TERMS OF SERVICE (TOS) for Sybaris Singles - totally FREE online dating site
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The online dating services ("Services") provided by
Sybaris Singles, LLC (“Us”), constitute an internet based social networking
environment offering an opportunity for adults to meet one another.
These Terms of Service (“TOS”) form a legal agreement
("Agreement") between you, the user (“User”) of the Services and Us.
This Agreement, as it may be amended from time to time, applies to all users of
any Sybaris Singles, LLC web site (the "Web sites"). You
also agree to periodically review, and comply with, any future modifications to
Our Privacy Policies, and the following Terms of Service (TOS), which may be
amended from time-to-time. If at any time you do not agree with Our Terms of
Service (TOS) or other policies, you should immediately stop using our Service,
and delete all personal online content from our web site.
You may not register for, or use, the Service if you are under the
age of 18, or unable to enter legally binding contracts, or if your membership
has previously been suspended by Us. Carefully read this entire Agreement
before registering for the Service. By registering for the Service, You become
a member (a "Member") of this online dating web site, and You agree
to be bound by the Terms of Service (TOS) of this Agreement for as long as You
continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE (TOS) OF
THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS OF SERVICE (TOS) OF
THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE
TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following terms have the following meanings
unless the context requires otherwise:
"Agreement" refers to the agreement between You and Us incorporating
these Terms of Service (TOS) for the provision of the Service, as amended from
time to time in the manner set forth herein;
"We, Us, Our" refers to Sybaris Singles, LLC® and our various business operations
and/or service offerings;
"You, Your, Yourself" refers to the person who registers for the Service, accepts
the Terms of Service (TOS) of this Agreement and whose request for membership
of the Service is accepted by Us.
ELIGIBILITY: MINORS (People Under the Age of 18) MAY NOT BECOME
MEMBERS. By attempting to
register, You represent and warrant that You are at least 18 years old. Upon first accessing, or using, any Member capability of the Service, You represent
and warrant that You have legal authority and capacity to enter into this
Agreement and to abide by its Terms of Service (TOS). Your membership in Our
Service is for Your sole, personal use. You may not allow, or authorize, any
other party to use Your membership, nor may You assign, or otherwise transfer,
Your membership to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Membership in the Service is FREE, however to use the features of the Service, You must first register to become a Subscriber. Should
You elect to register, You are agreeing to provide complete and accurate
information about Yourself as requested on the Profile Registration form, and
to periodically update this information to keep it current and complete. You
are representing and warranting that We may rely on Your registration details
as accurate, current and complete. You further agree that if We, in our sole
opinion, determine that any of the information or data which you provided
(including photographs or other digital media which you upload to our web site)
are materially false, objectionable, obscene, or offensive in any respect, We
may immediately terminate this Agreement and Your use of the Service without
notice. Specifically, you are hereby notified that any online
display of nudity, obscenity, vulgarity, bigotry; and/or any online behavior
which is deemed annoying, threatening, or otherwise offensive will cause
immediate cancellation of Your Membership and permanent banishment from this
web site. We encourage Members to IMMEDIATELY report any instances of offensive
actions or behaviors, and /or all other violations of our Terms of Service
(TOS) by using the “Report Member” options found on our web site.
While we strongly encourage accuracy for all information provided
by Members, WE DO NOT VERIFY INFORMATION PRESENTED IN PROFILES. WE HAVE NO
CONTROL OVER, ARE NOT RESPONSIBLE FOR, AND DO NOT GUARANTEE, THE TRUTH,
ACCURACY, OR COMPLETENESS OF ANY MEMBER INFORMATION AVAILABLE ON OUR WEB SITE.
WE URGE THAT MEMBERS ALWAYS EXERCISE THE SAME DEGREE OF CAUTION REGARDING
PERSONAL SAFETY AS THEY WOULD EXERCISE IN ANY OTHER CIRCUMSTANCE OF
COMMUNICATING WITH, OR MEETING, AND UNKNOWN STRANGER. SYBARIS SINGLES, LLC IS
NOT RESPONSIBLE IN ANY WAY FOR THE PERSONAL SAFETY OF ANY MEMBER.
While the Service is completely FREE at present, we reserve Our
right, in the future, to implement charges for using certain features of the
Service. However, in the event that such fee structure is created, current
Members will NOT be retroactively-impacted by such fees. Nor will any Member be
charged for future billable Services without their express consent.
TERM AND TERMINATION: This Agreement remains in effect between the parties, and will
continue in full force, for as long as You are a Member and/or use Our
services. You may, at any time, terminate your membership via Our web site or
by sending written (or email) notice to us, or by removing your profile from
our web site. We reserve the right to terminate your membership by
removing your profile, or invalidating your Screen Name, at any time, without
notice, if We determine, in our sole discretion, that You have violated this
Agreement. In no event, will Sybaris Singles, LLC be liable for any damages
resulting from such termination. We may continue to bar You from accessing the
Service in the future. In the event of termination by either party, for any
reason, this Agreement will remain in effect.
OUR PROPRIETARY RIGHTS: You represent and warrant to Us that all information posted in
Your profile, including photograph(s) and/or any additional digital media, has
been posted solely under your control, and that You are the exclusive author,
or owner, of all material in Your profile and the exclusive owner of all of
Your photographs and/or other digital media. By uploading such information or material
to our web site, you are agreeing to assign to Us, with full title guarantee,
all copyright for information contained in Your online profile, Your
photographs posted, and/or any additional information or digital media sent to
Us at any time in connection with Your use of Our Service. You further agree to
waive all rights requiring that We identify You as author, or owner, of any
intellectual material, appearing on Our web site in conjunction with Your
profile, Your photograph(s), and/or any additional digital media which you have
uploaded to our web site; including any similar rights in any jurisdiction in
the world. By posting information, photographs or any other form of digital
content, You automatically grant, and You represent and warrant that You have
the right to grant, to Us, free of charge, an irrevocable, perpetual,
non-exclusive, royalty-free, fully-paid, worldwide license to use, copy,
display, publish, or transmit, such information, content and photographs and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sub-licenses of the foregoing.
Furthermore, you expressly agree that all material, other than material You
have posted on Our web site, may contain copyrighted information, which has
copyright protection, whether or not it is identified as copyrighted. Except
for that information which is in the public domain or for which You have been
given express written permission, You will not copy, sell, distribute, display,
publish, transmit, modify, any such proprietary information.
RULES OF CONDUCT AND RESTRICTIONS GOVERNING MEMBER’S USE OF OUR
SERVICE: By registering,
You are expressly agreeing to all rules, restrictions, and Terms of Service
(TOS) governing Your Membership. VIOLATION OF ANY OF THE FOLLOWING RULES SHALL
RESULT IN CANCELLATION OF MEMBERSHIP AND PERMANENT BANISHMENT FROM OUR WEB
SITE(S):
We reserve the right, without obligation, to delete any profile
entries (or entire profiles), online postings, digital images, or any other
form of electronic media not in compliance with the terms stated in this
document.
CONSENT TO ACCEPT EMAIL AND OTHER ELECTRONIC MESSAGES FROM US: By accepting these Terms of Service (TOS),
You are expressly authorizing SybarisSingles.com, without obligation upon Us to
do so, to send You specific email notifications and communications either from
Us, or from other Members, including, without limitation: “you have new mail”
notifications, “new friend request” notifications, “new favorites”
notifications, or other similar notification emails; subject to the frequency
limits and controls that you may specify within Your Member Settings. We may
also, from time to time, send you emails about events, activities, or parties
that We may organize in your area; and email messages informing You of
significant changes to Our Service or to our Terms of Service (TOS). Such
emails are provided as part Our Service to You for as long as you are Our
member. IF YOU DO NOT CONSENT TO RECEIVING SUCH EMAIL
COMMUNICATIONS, YOU SHOULD NOT REGISTER FOR THIS SERVICE.
By accepting Our Terms of Service (TOS), You are agreeing that
Sybaris Singles, LLC assumes NO liability for any deletion, loss,
data-corruption or other failure involving any messages, posted information,
pictures or other electronic media, or any other content submitted to,
maintained by, or transmitted via Our Service. System features and functionality
including look and feel, user interface, mode of operation, variable settings,
parameters or other services We provide may change at any time, with or without
notice. SybarisSingles.com reserves the right, at any time in its sole
discretion, to block users at certain IP addresses from accessing Our web site,
if we believe that doing so is in the best interest of protecting the safety,
privacy, or other best interests of our Members. We also reserve the right to
inactivate, terminate, delete, or purge any inactive Member account.
"Inactive" means that a Member has not accessed Our Service for an
elapsed time of at least 12 months, as determined by Sybaris Singles, LLC, in
its sole discretion.
Beyond agreeing to the specific Rules of Conduct, stated above, Your
acceptance of our Terms of Service (TOS) indicate that you are expressly
agreeing to these additional rules governing Your use of Our Service under this
Agreement:
Any violations of Our legal and/or intellectual property rights
shall be defended against to the highest extent allowed by law.
AGREEMENT TO INDEMNIFY: By accepting Our Terms of Service (TOS), You agree to
defend, indemnify and hold Sybaris Singles, LLC, (d/b/a/ SybarisSingles.com),
including its subsidiaries, affiliates, officers, directors, agents, and other
partners and employees, harmless from any costs, expenses, 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 including: (a)
Any of Your actions or activities in conjunction with Our
Service; (b) Any allegation that materials which You have uploaded
or submitted to Our web site, or conveyed to any other party via our Service,
violate or in any way infringe upon a copyright, trademark, or intellectual
property rights of any other party; (c) Any other breach, on your
part, of this Agreement. This indemnity shall be applicable without regard to
the negligence of any party, including any indemnified person.
FULL RELEASE: If
You become involved in any dispute with one or more of Our Members, you are
agreeing, by your acceptance of our Terms of Service (TOS) to fully release Us
(and our officers, directors, agents, subsidiaries, joint ventures and
employees) from any claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way
connected with such dispute.
ACCURACY OF CONTENT: BE AWARE: WE DO NOT SCREEN THE TRUTHFULNESS OR ACCURACY OF
ANY INFORMATION POSTED IN MEMBER PROFILES, OR OTHER INFORMATION POSTED,
PROVIDED, OR CONVEYED BY OUR MEMBERS. Any Member information
(including, but not limited to, all “Online Profile Information”); plus any
other third-party information, or content, available on, or conveyed to You in
conjunction with your Membership in our Service or use of our web site, are
those of their respective authors, and should not necessarily be relied upon.
The individual authors of such information, or content, are solely responsible
for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE
RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR
OTHER CONTENT POSTED ON OUR WEB SITE OR TRANSMITTED, IN ANY WAY OR FORM, TO
MEMBERS.
WE RESERVE THE RIGHT, WITHOUT OBLIGATION, TO MONITOR ANY MATERIALS
POSTED ON OUR WEB SITE. WE SHALL HAVE THE RIGHT TO REMOVE ANY MATERIAL THAT, IN
OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, ANY INTERNATIONAL,
FEDERAL, STATE, OR LOCAL LAWS, OR VIOLATES THE TERMS OF THIS, TOS, AGREEMENT.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
ANY MATERIAL YOU POST EITHER ON OUR WEB SITE, OR IN YOUR PRIVATE ELECTRONIC
MESSAGES (INCLUDING EMAIL, INSTANT MESSAGES, CHAT MESSAGES, OR ANY OTHER FORM
OF COMMUNICATION IN CONJUNCTION WITH YOUR USE OF OUR SERVICE.) ANY
FORM OF INTERNAL MESSAGING ON OUR WEB SITE, (INCLUDING MEMBER EMAIL, INSTANT
MESSAGES, CHAT MESSAGES, OR ANY OTHER FORM OF COMMUNICATION SENT BETWEEN YOU
AND OTHER MEMBERS) THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE
REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, HOWEVER, ALL SUCH MESSAGES
WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
YOU ARE CONSENTING TO RELEASE THE PERSONAL INFORMATION WHICH
APPEARS IN YOUR ONLINE PUBLIC MEMBER PROFILE: By accepting these Terms of Service, and by creating your
public profile on our web site, you are agreeing to release specific personal
information (including sensitive personal information) that You provide while
creating your “online profile.” You expressly consent to allow
public access to Your “Member Profile “information. DO NOT SUBMIT ANY
INFORMATION IN BUILDING YOUR PROFILE WHICH YOU DO NOT AGREE TO MAKE PUBLICALLY
AVAILABLE. PLEASE DO NOT REGISTER FOR OUR SERVICE IF YOU DO NOT
AGREE WITH THESE CONDITIONS.
IMPORTANT DISCLAIMERS: Sybaris Singles, LLC
is not responsible for any incorrect or inaccurate Content posted on Our web
site, or received by You in connection with the Service, whether caused by
users of the Website, Members of the Service, or by any of equipment or
programming associated with or utilized in the Service.
SYBARIS SINGLES, LLC EXPRESSLY DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM ANYONE’S USE OF OUR WEB SITE OR SERVICE, ANY CONTENT
POSTED ONLINE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY OTHER INTEREACTIONS
BETWEEN USERS OR MEMBERS OF THE SERVICE, WHETHER ONLINE OR
OFFLINE. WHENEVER COMMUNICATING, OR INTERACTING, WITH A PERSON OR
ENTITY THAT YOU COME INTO CONTACT WITH THROUGH YOUR USE OF OUR SERVICE, ALWAYS
USE THE SAME DEGREE OF CAUTION AND PRUDENCE REGARDING YOUR PERSONAL SAFETY AND
SECURITY, AND THE SECURITY OF YOUR PERSONAL AND FINANCIAL INFORMATION
(INCLUDING PROTECTION OF YOUR PERSONAL IDENTITY) AS WOULD BE REQUIRED, AND
CONSIDERED PRUDENT, IN ANY CONTACT OR INTERACTION WITH A COMPLETELY UNKNOWN
PERSON OR ENTITY.
We assume 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. We are not responsible for any
technical problems or malfunction in any telephone networks, internet
providers, computer equipment, software, or at any web site(s), including injury
or damage to computer equipment belonging to users or Members which results
from accessing or downloading material in connection with the
SybarisSingles.com Service.
Any advice that may be posted, or found, on
the web site is solely for informational and entertainment purposes and is not
intended to replace or substitute for any professional medical, legal,
financial or other advice. We make NO representations or warranties and
expressly disclaim any and all liability concerning any suggested or implied treatments,
actions by, or effects upon, anyone following information found within or
through Our web site. If you have specific concerns, or a situation exists,
which requires professional or medical advice, you should consult with an
appropriately trained and qualified specialist.
SYBARISSINGLES.COM IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE PROVIDE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, WE DISCLAIM LIABILITY FOR, AND DO NOT PROVIDE ANY WARRANTY REGARDING,
UNAVAILABILITY OF OUR WEB SITE, INTERRUPTED USE OF OUR SERVICE, ANY ERRORS
WHICH ARE FOUND OR WHICH EXIST IN THE SERVICE, SECURITY OF INFORMATION YOU
UPLOAD OR CREATE ON THE SERVICE, AND SECURITY OF YOUR ACCESS TO THE SERVICE. WE
FURTHER DISCLAIM THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY
DEFECTS THAT EXIST WITHIN OUR SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY
FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, INTERNET CONNECTIVITY AND SERVICE
AVAILABILITY.
In order to join
SybarisSingles.com and gain access to our web site, each member must certify
that they have read, and fully agree with, Our Terms of Service (TOS),
including the minimum age requirement for membership. However, We
rely upon the representations of Our members that they meet this minimum age
requirement, and We cannot guarantee that every member is at least the required
minimum age of 18 years or older. We disclaim all responsibility or liability
for any content, communication or other use or access of Our web site by
persons under the age of 18 in violation of this Agreement.
The possibility exists that other
members or users of our web site (including unauthorized users) may post or transmit
material which is offensive or obscene, and that You could be involuntarily
exposed to such offensive or obscene material. It is also possible
that others may misuse personal information that You posted in conjunction with
Your use of the Service. This may include use Your information for purposes
other than what You intended. We expressly deny any responsibility for the use,
or misuse, of any personal information that You disclose on the web site. YOU
SHOULD BE VERY PRUDENT IN CHOOSING WHAT INFORMATION YOU PUBLICALLY DISCLOSE BY
POSTING OR RELEASING TO OTHERS VIA OUR SERVICE. WE DISCLAIM ALL
LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER
MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS
OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO
EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PROGRAMS, COST
OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US FOR THE SERVICE
DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND
CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. WE
WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR
EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT
LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS
WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE
SERVICE.
DISPUTE RESOLUTION: This
Agreement is governed by the laws of the State of Florida. If there is any
dispute arising out of Your use of our Service, you expressly agree that any
such dispute shall be governed by the laws of the State of Florida, without
regard to its conflict of law provisions, and You expressly agree to personal
jurisdiction by and exclusive venue in the state and federal courts of the
State of Florida, in the County of Palm Beach, with regard to any and all
claims by you arising out of or related Your use of this Service. This
Agreement shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is hereby
expressly excluded.
NO THIRD PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
SEVERABILITY OF TERMS: This
Agreement contains the entire agreement between You and Us. Our failure to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be void, invalid or
unenforceable, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision. In such
case, the remainder of this Agreement shall remain in full force and
effect.
BY REGISTERING FOR OUR SERVICE,
YOU CERTIFY THAT YOU HAVE READ, AND UNDERSTAND, THIS COMPLETE AGREEMENT AND
THAT YOU AGREE TO BE BOUND BY OUR TERMS OF SERVICE (TOS) IN THIS AGREEMENT. YOU
FURTHER CERTIFY THAT YOU HAVE READ AND UNDERSTAND, AND ARE IN AGREEMENT WITH,
OUR PRIVACY POLICY.
Please contact us with any
questions concerning this Agreement. SybarisSingles.com is a trademark of
Sybaris Singles, LLC. |