Welcome to YourSite.com, the service for adults to meet each other online operated
by YourSite.com, L.P. ("YourSite.com"). By using the YourSite.com Website (the
"Website") you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member ("Member"). If you wish to become
a Member and communicate with other Members and make use of the YourSite.com service
(the "Service"), read these Terms of Use and indicate your acceptance
of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website
and your membership in the Service and may be modified by YourSite.com from time
to time, such modifications to be effective upon posting by YourSite.com on the
Website. This Agreement includes YourSite.com's Acceptable Use Policy for Content
Posted on the Website, YourSite.com's Privacy Policy, and any notices regarding
the Website. You may also receive a copy of this Agreement by emailing us at:
customercare@YourSite.com, Subject: Terms of Use Agreement.
1. Eligibility. You must be eighteen or over to register as a member of YourSite.com
or use the Website. Membership in the Service is void where prohibited. By using
the Website, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the terms and conditions
of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership at any time,
for any reason by following the instructions on the Resign pages in Account
Settings, or upon receipt by YourSite.com of your written or email notice of termination.
YourSite.com may terminate your membership for any reason, effective upon sending
notice to you at the email address you provide in your application for membership,
or such other email address as you may later provide to YourSite.com. If YourSite.com
terminates your membership in the Service because you have breached the Agreement,
you will not be entitled to any refund of unused subscription fees. Even after
membership is terminated, this Agreement will remain in effect. Even after this
Agreement is terminated, certain provisions will remain in effect, including
sections 4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Website is for the personal use of individual
Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should
not use the Service or the Website for any purpose. Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or email addresses of
members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of or linking to the Website will be investigated,
and appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
4. Proprietary Rights in Content on YourSite.com. YourSite.com owns and retains all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of YourSite.com,
and its licensors. Except for that information which is in the public domain
or for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on the Site.
a.
You understand and agree that YourSite.com may review and delete any content, messages,
YourSite.com Messenger messages, photos or profiles (collectively, "Content")
that in the sole judgment of YourSite.com violate this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten the
safety of Members.
b.
You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
c.
By posting Content to any public area of YourSite.com, you automatically grant,
and you represent and warrant that you have the right to grant, to YourSite.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and content,
and to grant and authorize sublicenses of the foregoing.
d.
The following is a partial list of the kind of Content that is illegal or prohibited
on the Website. YourSite.com reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
Service and terminating the membership of such violators. It includes Content
that:
is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses;
solicits passwords or personal identifying information for commercial or unlawful
purposes from other users; and
engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e.
You must use the Service in a manner consistent with any and all applicable
laws and regulations.
f.
You may not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
g.
You may not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service. You may not transmit any
chain letters or junk email to other Members. Although YourSite.com cannot monitor
the conduct of its Members off the Website, it is also a violation of these
rules to use any information obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit, or sell
to any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, YourSite.com reserves the right
to restrict the number of emails which a Member may send to other Members in
any 24-hour period to a number which YourSite.com deems appropriate in its sole
discretion.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or physical signature
of the person 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 Website;
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 above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
7. Subscription. If you sign up for multiple subscriptions to YourSite.com, you
will be limited to only one instance of YourSite.com Messenger, regardless of the
number of subscribing accounts you may have with us.
8. Member Disputes. You are solely responsible for your interactions with other
YourSite.com Members. YourSite.com, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
9. Privacy. Use of the Website and/or the Service is also governed by our Terms
Of Use.
10. Disclaimers. YourSite.com is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether caused
by users of the Website, Members or by any of the equipment or programming associated
with or utilized in the Service. YourSite.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
YourSite.com assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, user or Member communications.
YourSite.com is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical problems
or traffic congestion on the Internet or at any Website or combination thereof,
including injury or damage to users and/or Members or to any other person's
computer related to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the Service. Under no circumstances
will YourSite.com be responsible for any loss or damage, including personal injury
or death, resulting from anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or any interactions between
users of the Website, whether online or offline. The Website and the Service
are provided "AS-IS" and YourSite.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. YourSite.com cannot guarantee
and does not promise any specific results from use of the Website and/or the
Service.
11. Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will YourSite.com be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web site or
the Service, even if YourSite.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, YourSite.com’s
liability to you for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any, by you to YourSite.com
for the Service during the term of membership.
12. U.S. Export Controls. Software from this Website (the “Software”)
is further subject to United States export controls. No Software may be downloaded
from the Website or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
13. Disputes. If there is any dispute about or involving the Website and/or
the Service, by using the Website, you agree that the dispute will be governed
by the laws of the State of California without regard to its conflict of law
provisions. You agree to personal jurisdiction by and venue in the state and
federal courts of the State of California, City of Los Angeles.
14. Indemnity. You agree to indemnify and hold YourSite.com, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service in
violation of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth above.
15. Other. This Agreement, accepted upon use of the Website and further affirmed
by becoming a Member of the Service, contains the entire agreement between you
and YourSite.com regarding the use of the Website and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
Please contact us with any questions regarding this agreement. YourSite.com
is a trademark of YourSite.com.
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