as we see
fit, to terminate or modify any or all of its Services, to terminate your
Membership or that of anyone else, or even to terminate this site or any
Service or any part of any Service at any time, for any reason or for no
reason, with or without prior notice to you or anyone else, as we choose, in
our sole discretion. Our choices will always balance competing interests and
values, including our own, and our decisions may not satisfy everyone nor
perfectly nor even approximately accomplish any particular goal mentioned in
this Paragraph. We will run MILF-DATE.COM by doing what we think is the
right thing and you agree to accept our services exclusively on that basis.
- We will answer your questions within a
reasonable time about these "Terms of Service" and the way our Service operates.
We may decline to answer questions about proprietary information or trade
secrets in the operation of our site or for any other business reason.
- We will design and implement reasonable measures calculated to assure your reasonable
(but severely attenuated and diminished) expectation of privacy in the
context of a Service which, by its very nature, attracts public attention to
your appearance and profile, puts you in contact with strangers, and which
depends on advertising and promotion with other, independent entities for
commercial viability. You will be able to post your photographs, personal
profile, and comments, and engage in instant chat with other persons in line
with our Member Privacy, Security and Information Usage Policy,
Section D. of this Agreement.
- When we change this Agreement, we will send
you an email advising you of the change and post the changes, as more fully
explained in the controlling provisions above, in Section A. of this Agreement.
- Our liability to you concerning any of these
obligations and any duty which we might owe to you are limited by the
disclaimers of liability and other provisions contained in this Agreement.
C. A Summary of Your Obligations to Us.
The following language conveniently summarizes
many of your obligations to us. Some or most of the obligations described in
this Part C. are more completely recited in other parts of this Agreement and
the more complete recitation controls if there appears to be any conflict
between them. Neither that a duty described elsewhere is omitted in this Part
C. nor that a duty is alone described here affects its validity and force.
You promise and represent to us all of the
following, subject to all of the terms of this Agreement:
- You are at least 18 years old at the present time. You
agree that when you register with us, you will honestly and accurately enter
the true date and year of your birth. You also agree that all of the other
information you provide us for any purpose at any time will be truthful,
accurate, and complete, as provided for in Paragraph 9. of this Section, in the
Registration Rules contained in Section E. of this Agreement, and in
Section J., Use and Abuse of the Services, and elsewhere in this
Agreement.
- You agree to keep your email address registered with us current
and to monitor your incoming email every day. You agree to read the email
messages we send you. If they announce a change or modification of these and
you do not wish to agree to them, you agree that you must immediately cancel
your Membership in the manner provided for in this Agreement and that you will
nevertheless be bound by those changes or modifications should you fail to
immediately cancel your membership.
- You agree to click on the Terms of Service link located on our
homepage to check for changes or modifications in these Terms of Service at
least as frequently as you use any of the Services offered by us.
- You agree to read the provisions of this Agreement and
to ensure that your conduct conforms to the rules and obligations set forth in
them in every respect, at all times. You agree not to do any of the things that
this Agreement prohibits. You agree to seek amplification or explanation from
us in regard to any term, wording, or provision that you do not understand or
which seems confusing or vague to you and to accept our explanation or
interpretation, in our sole discretion, as authoritative, final, and
controlling, You understand that more detailed Registration Rules
(Section E.) Member Standards of Conduct (Section F.) are contained in
this Agreement and that, by accepting this Agreement, you are bound by them as
they are presently articulated and as they may, in the future, be changed or
modified.
- You agree to obey the laws of every jurisdiction,
national, state or provincial, and local that has authority over you in your
use of our Services. You agree that you will not use the
Services to infringe or violate the rights of or to intimidate, harass, or
bully any Member (or any other person at all), nor to violate our rights, nor
do any of these things in any place or manner outside our Services with
information or other things that you obtained using our Services. You agree
that, in using our Services, you will at all times act reasonably and in good
faith, and that you will not unreasonably burden or afflict or inconvenience
the use of the Services by any Member or us. Important details concerning your
obligations are contained in this Agreement under Member Standards of
Conduct. (Section F.)
- You agree that, in using our Services, you will accept
sole and exclusive liability for the consequences of your own conduct in
violation of this Agreement or in violation of the legal rights of any person,
or in violation of the law. You understand that this Agreement contains many
provisions regarding your own liability for your conduct, your complete waiver
of any claim against us, and your indemnification of us should any aspect of
your conduct give rise to a claim against us; each is important for you to
understand in this regard. See Sections H., I., J., and K., and other
provisions contained elsewhere. You agree that as a Member, you are using our
Services for your own purposes and that the relationship between you and us is
not a joint venture or partnership nor an employment or agency relationship. We
simply provide Services to you under this Agreement. You are not authorized to
do anything at all on our behalf nor to tell or otherwise communicate anything
to the contrary to any person under any circumstances.
- You agree that you will not
share your password with any other person, nor through oversight or negligence,
allow any other person to learn it. You will not permit any other person (not
even your spouse, Significant Other, or BFF!) to gain access to your account.
You will notify us immediately when you learn or suspect that the
confidentiality of your password has been compromised. This obligation is more
fully explained and is controlled by Section D. of this Agreement, Member
Privacy, Security and Information Usage Policy. and at Paragraph F. 6., in the
Member Standard of Conduct.
- You understand that your registration entitle's
you and only you to use the Services provided to you at registration, and that
no right or privilege or access granted to you concerning the Service can be
sold, assigned, leased, given, rented, or transferred by you to any other
person (or published or distributed) without our prior consent in writing. You
promise that you will not do or attempt to do any of these things.
- You agree that you will co-operate with us in any reasonable
investigation that we may conduct concerning the use of the Services by you or
any other person. You will provide us with accurate, truthful, and complete
statements, information, correspondence, records, and/or documents, promptly
upon our request, and if asked to do so, you will provide it under oath. This
duty is more fully explained in this Agreement under Abuse and Proper
Use of the Services (Section J.)
- You agree to tell us
(as provided for in Section L. of this Agreement, Temination) when you
want to call it quits and terminate your active participation in the Services
we provide by canceling your registration at this link.
Some of your obligations under this
Agreement will continue after termination as provided in this Agreement.
- By posting your photograph and personal profile here, you voluntarily attract the
attention and interest of many persons, and you thereby ask them to comment or
evaluate. You agree to waive any claims against anyone operating or using this
Service for defaming you or for portraying you in a false light, for insulting
you, or for bringing private facts any of them might know about you to public
knowledge or to the knowledge of any other person, for hurting your feelings,
and for intentional infliction of emotional distress upon you. Simply put, you
are most sincerely advised not to disclose anything about yourself in our
Services – even in messages - that you don't want to be known publicly
– and that you should not use our Services at all unless you have a very
thick skin. This is more fully explained in Section I. of this Agreement,
Cautions About The Use Of This Service And
Your Release Of Liability.
- The world we live in is filled with cheats, frauds, poseurs,
the false and insincere, with rapacious characters who seek to take unfair
advantage of the guileless, naive, innocent and trusting. You might meet actual
people through our services, but then again, you might not; you may never know
for sure whether any encounter was with a real person. You may encounter
profiles that are total fakes and you may receive communications from total
fakes through our services. By "total fakes" we mean to include profiles that
are total fiction, pure and simple, posted by people who bear no resemblance
whatsoever to the identity described and we mean also to include communications
generated by people who are deceiving you in every regard about their identity,
description, and motives and communications from scripts and programs operated
automatically to deceive and mislead, which may not actually not be transmitted
by any real person at all. The real people you meet, if any, may be total
imposters and may have malicious or pecuniary motives; they may even be paid to
engage you. There simply is no way to keep these characters and programs out of
any social networking site any more than there would be a way to keep them all
out of society in general, and so it surely possible, and more, perhaps likely,
that you will encounter them here. You may be amused by them, too. You are most
strenuously advised to trust no one but your Mother, and certainly not to trust
the rascals or programs you will meet here. In this Agreement, you release us
from all liability stemming from any of this. This is more fully explained in
Section I. of this Agreement, Cautions
About The Use Of This Service And Your Release Of Liability.
- Categories of Membership and Charges:
-
When you join as a Free Member you agree to the terms of this Agreement, but
you do not agree to pay us any Membership subscription fee. The terms of this
Agreement remain in effect until it has been terminated in conformity with its
provisions. Some of its provisions survive the termination of this Agreement.
-
This Agreement adopts and incorporates the schedule of Premium Membership
prices, the descriptions of the duration of the Membership Subscription Period,
and the description of Premium Membership benefits as they are published and
described in our Upgrade Page
at the time that you enter into this Agreement. It also adopts and incorporates
each and every change that may be made to that schedule at the time that such
changes may become effective pursuant to the provisions of Section A. of this
Agreement.
-
We offer several categories or tiers of Premium Membership. These categories
may include a Silver or Gold Premium Membership and may also include different,
special categories of membership.
-
When you subscribe to a Premium Membership, you do so under an initial
discounted or promotional plan by which you pay a reduced price for an Initial
Membership Subscription Period, which may be shorter than a Regular Membership
Subscription Period. When you subscribe under such a plan, you agree to pay us,
at the time when your Initial Membership Subscription Period ends, at the
normal, nondiscounted, nonpromotional, higher, price ("the Normal Rate")
for the next Regular Membership Subscription
Period and to do so again on a recurring and periodic basis when that and all
subsequent Regular Membership Subscription Periods end, unless this Agreement
has earlier been effectively terminated in conformity with its provisions. You
agree to pay us by means of automatic credit card rebilling on a recurring,
periodic basis, at the then-effective Normal Rate for your category of Premium
Membership then-published on our Upgrade Page with respect to a
regular Membership Subscription Period recurring at the end of an Initial
Membership Subscription Period.
-
We may change the categories of Premium Membership over time in ways that may
affect the duration of Regular Membership Subscription Period, the Normal Rate,
and the particular services which are provided for category, just as any other
term in this Agreement may be changed in conformity with the provisions of
Section A of this Agreement. The cost of your Premium Membership will not be
increased nor the Services provided to you categorically decreased so as to
become effective until your current Membership Subscription Period comes to an
end.
-
You authorize us to charge you (by means of on the credit card account by which
you paid for your initial Membership subscription fee) for your initial
Membership Subscription Period and thereafter, periodically and on a recurring
basis, to charge the same account, by means of automatic credit card rebilling,
at the Normal Rate for your category of Premium Membership then-published on
our Upgrade Page with respect
to recurring billing after the end of any Initial Membership Subscription
Period, even if the Normal Rate has been increased from the current Normal Rate
in conformity with the terms of this Agreement, and to do so again on a
periodic and recurring basis when each subsequent Membership subscription
period ends, until or unless this Agreement has earlier been terminated
pursuant to it provisions.
- THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased
the Membership subscription has no monetary value and only entitles you to use
of the Services we provide for the Membership Period. In addition to paying the
published price, you are responsible for paying all applicable taxes in
connection with the purchase of the Membership subscription.
- If you incur any additional
charges beyond those provided as part-and-parcel with your level of Premium
Membership, you agree to pay or have paid all fees and charges incurred in
connection with your Membership with the Service (including any applicable
taxes) at the rates in effect when the charges were incurred.
ALL FEES AND CHARGES ARE NON-REFUNDABLE.
- You also are solely
responsible for any fees or charges incurred to access the our Services through
an Internet access provider or other third party service, including but not
limited to telephone charges.
- YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR
CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
- You represent and warrant to us that you are authorized to
charge transactions on the credit card you used to purchase your Membership
subscription. You understand that we can sue you and take any other lawful
collection action should you defraud us in this regard or should you fail to
pay your Membership subscription charges as they are incurred. You also agree
that we shall have the right to recover our reasonable attorney's fees and
court costs associated with such a lawsuit.
D. Member Privacy, Security and Information Usage Policy.
- You agree that you are
exclusively responsible for assuring the confidentiality of your username and
password, and the security of your account. Upon becoming a registered member
of MILF-DATE.COM, we will create an account for you and you will select a
unique username and password combination which allows you to access the
Services we provide. You agree that you shall not
transfer or assign them (or any of your rights under this Agreement) nor shall
you grant permission for their use to or by any other person. The username and
password are confidential and proprietary material, the property of
MILF-DATE.COM, and you have a strict obligation to keep the username and
password confidential. We may cancel your account, at any time, with or without
providing you a new account, and/or issue you a new Username and Password
combination for an existing account, with or without cause, with or without
prior notice to you and we may bar you from further registrations, all in our
sole and absolute discretion. You never acquire a right to the use of our
Services which we cannot discontinue. Should the confidentiality of your
username or password become compromised or should you have reason to believe
that either may have become compromised by having been learned by a person
other than you, you agree to immediately to inform us via
this link.
- The physical security of the data you upload
to MILF-DATE.COM has been protected by our special security protocols
engineered to afford a high degree of integrity and protection against the
theft, destruction, unauthorized use, or alteration of the information
associated with you or collected from you. However, no one can guarantee
absolute protection of data stored on servers, and we do not warrant or
guarantee the protection and security of any data you enter, upload, or
transmit, but we have a high degree of confidence that our protocols result in
superior security. You agree to keep and retain local offline backup copies of
every item of text, images, audio, video, links, scripts, and/or design that
may be of any value to you, so that its deletion from our Services, intentional
or otherwise, will not irretrievably cause its permanent loss to you or
destruction – and we most strenuously advise you to do so regularly and
often, as frequently as you make any change to your page. We assume no
obligation to back-up any of your data or to provide you with any copy of any
data.
- You agree that our authorized representatives
may gain access to your account (and all of the information and data it
contains) and use it for any reasonable business purpose. They can, in their
full, complete, and final discretion change or delete or add to any of the
contents of your account – by way of example and without any limitation
of the foregoing, to remove profane language, to change your listed gender, to
remove images or text of any kind, and, in short, to make any and all possible
changes in our sole discretion, of any kind or sort whatsoever, for any reason
or for no reason, with or without any prior notice. We may even put advertising
on your page or in your communications in our Services.
- You agree that you have a severely diminished
and attenuated expectation of privacy with respect to any information, files,
or data you provide or upload to MILF-DATE.COM or which is collected by it
in association with your identity. In fact, you grant us extensive rights
concerning them to use them all commercially.
- The very nature of this site puts you and your
profile in the public eye for evaluation and rating and comment, and attracts
instant chat and email from strangers. You consent to receiving email and
instant messages (including advertisements and solicitations, even if they are
duplicates) from MILF-DATE.COM, and its associates, licensees, customers,
strangers, and Members without temporal or any other limitation, qualification,
or reservation, even if you have had no prior contact or communication with any
such person. You expressly consent to our disclosure and commercial use of the
Content that you upload, communicate or transmit in your use of our Services
and to our disclosure and the commercial use of any data or information derived
or acquired from your use of the Services, including use by third-party
advertisers, without effect to the other releases, grants, and licenses
contained in this Agreement. The term "Content" in this Agreement means
everything and anything at all that is capable of publication, posting,
uploading, transmission, or communication, including but not limited to text,
images, photographs, video, music, programs, and anything else so capable, at
all, without limitation. The terms of this Paragraph survive the termination of
this Agreement for any reason.
- With the exception of personal financial and
billing information, you hereby grant to us a perpetual, unlimited,
royalty-free, world wide, non-exclusive, irrevocable, freely transferable,
license to run, display, copy, reproduce, publish, bundle, distribute, market,
create derivative works of, adapt, translate, transmit, arrange, modify,
sub-license, export, merge, transfer, lend, rent, lease, assign, share,
outsource, host, make available to any person or otherwise use, any information
or other Content you provide, upload, or transmit, on or through the Services
we provide or which is sent to us by e-mail or other correspondence, for any
purpose whatsoever. We may use any and all of this Content, including but not
limited to text and photographs (regardless of whom they may depict) of any
nature for any purpose, including, but not limited to their commercial public
use in websites or in any other media we or any associates or contractors or
licensees of ours may operate and in any other media of any nature whatsoever,
published or operated by anyone. We shall have no obligation of confidentiality
to you regarding any such Content unless specifically agreed by us in writing
or required by law. We shall never be obliged to delete any information from
the web site. These foregoing provisions shall survive termination of this
Agreement for any reason.
- You agree that, even should you terminate this
Agreement, portions of your profile may remain visible by other Members.
- You agree that, by registering
and uploading and/or transmitting Content in our Services, you, yourself, are
publishing them by your use of our Services. You warrant and represent to us
that you possess all Publication Rights concerning any Content you use or
employ in your use of our Services and that your use of our Services in
connection with any Content violates the rights of no person whatsoever. You
warrant that our commercial use of that Content will violate the rights of no
person whatsoever. You irrevocably grant us the freely assignable or licensable
right to our unrestricted, royalty-free, worldwide use of the Content that you
shall publish or transmit through the use of our Services in any media or
merchandise at any time, irrevocably and perpetually, waiving and releasing any
and all private rights, including but not limited to rights of publication
and/or publicity, public disclosure of private facts, moral rights, copyright,
and any other right of any character whatsoever belonging to any person that
might otherwise burden such free use of this Content in the manner described.
You warrant that you possess all rights and powers necessary to effectively
grant the licenses and permissions necessary for the exercise of free and
plenary use of the Content which you have granted to us and to others in this
Section. You further warrant and represent to us that you can prove your right
to do so through documentary evidence. These foregoing provisions shall survive
the termination of this Agreement for any reason.
- You agree that, at all times, we may examine,
monitor, acquire any information associated with your use of our Services, and
to disclose it to any person in our own sole and absolute discretion whenever
we determine that disclosure is necessary, convenient or appropriate in
discharging our legal obligation or to protect the rights or property of any
person, including but not limited to ourselves, in the enforcement of the terms
of this Agreement or for any business purpose.
- We and third-party advertisers may set
cookies or run scripts on your computer that enable us or our advertising
partners to identify your computer and various selections made and websites and
pages visited by you and other persons using your computer, for the purpose of
directing advertising that we or they feel may be of the most interest to you,
and to display that advertising. You consent to that.
- Without limitation of the foregoing or of any
other term in this Agreement, you agree that we and our banks, agents,
employees, customer service personnel, or credit card processors may confirm
the fact of this Membership subscription, its cost, the level of membership,
and/or its inception and termination dates to anyone who may contact us or any
of them with the number of any credit card which you have tendered to us or to
our banks, agents, employees, customer support personnel, or credit card
processors and that we may use any personal or financial information concerning
you to collect sums owed to us or otherwise to enforce the terms of this
Agreement.
- You agree that the provisions of this
Section, among others in this Agreement, survive the termination of this
Agreement.
E. Registration Rules
You agree that:
- All of the registration
information you provide us about yourself – whether online or offline
– whether in person at our parties and business events or in
correspondence or otherwise - will
be truthful, accurate, and complete. Without limiting the foregoing, you will
provide your real name, date of birth and email address.
- You agree to update your
registration information in your account in a timely and prompt manner whenever
the information collected from you at the time of registration changes. You
will assure that it is complete and accurate as long as you maintain an
account.
- You agree that you shall not
register under the name of any other person, real or not, living or dead,
whether with that person's authorization or otherwise. nor shall you use
registration information not your own. You will not maintain simultaneous
registration for more than one (1) identity relating to you, yourself.
F. Member Standards of Conduct: Prohibited Conduct and Content
- You are responsible for the
consequences of your conduct. You agree that you will violate no law nor
infringe any private right, trademark, or copyright in your use of the Services
and you agree that you will use the Services only in a reasonable and
responsible way. Without limiting the
foregoing, you agree that you will not post or upload to MILF-DATE.COM, nor
through its Services, publish, depict, promote, advertise, transmit, or
communicate any Content ("Content" is
defined as Paragraph D. 5. of this Agreement) described below nor will you
engage in any practice described below, whether done by only yourself or
through the agency of any other person:
- The abuse or
harassment, bullying, stalking or defamation of any person or giving help,
encouragement, or assistance to any other person doing these things. The
communication of any threat to any person. The communication of any threat of
suicide. Content that promotes racism, bigotry, hatred, or physical
harm of any kind against any group or individual. Any contact, through the
Service or through any other means or modality whatsoever with any person with
whom you have had contact through our service who has asked you not to contact
that person, by use of our Services or otherwise.
- Intellectual Property, Right of Publicity, Personal Rights, and Right of Privacy:
- Any Content
whose use by you infringes the copyright, trademark, patent, or other
intellectual property of any person or which violates or tends to violate the
right to privacy of any person, including but not limited to the rights of
publicity, publication, false light, or the public disclosure of private
information.
- Any Content
for which you do not possess all Publication Rights (defined at L. 3. below)
necessary for your use of that Content and possess written evidence of those
Publication Rights, except as otherwise specifically proved for in Paragraph F.
3. below.
- Any Content
whose use by you amounts or tends to amount to a tort against us or a third
person, including, but not limited to, the torts of
defamation or intentional infliction of emotional distress.
- Any other
person's personal identification information without that person's permission
for such use. (The term "personal identification information",
as we use it in this Agreement, means all information personally associated
with any particular person by law or custom, including without limitation, the
name of and images or video depicting a person or audio containing the sound of
that person's voice, and also including any person's actual or real name, any
aliases, nicknames, professional names, maiden names, or pre-adoptive names,
social security number, driver's license number, the number given in a passport
or other officially-issued identification document as that term is defined or
described in 18 United States Code Section 1028 (d)(3), expurgated or
unexpurgated, redacted or unredacted images of any identification document
mentioned or described in that Statute or any part of any of them. It includes,
without limitation, any email address other than an anonymous email address
issued by this site, the number associated with any bank account, debit card or
credit card owned by or issued to any person at any time. It also includes,
without limitation, any Personal Identification Number or other numbers or
codes used for verification or security for any financial purpose and any
username or username or password combination used or issued to be used online
for access to any email account or to access or use of any computer, server,
digital storage medium, or computer system or to obtain services of any
character from any website or any interactive computer service of any nature
whatsoever. Usernames associated with profiles on MILF-DATE.COM are not
included within this definition.)
- The violation
of any law or the promotion of or facilitation of illegal conduct under the
laws of any jurisdiction in which MILF-DATE.COM may be accessed, including,
but not limited to solicitation of any offense, the promotion, publication, or
distribution of an illegal or unauthorized copy of another person's copyrighted
work, including but not limited to pirated computer programs, providing
information to circumvent manufacturer-installed copy-protection devices, or
providing pirated music files, images, videos, text files, graphic images, or
links to any of them.
- Any advertising, promotion, product, service, business, commerce, offer,
agreement, or proposal.
- Any 1) unfair, untrue, misleading, unfairly competitive, fraudulent or deceptive act,
practice, communication, transmission or statement whether or not criminal
under the laws of any jurisdiction, or which is calculated to achieve any such
an improper purpose and 2) the use of any script, program, or other method or
technique by which messages, emails, replies, or other communications may be
generated and/or transmitted automatically (other than your "out of the office"
automatic reply to emails or messages stating that you are unavailable and may
be reached at a later time). This prohibition includes for purposes of an
example, but is not limited to, the creation of fake profiles that do not even
approximately describe you, but which, in fact, describe another person,
fictitious or otherwise.
- Any program, file, data stream or other material which contains viruses, worms,
"Trojan horses" or any other destructive or invasive program, regardless of
whether damage is intended or unintended, which may cause damage to any
computer equipment, the loss or corruption of data or programs, an
inconvenience to any person, or any alteration of any person's computer's
settings or configuration;
- Distribution,
publication, or solicitation of any Personal Identification Information or
sexual information about any person under the age of eighteen years, whether
with or without the consent of that person.
- Chain letters, pyramid schemes and lotteries, and any promotion or advertisement of
any of them;
- Information concerning the use, possession, sale, distribution, availability, or
manufacture of drugs, drug paraphernalia, explosives, weapons, poisons,
or other toxic or hazardous substances;
- The use of a link to any web site or web protocol of any character from which images,
pictures, logos, graphics, or pages not owned or controlled by you may be
viewed, received, downloaded, or accessed in any fashion, unless you have prior
consent from the owners of such other site or sites. The posting of passwords
of any web site or interactive computer service and any deeplink to the
contents of any web site, or assisting in the evasion of membership fees of any
other person or web site without proper authorization. Linking to any hidden
page, directory, or file on any web site, not directly accessible from any
other link on that web site.
- The impersonation of another Member.
- Use of our
Services in connection with Content depicting or describing actual or simulated
sexual conduct, by photography, drawing or animation, except as provided as
follows:
- You may post
certain erotic but non-obscene images as limited below– but you may do so
only if you comply with United Kingdom Obscene Publications legislation and the
provisions of Title 18 United States Code Section 2257 and its implementing
Federal Regulations as authoritatively interpreted by the courts of the United
States or by the Department of Justice regardless of whether those statutes and
regulations are constitutional. Although we will not provide you with any legal
advice or forms, you should acquaint yourself with the laws concerning the
publication of images depicting simulated sex, actual, explicit sex,
masturbation, bestiality, sadomasochistic abuse, and certain kinds of nudity,
because your publication of Content to which they apply, outside compliance
with federal law, amounts to a serious crime. The law imposes certain duties on
producers, including certain publishers (and each person who inserts an image
regulated by the cited statute onto a web page) republishers and "secondary
producers", of such Content and those duties include an obligation to inspect
identity records and make and retain copies of them, to record the date of
production, to inquire about alias names used by the performers, to maintain
and organize records concerning the performers and works containing the images,
to prepare and affix disclosure statements to works containing such images, and
to make records available for inspection by the Attorney General or his or her
designee.
- But the
exception contained in F. 1. l) 1. does not extend to - and you agree that you
will not use our Services to publish, transmit, or otherwise communicate or
distribute - any Content depicting or describing bestiality, necrophilia,
coprophilia, urine, vomit, blood, gagging, depictions or descriptions of a
sexual nature involving persons under the age of 18 years (including sex of any
kind, simulated sex, sexual conduct, masturbation, bondage, domination,
sadomasochism or nudity), rape, the infliction of serious pain and/or torture,
the sexual penetration of restrained or gagged or blindfolded persons, or the
sexual activity of persons with physical or mental disabilities or handicaps,
or links to such matters or descriptions of how they may be accessed. Such
described Content and any and all Content which is legally obscene in The
Federation of St. Kitts and Nevis, The United Kingdom, Bailiwick of Guernsey,
Australia, The United States or Canada, any of their subordinate or
constituent jurisdictions, or in the jurisdiction in which you are located when
you use our Services, is prohibited; and you agree that you will not use our
Services to publish, promote, advertise, transmit or distribute such Content.
- You agree that you may not use our Service to post or publish any material
harmful to minors.
- Images depicting corpses, diseases, surgery, injury, or violence upon persons or
animals.
- Any attempt
to hack or otherwise obtain unauthorized access to any data on any of our
servers or the publication or distribution of any information that would
facilitate the hacking of any server.
- The posting
in any public area of MILF-DATE.COM of any program, algorithm, code, text,
or information whose export or public disclosure is regulated by the laws of
the United States.
- The posting
in any place of any information which may be used to unlawfully avoid taxes or
to conceal any crime.
- Any act that,
alone or in its context, would tend to injure or diminish the goodwill or good
reputation of MILF-DATE.COM or subject it to liability or embarrassment as
we may determine in our sole discretion, whether illegal or otherwise, without
restriction.
- You agree that you will not use any robot,
spider, other automatic device, or manual process to monitor or copy our web
pages or the Content contained herein without our prior express written
permission. You agree that you will not use any device, software or routine to
bypass or to interfere or attempt to interfere with the proper working of 'MILF-DATE.COM'.
- You agree that you will not
use our Services to upload, transmit, communicate, advertise, promote, display,
or publish any Content for which you do not possess all Publication Rights to
use the Content in the manner that you wish to use it. You also agree that you
will not use our Services to do any of those things unless you possess written
evidence that you possess Publication Rights to use the Content in the manner
that you wish to use it.
- "Publication Rights" includes
copyright unless the Content is in the public domain. You agree that you will
not use our Services in connection with any Content unless you own all
copyrights associated with such Content and unless you can prove that you own
all such copyrights through documentary evidence, or unless you have the
written permission of all copyright holders associated with the Content and signed
by such copyright holders to use the Content as you wish to use it, or unless
the Content is in the public domain and you possess written evidence that the Content
is in the public domain.
- "Publication Rights", in the case of
identifiable persons, identifiable private places, and/or trademarks depicted
in pictorial Content, also includes the permission of the persons depicted, the
owner of the places depicted, and the owner of any trademark depicted. You
agree that you will not use any pictorial or video Content in connection with
our Service unless you have secured and possess the signed, written permission
of all persons depicted in the Content or otherwise possessing any rights
associated with the Content which may relate to your use of the pictorial Content.
However, if you alone are depicted in pictorial Content which you alone have
created and which has not been sold, assigned, or licensed to any other person,
you do not need to possess written evidence that you have consented to the use
of Content depicting only you.
- Also, if you are the sole author and creator of any text or design element,
which you alone have created and which has not been sold, assigned, or licensed
to any other person, you do not need to possess written evidence of your
Publication Rights with respect to such text or design element.
- You agree that you will take down from our Service and stop using our Service
in connection with any Content when you learn that you no longer possess all
Publication Rights concerning any Content.
- You agree that you will not use the Service in
any manner that imposes an unreasonable or disproportionately large load on our
infrastructure or unreasonably burdens, limits, restricts, or interferes with
the use or enjoyment of the Service by any other person.
- You agree to read any Email sent to you by MILF-DATE.COM on a daily
basis and not to filter or otherwise defeat the transmission of Email we send.
- You agree that you incur liability under this Agreement for any
other person's use and/or disclosure of your username/password combination
caused by your intentional or negligent conduct.
- Without limiting any of the foregoing
provisions of Paragraphs g) or l), you agree that you will never use our
Services in connection with any Content describing or depicting any person
under the age of 18. Ever.
G. MILF-DATE.COM's Proprietary Rights; Copyright and Trademark
- You acknowledge and agree that all Content contained in MILF-DATE.COM, including
but not limited to the Content contained in postings, is protected under the
law of copyright, and is owned by or is licensed to MILF-DATE.COM, or its
Members, and such Content represents proprietary and valuable intellectual
property. You agree and warrant that you will not use the Content appearing in
MILF-DATE.COM in any public performance nor use, distribute, or republish
such Content in any manner inconsistent with the intellectual property rights
of the owner of the Content.
- You acknowledge and agree that
MILF-DATE.COM's page design and layout and logos and other graphics and
images are valuable intellectual property of MILF-DATE.COM and are protected
by copyright, trademark, service mark, patent, and other laws and rights
associated with the protection of intellectual property. You will not use any of
these items except as provided in this Section. Our protected intellectual
property as described herein, received through your use of the Service, may be
displayed, and used by you for your use only when you use it in connection with
the Service, provided that you must preserve any indicia of trademark or
service mark, copyright, or patent, and that you may make no alteration or
modification to the item of intellectual property.
- Digital Millennium Copyright Act. If
you believe that your work has been copied and posted on the MILF-DATE.COM
in a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the person
authorized 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 our site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the foregoing information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
MILF-DATE.COM's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
It is the intention of MILF-DATE.COM. to fully
comply with the DMCA, including the Notice and "take down" provisions
and to benefit from the safe harbors immunizing it from liability to the
fullest extent provided by law, and to the extent the Notice and "take
down" requirements above may deviate from the requirements under the DMCA
then the Notice requirements as provided by the DMCA shall control and are
herein incorporated by reference.
The provisions of this Section, among others in this
Agreement, survive the termination of this Agreement.
H. DISCLAIMER OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SERVICES PROVIDED ARE LIKELY TO BE
IMPERFECT. YOU AGREE TO ACCEPT THE SERVICES "AS IS" AND AS THEY ARE PROVIDED,
AT YOUR OWN EXCLUSIVE RISK, WHEN THEY ARE PROVIDED, AND TO THE EXTENT THAT THEY
ARE OFFERED OR FAIL TO BE OFFERED, SUBJECT TO EACH AND EVERY ISSUE, PROBLEM,
IMPERFECTION, DEFECT, IRREGULARITY, DISCONTINUITY, OR FAILURE THEY MAY POSSESS.
YOU AGREE YOU HAVE NO RECOURSE OR CLAIM ARISING FROM ANY OF THEIR QUALITIES,
PROPERTIES, DEFECTS AND/OR FAILURES.
MILF-DATE.COM
GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY, BOTH OF WHICH ARE EXPRESSLY DISCLAIMED, OTHER THAN THOSE WHICH ARE
IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW.
MILF-DATE.COM DOES
NOT GUARANTEE OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF ITS SERVICE AND
DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE. WITHOUT
LIMITATION OF THE FOREGOING, MILF-DATE.COM DISCLAIMS ANY WARRANTY OR GUARANTEE
THAT YOU WILL EVER ENCOUNTER ANOTHER ACTUAL HUMAN BEING THROUGH THE USE OF ITS
SERVICES.
IN CONNECTION WITH
THE DELIVERY OR USE OF THE SERVICE BY ANY PERSON, YOU WAIVE – AND WE
DISCLAIM – ANY LIABILITY FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION: DAMAGES FOR LOSS OF USE, DATA, GOODWILL, PROFITS, OR OTHER
INTANGIBLE LOSSES ARISING OUT OF THE USE OF, OR
INABILITY TO USE, MILF-DATE.COM OR THE CONTENTS OR SERVICES THEREOF, EVEN IF
MILF-DATE.COM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. SOME JURISDICTIONS DO NOT
PERMIT A DISCLAIMER OF CONSEQUENTIAL DAMAGES; YOU SHOULD CONSULT THE LAWS OF
THE RELEVANT JURISDICTION IN ORDER TO DETERMINE THE EFFICACY OF THE FOREGOING
DISCLAIMER OF CONSEQUENTIAL DAMAGES
MILF-DATE.COM OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. MILF-DATE.COM IS
NOT RESPONSIBLE TO YOU FOR ANY ERROR, DELAY IN TRANSMISSION OF CONTENT OR
MESSAGES, INTERRUPTION OF SERVICES, INABILITY TO ACCESS ITS SERVCES, OR PROGRAM
DOWNTIME BECAUSE OF TECHNICAL PROBLEMS, FAILURE OF THE INTERNET OR THE
WORLDWIDE WEB, PHONE LINES (OR ANY OTHER MEANS OF TRANSMISSION) OR ANY OTHER
REASON OF ANY KIND AT ALL, WHETHER LIKE THESE OR OTHERWISE. MILF-DATE.COM
EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE TERMINATION OF ITS SERVICES SHOULD IT
EVER DECIDE TO DO SO IN ITS OWN SOLE AND ABSOLUTE DISCRETION, WITH OR WITHOUT
NOTICE OF ANY KIND, WITH OR WITHOUT ANY REASON, AT ANY TIME.
MILF-DATE.COM DOES
NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR
SOFTWARE, (INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER
CONFIGURATION, COMPATIBLE CODEX OR CODICES, BROWSER SOFTWARE, OTHER SOFTWARE,
DIAL UP ACCOUNT, TCP/IP, WINSOCK (OR EQUIVALENT IN ANY OPERATING SYSTEM) OR
ONLINE SERVICE.
MILF-DATE.COM DOES NOT GUARANTEE THE SECURITY OF ANY INORMATION THAT
YOU PROVIDE IT, POST, COMMUNICATE, TRANSMIT, OR THAT YOU MAKE ACCESSIBLE IN
YOUR USE OF THE SERVICES IT PROVIDES. MILF-DATE.COM DOES NOT WARRANT
AGAINST THE LOSS, THEFT OR DELETION OF DATA, NOR ITS ACCURACY OR FREEDOM FROM
ERROR NOR OMMISSION OF ANY DATA OR SERVICE. MILF-DATE.COM IS NOT RESPONSIBLE
TO YOU FOR YOUR DATA OR ITS DISCLOSURE BY ANY PERSON WITHOUT YOUR AUTHORIZATION.
MILF-DATE.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON ITS SITE NOR
USED IN THE SERVICES PROVIDED.
YOU AGREE THAT YOU
RELY ON ANY INFORMATION AND USE ANY FEATURE CONTAINED IN THE SERVICES ONLY AT
YOUR OWN PERIL, AND YOU UNDERSTAND THAT ERRORS MAY REMAIN UNDETECTED OR
UNCORRECTED AT ANY TIME WHATSOEVER.
YOU UNDERSTAND THAT
FALSE AND/OR MISLEADING INFORMATION, INSULTING OR DEFAMATORY STATEMENTS,
UNAUTHORIZED IMAGES, AND OTHER DAMAGING INFORMATION OR FILES MAY BE POSTED BY
OTHER MEMBERS. MILF-DATE.COM EXPRESSLY DISCLAIMS ANY DUTY TO INVESTIGATE OR
MONITOR THE ACTIVITIES OF ITS MEMBERS OR THEIR CONTENT OR MESSAGES, TO TAKE
DOWN ANY TRUE OR FALSE STATEMENT OR ANY IMAGE, OTHER INFORMATION, OR FILE, OR
TO MONITOR, POLICE, OR RESOLVE ANY DISPUTES WHATSOEVER. YOU EXPRESSLY AGREE
THAT MILF-DATE.COM HAS NO DUTY TO YOU TO DO ANY OF THESE THINGS.
MILF-DATE.COM EXPRESSLY DISCLAIMS ALL RESPONSIBILITY WITH RESPECT TO THE CONDUCT
OF ANY MEMBER OF MILF-DATE.COM, ONLINE OR OFFLINE, TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY MILF-DATE.COM, ITS AGENTS OR EMPLOYEES SHALL
CREATE A WARRANTY NOR IN ANY OTHER WAY LIMIT THE PROVISIONS OF SECTION. NO TERM
OF THIS AGREEMENT MAY BE MODIFIED OR CHANGED EXCEPT IN A WRITING SIGNED BY US;
NO ORAL REPRESENTATION OR EXTRINSIC STATEMENT OF ANY REPRESENTATIVE OF
MILF-DATE.COM IS RELIED UPON BY YOU IN ENTERING INTO THIS AGREEMENT. THE
WARRANTIES ON THE PART OF MILF-DATE.COM CONTAINED IN THIS AGREEMENT ARE
GIVEN IN PLACE OF AND REPLACE, EXCLUDE, AND
EXTINGUISH ALL AND EVERY OTHER CONDITION OR WARRANTY WHATSOEVER ON THE PART OF
MILF-DATE.COM, WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED BY STATUTE,
REGULATION, DIRECTIVE OR ANY OTHER LEGISLATIVE OR ADMINISTRATIVE ENACTMENT,
COMMON LAW, TRADE USAGE, CUSTOM OR OTHERWISE TO THE FULL EXTENT PERMITTED BY
LAW.
YOU SOLEY AND
EXCLUSIVELY ASSUME ALL RISK AND ACCEPT ALL RESPONSIBILITY FOR YOUR OWN USE OF
OUR SERVICES. YOU ALSO ACCEPT SOLE AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF
OUR SERVICES AND/OR ANY MATERIALS OR CONTENT (INCLUDING PROGRAMMING, CODE,
SOFTWARE, ENCRYPTION, DATA OR OTHER INFORMATION TECHNOLOGY) OBTAINED FROM US OR
AVAILABLE WITHIN THE SERVICES WE PROVIDE TO ANY PERSON. IT IS NOT LIABLE TO YOU
FOR ANY VIRUS, TROJAN HORSE, WORM, OR OTHER MALICIOUS PROGRAM OR INSTRUCTION
THAT YOU MAY RECEIVE AS A RESULT OF YOUR MEMBERSHIP IN MILF-DATE.COM OR
OTHERWISE.
I. CAUTIONS ABOUT THE USE OF THIS SERVICE AND YOUR RELEASE OF LIABILITY
- You know and agree that (with the exception of banner ads, FAQ's and
instructions, and design elements), the postings contained on MILF-DATE.COM
and the Content they each display, were designed, written and posted, by
persons, like yourself, having no
collaborative relationship with us for the creation of any such Content. You
agree and understand that we have absolutely no control over the nature of
these postings or their Content because they are user-submitted and
automatically posted and transmitted by technical rather than human means. You
agree that MILF-DATE.COM has no duty to monitor any posts or instant chat or
otherwise to review the use or postings or communications of any Member,
notwithstanding any power we may have to do any of those things. We reserve the right to investigate
postings and conduct which may be in violation of this Agreement. You understand
and agree that there is no partnership, agency, or employment relationship
between us and you or any of the Members and that we do not regularly nor
routinely review, examine, censor, or monitor any of these postings nor exert
oversight of such a nature as would protect you from offense, harm, injury,
embarrassment, humiliation or other risk, and that by your participation in the
services provided by MILF-DATE.COM, you bear some risk that, due to the
conduct of other subscribers, you may be subjected the harm described here or
to other harm.. You are advised to use your own judgment to evaluate all
advertisements, solicitations, and other communications posted on
this site or promoting such a posting prior to taking any action or
transmitting any thing of value to any person in connection with them. You are
advised not to share personal information about yourself, your name, your
location or employment, your family, or your email address or telephone number
with strangers. Please use caution, common sense, and safety when using
our Services. You are solely responsible for your interactions with our other
Members.
- By using the Service to post
your images and personal profile, you invite and encourage attention by others,
and in fact you ask others to evaluate you. You understand that by doing so,
you may attract negative comments and evaluations and that you may attract
persons who react negatively to you and your appearance. These persons may
contact you through any of the means of contact that are possible –
inside or outside our Service. You understand that persons, including
strangers, may contact you for unlawful purposes and with intent to harm
you, to steal from you, to cheat you, to defraud you, or to make you sad in
these ways and others. You also understand that because the activity of Members
and others who use the Services are generally not monitored or intercepted by
us, that postings, ratings, and contact from any of these persons cannot and
will not be prevented by us. We cannot and will not protect you from predators.
You can't count on any safety net except your own prudence and common sense.
Please use that common sense, caution, and safety when using our Services. We
remind you that you are solely responsible for your interactions with our other
Members.
- You may find other users'
information or their communications to you to be offensive, harmful,
inaccurate, or deceptive. Because we are not generally involved in member
interactions, in the event that you have a dispute with one or more members or
those persons who have posted, viewed, or used information on the
MILF-DATE.COM you unconditionally release us and our owners, operators,
officers, directors, employees, agents, subsidiaries, successors, attorneys,
contractors, and assigns, from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with the operation of MILF-DATE.COM and any use or misuse of the Services we
provide by any other person whatsoever. Without limitation of the foregoing,
you acknowledge and agree that MILF-DATE.COM is not
responsible for or liable to you for any contact that you may receive as a
result of your use of our Services, whether such contact is from cyberspace, by
telephone, though e-mail, by snail mail, in person, or consisting of
advertising, spamming, solicitation, harassment, stalking, abuse, or
recruitment and any and all consequences ensuing from such contact, whether or
not you have notified us of any threat, risk, or actual harm.
- Without prejudice to or
limitation of any of the foregoing or any other term or provision of this
Agreement, you unconditionally release us and our owners, operators, officers,
directors, employees, agents, subsidiaries, successors, attorneys, contractors,
and assigns from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with the contents of any postings, ratings, evaluations, comments, and messages,
the deletion or modification of any posting, any use or misuse of any Content which
you may post or transmit, and access to your profile or its Content by any
person whatsoever, whether or not you have notified
us of any threat, risk, or actual harm.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR."; THIS NOTICE IS GIVEN WITH RESPECT TO EACH
RELEASE CONTAINED WITHIN THIS AGREEMENT, WHICH CONTAINS SEVERAL RELEASES.
- THIS SITE USES FANTASY PROFILES CALLED "ONLINE FLIRT®". In order to enhance your
amusement experience, to stimulate you and others to use our Services more
extensively, and to generally sprinkle some sparkle and excitement into the Services
of MILF-DATE.COM, we may post fictitious profiles, generate or respond to
communications by means of automated programs or scripts that simulate or
attempt to simulate your intercommunication with another real human being
(though none really exists and any dialog is generated by programming), and we
may employ or contract for the paid services of real persons who may interact
with you as part of their compensated employment. While these communications
may seem genuine, authentic, and personal, they may be broadcast simultaneously
to a large number of persons and possess none of these qualities. While their
contents may appear to be true, they may be quite false; while their contents
may appear to sincere, they may be quite disingenuous. Sometimes, we may use
these techniques or others like them for other business purposes, too,
including, but not limited to those cases in which we monitor and/or
investigate into operations, including but not limited to allegations that you
or others have violated this Agreement.
- Without prejudice to or
limitation of any of the foregoing or any other term or provision of this
Agreement, you hereby unconditionally release us and our owners, operators,
officers, directors, employees, agents, subsidiaries, successors, attorneys,
contractors, and assigns, and all other persons from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, incurred and alleged to be
incurred, by any of them in connection with any
- false, misleading, or deceptive statement contained in any personal profile, post,
rating, evaluation, comment, instant chat, email, or communication through the
use of our Services, whether originated by us, another Member, any user of our
Services, or any other person, and
- false, misleading, or deceptive appearance, suggestion or implication of the
authorship, origin, sincerity, motivation or intent of any personal profile,
post, rating, evaluation, comment, instant chat, email, or communication
published or transmitted through the use of our Services, whether actually
originated by us, another Member, any user of our Services, or any other
person.
- You agree that all of the
provisions of this Section survive the termination of this Agreement for any
reason.
J. ABUSE AND PROPER USE OF THE SERVICES
- You are responsible to know and control the Content of your postings.
You alone are legally responsible for your Content. You acknowledge and agree
that MILF-DATE.COM will not actively or regularly control, supervise,
monitor or censor the Content of your postings, although it reserves the right
to do at its option. We need not control public access to your postings, by age
or otherwise.
- We reserve the right to investigate into claims of misconduct
or the violation of this Agreement and to delete postings or any part of them
in the exercise of our sole discretion. You understand that the number, variety
of such postings, and the Content of any of them will
not remain fixed, but that over time, additions and eliminations of such
postings will take place and that the Content found on any of the respective
postings will change both by addition and elimination. You agree to promptly
and diligently co-operate in good faith with all requests made by us to
investigate any violation or allegations of violation of any of the terms
contained in this Agreement and/or to verify your compliance with this
Agreement; you agree to provide us with such documents, records and statements
as we may reasonably request,
including but not limited to your recorded or transcribed statements under
oath, and to execute such consent forms as may be necessary or convenient for
us to obtain documents, records, and statements not in your actual possession.
You understand that we reserve the right to proceed against you for damages,
injunction, or other relief should you violate the terms of this Agreement and
we may, in our sole discretion, terminate your membership for such a violation
and/or report your identity to any law enforcement agency, other agency of
government, school, or any other person at all, without prejudice to our
broader rights of disclosure under Part D. and/or any other part of this
Agreement. You understand that, should we delete a post or any part of it, the
deletion may result in the permanent destruction of the material deleted. As
otherwise required in this Agreement, you should back up locally all of the
Content contained in your posts. These provisions survive the termination of
this Agreement for any reason.
K. INDEMNIFICATION AND DEFENSE
- You agree to indemnify, defend and hold us (and any and all
of our owners, operators, employees, contractors, agents and attorneys) harmless
from any and all cost, expense or liability (including but not limited to any
fine, award or judgment or settlement) arising or deriving from any
prosecution, claim, civil litigation, administrative action, arbitration,
mediation or litigation of any character whatsoever arising in any manner
whatsoever from your access to MILF-DATE.COM, your use of any password or
username assigned to you by us, your conduct and contact with any Member or any
other person whatsoever, your use of any Content posted to or downloaded from
MILF-DATE.COM, and your use of any Services provided by MILF-DATE.COM,
that MILF-DATE.COM and/or its owners, officers, employees, agents, and
attorneys may incur as a result of your use of any of the Services offered by
us or otherwise.
- Your duty to defend persons
under this Agreement includes the duty to reimburse the attorneys' fees, legal
expense, fees, and other reasonable costs of defense though counsel of our own
selection and we alone shall have the right to control our defense, even if our
defense directly conflicts with your interests.
- You agree that should you
receive any information concerning any claim or lawsuit or the threat of
either, against us or against you, on account of your use of our Services, you
shall immediately inform us with all details known to you by means of the most
rapid and sure means available to you. You shall not use email as the exclusive
means of so informing us, but if you use it as a supplementary form of
communicating this to us, you shall transmit it to
legal@milf-date.com,
using the header: "NOTICE OF CLAIM AGAINST MILF-DATE.COM".
- The provisions of this Section, among others in this Agreement,
survive the termination of this Agreement.
L. Termination and Cancellation of the Services and Membership Subscription
- When your use of the Service seems to violate
Agreement, we may, but do not have to, advise you of your obligations under
this Agreement, and we may take any action provided for in this Agreement.
- Should you violate any of the terms of this
Agreement, or should we have a reasonable suspicion that you have done so, we
may, in our absolute discretion, cancel your registration, bar future
registration, terminate any profile, username or password, permanently delete
all or any part of your Content, and/or take any other action we deem fair or
sensible in our sole and absolute discretion, at any time, for any reason or no
reason, with or without notice. This provision is not meant to limit or
restrict the absolute right of MILF-DATE.COM under Sections B. 2. and L. 3.
of this Agreement (and elsewhere) to terminate this Agreement for any reason or
no reason, at any time, with or without notice.
- Membership in MILF-DATE.COM may be terminated by you at any
time, with or without any cause. You may terminate your account at
this link.
Your access to MILF-DATE.COM, your account, and/or your username and password
combination may also be terminated by MILF-DATE.COM at any time, with or
without cause and with or without prior notice and we may delete all of your
data on our servers when we do so, with or without prior notice.
- You may cancel your Membership subscription at any time
prior to the end of any recurring billing date; cancellation will be effective
to preclude rebilling on the next billing date as long as notice is given at
least 24 hours prior to the end of the date set for recurring billing and your
use of our Services will end at midnight on the date scheduled for recurring
billing. If we terminate your Membership because you breached this Agreement,
your payment for the balance of your present Membership period is automatically
and immediately forfeited as liquidated damages for your breach, the parties agreeing
that the economic measure of your potential breaches of this Agreement are, at
present, speculative, and are likely to be difficult to compute with any
precision should they accrue to us. You agree that should we terminate all of
our Services or your Membership subscription without cause, we may compensate
you for the value of your remaining Membership Subscription Period in any
reasonable fashion, including, but not limited to your access to another
website of reasonably comparable value for the duration which remains in the
current Membership Subscription Period. You agree that the value of such access
will be the sole and exclusive compensation to which you will be entitled in
the event that your access is terminated without cause before your Membership
Subscription Period ends.
- You agree that MILF-DATE.COM shall not be
liable to you or any third party for any damages arising out of its termination
or suspension of your access to the Service or modification of the Service or
its termination of the Service or any part of it, including but not limited to
the loss of your data. You agree that, given the uncertain and speculative
nature of any economic damages that may ensue at an unknown time in the future,
should the preceding sentence be determined by competent authority to be
invalid, and should you possess a valid legal claim against us, the sole and
exclusive compensation to which you will be entitled is the cost of one month's
Membership Subscription as set on the Upgrade Page in the category of
Membership in which your Membership Subscription was last paid.
M. Entire Agreement
- You acknowledge, represent and warrant that you have read these
terms and conditions and agree to be bound by them (as they may be modified in
accordance with the terms of this Agreement) as part of and in consideration of
your MILF-DATE.COM membership.
- In the event that any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision(s) had never been included.
- The headings set out before the various paragraphs of this
Agreement are set out for convenience only and it is agreed that they do not
limit the meaning or extent of any language found in such paragraphs. You agree
that this Agreement fully and completely integrates and incorporates and
recites every agreement between you and MILF-DATE.COM, subject to the
provisions of this Agreement providing for change, and you agree that all prior
discussions, agreements, or negotiations between the parties are either
rescinded by mutual agreement or have been integrated into this Agreement, and
that none any longer survives as a matter that is enforceable unless it has
been expressly set forth in this Agreement.
N. Governing Law
Choice of Law, Arbitration, Exclusive Jurisdiction. You further acknowledge and
agree, by applying for membership to MILF-DATE.COM, that these terms and
conditions shall be construed under and pursuant to the laws of Guernsey (excepting and disregarding only its laws,
decisions, and rules of law concerning choice of law). Except as may otherwise
be specifically provided otherwise herein, any and all disputes arising
out of or related to this Agreement and/or your relationship with MILF-DATE.COM
and/or your use of this site shall be exclusively submitted to binding
arbitration according to the rules for commercial arbitration of the American
Arbitration Association. The parties to the arbitration shall evenly divide any
and all costs of the arbitration. Neither party shall be entitled to attorney
fees except as otherwise expressly provided in this Agreement. The arbitration
shall take place exclusively in Guernsey. Should it be impractical or impossible to
obtain arbitration under the auspices of the American Arbitration Association
in the place set forth herein each party shall select one arbitrator residing
within Guernsey, the arbitrators shall one
independent arbitrator, and arbitration shall proceed under to conduct
arbitration in accordance with the American Arbitration Association's rules as
set forth herein and the decision of such arbitrators shall have the same
effect as though rendered by a panel of the American Arbitration Association. Judgment
on the award rendered by the arbitrators may be entered in the courts
of the Guernsey.
To the extent that the terms of the foregoing arbitration provisions do not apply
for any reason, you agree to the personal jurisdiction of the courts of
Guernsey and
that, should the arbitration clause of this Agreement not control for any
reason, the sole and exclusive jurisdiction and venue for any action to
enforce, interpret or otherwise deal with the terms of this Agreement or
arising in any way out of the rights, duties, and obligations of this
Agreement, or concerning MILF-DATE.COM or its services or concerning any
rights or causes of action of any sort or kind arising or claimed by anyone to
arise from your relationship with MILF-DATE.COM, or any dealings or acts by you or
MILF-DATE.COM in connection or relation to one another, regardless of
whether others may be also involved, shall be in the of
Guernsey.
O. EXECUTION
You agree by creating an account on MILF-DATE.COM, you intend that act to have effect as your signature and
to bind you by that digital signature for all purposes in law as though you had
manually signed your signature to the Agreement on paper with ink. You intend,
by so clicking, that each of the representations contained in this Agreement
and made to us are made by you under oath and under the penalty provided in law
for perjury and/or false swearing. You know and acknowledge that such an act
creates a contract, the violation of which imposes a financial liability upon
you. You also know that in accepting this Agreement, you make a sworn
statement, the knowing untruthfulness of which may result in the imposition of
a criminal penalty upon you. Similarly, you agree that by each subsequent
access you may have to the Service provided by MILF-DATE.COM, including,
without limitation, your use of a username/password assigned by it to you, your
use of any email or instant chat service provided by it to you, and your
posting of any photograph or data to MILF-DATE.COM, you intend that act also
amount to your digital signature and to have the same effects and consequences
as your click below in acceptance of this Agreement, as it then exists.
P. REMOVAL INSTRUCTIONS
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