YourTimeSingles.com MEMBER TERMS AND CONDITIONS
TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE OF WEB SITE AND PARTICIPATION IN YTS EVENTS
Effective Date: January 30, 2008
1. LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION
In order to use the YTS Holdings, Inc. d/b/a YourTimeSingles.com (“YTS”) web site and/or participate in YTS events, you must register and agree to be bound by these Terms of Conditions of Use ("This Agreement"). As part of your registration, you must confirm that you have read This Agreement and follow the instructions for registration. This Agreement sets out the legally binding terms for your use of the web site and participation in all YTS events. This Agreement may be modified by YTS, the owner of the web site and the provider of the YTS events, from time to time. We therefore recommend that you read all newsletters and check the YTS website often in order to keep up to date with any changes in this Agreement and participation in YTS events.
2. ELIGIBILITY
You must be at least twenty-one (21) years old to register for YTS events and eighteen (18) years old to use the YTS web site. Participation in YTS events and use of the web site is void where prohibited. By using this web site and/or participating in YTS events, 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.
3. TERM
This Agreement will remain in full force and effect while you use the YTS web site and/or participate in any YTS events. You may terminate your participation at any time, for any reason by sending a written notice of termination to YTS by email. YTS may terminate your access to the web site and/or your participation in any YTS events, without notification, if you have breached this Agreement. If your rights are so terminated you will not be entitled to a refund of any amounts paid to YTS. Even after this Agreement is terminated, the provisions of paragraphs 4, 6, 8, 9, 11, 14, 15, 16, 17, 18, 21 and 23 shall remain in effect.
4. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
4.1 The content of the YTS web site is the property of YTS, its business partners, and/or various third party providers and distributors. YTS is duly formed in the United States of America under the laws of the State of Florida.
4.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the "Intellectual Property') used on the web site are vested in YTS, its business partners and their affiliates and/or various third parties. Nothing contained on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of YTS, its business partners or the applicable third party that owns such Intellectual Property.
4.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from the YTS web site, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of YTS, its business partners and/or their third party providers and distributors.
5. ACCESS AND USE OF WEB SITE
5.1 You are granted access to make personal use of the YTS web site and you are not allowed to download (other than page caching), modify or create a hyperlink to the web site, or any portion of it, except with the express prior written consent of YTS or its business partners, as applicable.
5.2 You may not use the web site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of the web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
5.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to YTS, its business partners, their affiliates or any third party, without the prior written consent of YTS, its business partners, or such applicable third party.
5.4 You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of YTS Holdings, its business partners, or their third party providers and distributors, without each of their express prior written consents.
5.5 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law and/or which could, in YTS’s reasonable discretion, violate the policies of the YTS web site.
5.6 Your profile will be available to all persons who access the YTS web site. Please see our Privacy Policy.
5.7 The YTS web site provides the ability to block messages from any other user by adding such user(s) to your block list. In the event that YTS receives complaints, with respect to any user, by more than three persons, YTS may, at its discretion, revoke such user's account privileges, without notice or refund.
5.8 Any unauthorized use by you may result in the termination of your right to use the web site and/or participate in YTS events, without refund of any monies paid by you.
5.9 YTS reserves the right to terminate your use of any of the services provided on the YTS web site, for any reason, in its reasonable discretion; provided, however, that if such termination is not as a result of your violation of these terms and conditions and the termination of such services prohibits your ability to use the YTS web site in a manner consistent with the subscription services you have paid for, then YTS will refund the pro rata portion of the fees paid by you for the remainder of the then current subscription term.
5.9.1 YTS reserves the right to investigate and terminate your membership if you have misused the service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the service:
• You will note impersonate any person or entity.
• You will note “stalk” or otherwise harass any person.
• You will not express or imply that any statements you make are endorsed by YTS
without our specific prior written consent.
• You will not use any robot, spider, site search/retrieval application. Or other manual or
automatic device or process to retrieve, index, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the service or its contents.
• You will not post, download, distribute or reproduce in any way any copyrighted
material, trademarks, images of other users, or other proprietary information without
obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright, trademark or other proprietary rights notices
contained in the service.
• You will not interfere with or disrupt the services or the site or the servers or networks
connected to the services or the site.
• You will note post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the service.
• You will not “frame” or “mirror” any part of the service or the website, without YTS’s
prior written authorization. You also shall not use meta tags or code or other devices
containing any reference to YTS or the service or the site in order to direct any person
to any other web site for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the service or the website or any
software used on or for the service or cause others to do so.
5.10 You will not include any in your profile any telephone numbers, street addresses, last names URLs, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. YourTimeSingles.com reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.
5.11 The YTS web site can be accessed anywhere within the United States and in several countries outside of the United States. In the event that you relocate your residence outside of the United States or Canada, you may notify YTS, in writing, that you desire to cancel your membership. Within six (6) weeks after any such notification, your membership will be terminated and YTS will refund the pro rata portion of the fees paid by you for the remainder of the then current subscription term.
5.12 You are solely responsible for your use of the YTS web site and protecting access by others to your account from your computer or other computers from which you access your account. YTS advises that you maintain the secrecy of all passwords and that you make sure that you logoff after each visit to the YTS web site. Additionally, you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. MATERIALS YOU PROVIDE
6.1 In order to maximize your online experience and provide other attendees at YTS events that you participate in with more detailed information about you, you are encouraged to submit profile information on the YTS web site and post photos of yourself.
6.2 You are solely responsible for the content you post in your profile on the YTS web site. All information should be accurate and all photos should properly depict your image. In the event that YTS discovers any profile which it believes contains intentionally false information and/or any photos that are not photos of you or do not properly depict your image, such profiles and photos will be deleted, without notice, and YTS, in its sole discretion, may revoke your account privileges, without notice, and without refund.
6.3 You should not include any direct contact information (including, without limitation, your full name, personal email address, IM names, web addresses, street address, telephone numbers, etc.) in your profile. Any profiles that contain direct contact information may be deleted, without notice, at the discretion of YTS.
6.4 To the extent that YTS, in its reasonable discretion, deems any information or materials posted by a user of the YTS web site, including, without limitation, profile information, to violate any of these terms and conditions, YTS shall have the absolute right to remove any of such information and/or materials posted by such user, without notice.
6.5 Any materials, including photos and videos, provided to YTS will not be returned and will become the sole property of YTS.
7. PARTICIPATION IN YTS EVENTS
7.1 YTS provides the opportunity for YTS members to participate in several types of events where they can meet other YTS members. These events currently consist of (i) speed dating events, and (ii) other social events such as happy hours, parties, seminars, classes, lessons and wine tastings. YTS may add additional types of events, in the future, and may, at anytime, discontinue any type of event, at its sole discretion. To the extent that any change in events provided by YTS would materially change this Agreement and/or the YTS Privacy Policy, YTS will update these accordingly.
7.2 In order to participate in YTS events you must have access to the Internet.
7.3 Although the submission of certain profile information is optional, your chances of matching with other participants at YTS events or online may be reduced, if you do not provide sufficient profile information (including a photo) to supplement and refresh their recollection of your meeting.
7.4 The combination of YTS events and the online dating services of the YTS web site afford participants an expanded opportunity to meet potential dates. Additionally, when online dating services on the web site are used in conjunction with YTS speed dating events, the process offers participants several types of "matches" as follows:
Mutual Matches. These are matches from a YTS speed dating event and/or singles events, where two participants each score a "yes" on their scorecards for the other. In each such case you will be notified in your personal party matches folder of all mutual matches. These will be identified as "mutual matches." Each participant will be able to immediately contact each other through YTS's e-mail system. You do not need to be a paid subscriber to the YTS web site to contact "mutual matches."
The following are other types of matches that do not require attendance at a YTS event:
∑ Profile Matches. These are potential matches that are provided to you in your my matches folder as "profile matches." These matches are recommended to you based on the information you provide in your profile. You will be able to review the profiles of your "profile matches," but will only be able to e-mail your "profile matches" if you are a paid subscriber to the YTS web site.
8. WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE YTS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YTS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEB SITE FROM TIME TO TIME. YTS, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YTS, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. SPECIAL LIABILITY DISCLAIMERS AND RELEASES
9.1 You hereby understand and acknowledge that by using the YTS web site and/or participating in YTS events that your email address, phone number, first name and certain other profiling information that you provide may be provided to certain other participants. Neither YTS nor any of the participants in YTS events or visitors to the web site, and you agree to release YTS and its business partners from any liability and assume the full responsibility and risk with respect to any person you meet at a YTS event or through the web site. You are solely responsible for your interactions with YTS members. You understand that YTS does not in any way screen its members, nor does YTS inquire into the backgrounds of its members or attempt to verify the statements of its members. We strongly encourage you to take the same precautions you would take in meeting any new person in order to assure your safety.
9.2 You also understand and acknowledge that YTS events are held at venues of which neither YTS nor any of its business partners have any control. Therefore, in the event that you are injured or suffer damages in any regard at a YTS event, you agree to release YTS and its business partners from any liability with respect thereto, unless such damages result directly from the actions of any employee or agent of YTS or its business partners.
9.3 All participants in YTS events understand and acknowledge that YTS provides a fun and exciting method of meeting new people. YTS does not guarantee that any participant will successfully match with any other participant at a speed dating event or meet anyone at any other YTS event. Additionally, YTS does not guarantee that any match between participants will be successful. Furthermore, YTS does not guarantee that the use of the YTS web site and the online dating services provided thereon will result in introductions or actual dates.
9.4 All communications between participants through the YTS web site are conducted by email. YTS does not screen private emails between participants and is not responsible nor liable for any of the content contained in such communications. Additionally, YTS does not scan any of such emails for computer viruses, and highly recommends that all participants operate anti-virus software whenever engaged in email communication of any kind. Participants agree that they utilize all forms of communications at their own risk, and release YTS and its business partners from any liability with respect to any damages suffered as a result of the utilization of such communications. Please see our Privacy Policy.
9.5 Opinions, advice, statements, offers or other information or content made available through the service are those of their respective member-author and not of YTS, and should not necessarily be relied upon. Such members are solely responsible for such content. YTS does not guarantee the accuracy, completeness or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will YTS be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service or transmitted to members.
10. MEDIA AUTHORIZATION AND RELEASE
10.1 YTS, along with certain permitted third parties including, without limitation, representatives of the television, radio, print and online media, may photograph and/or make audio/video recordings of any of the YTS events, the YTS website. By attending and participating in any YTS event or posting a profile on the YTS website, each participant agrees to permit the taking of any such photographs and to be recorded in both audio and video media.
10.2 Each participant at a YTS event and user of the YTS website also irrevocably authorizes YTS, its agents, representatives, successors and assigns to use in perpetuity, throughout the world, in any manner whatsoever, all or any portion of photographs and audio/video recordings in which such participant appears, and any comments, statements or testimonials made by such participant, while attending a YTS event or while the user maintained a profile on the YTS website. Such photographs or audio/video recordings may be used by YTS, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, marketing and advertising of YTS events or products, or for editorial purposes.
10.3 No person shall be entitled to any compensation in connection with the use and exploitation of any photographs or audio/video recordings.
10.4 Each participant at a YTS event and user of the YTS website irrevocably releases YTS, its principals, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages which such person may have in connection with his or her attendance and/or participation in any YTS event or user of the YTS website and the exploitation of photographs and/or audio/video recordings in any manner or format.
10.5 YTS will not use a participant's name or any other personally identifiable information unless such participant has specifically granted his or her consent, in writing, for such use.
11. LIMITATION OF LIABILITY
NEITHER YTS NOR ITS BUSINESS PARTNERS ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE WEB SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. IN NO EVENT SHALL YTS, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE WEB SITE OR CONTENT FOUND ON THE WEB SITE, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEB SITE) OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY YTS, ITS BUSINESS PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the foregoing, YTS, its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of the web site, or in connection with any YTS event, such damages shall not exceed, in the aggregate, the fees paid by any person for the services and/or products of YTS. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.
12. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT
(a) General. YTS uses PayPal to charge its members for use of the services. You agree to pay YTS all charges at the prices then in effect for any use of the service by you or other persons (including your agents) using your PayPal account. You agree to make payment using PayPal and will maintain a PayPal account while you are a member of YTS. YTS reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. YTS MAY SUBMIT PERIODINC CHARGES (E.G. MONTHLY) WIHTOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY YTS) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE YTS REASONABLY COULD ACT.
(c) Auto-renewal. Your YTS subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(d) Reaffirmation of Authorization. Your non-termination or continued use of the service reaffirms that YTS is authorized to charge your PayPal account. YTS may submit those charges for payment and you will be responsible for such charges. This does not waive YTS’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the service.
(e) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact YTS to have the charges removed.
13. LINKS TO THIRD PARTY SITES
The YTS web site may provide, or third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by YTS of such other web sites. YTS has no control over such web sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other web sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such web sites or resources. If you decide to access other web sites, you do so at your own risk.
14. COPYRIGHTS AND COPYRIGHT AGENT
YTS recognizes and is concerned about the protection of the intellectual property of third parties, and requires that all users of its web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YTS's 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 YTS’s web site;
∑ your address, telephone number, and email address;
∑ a 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.
YTS’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
CopyrightAgent@YourTimeSingles.com
15. MEMBER DISPUTES
You are solely responsible for your interactions with other participants in YTS events and persons that you otherwise interact with through your use of the YTS web site. YTS reserves the right, but has no obligation, to monitor disputes between you and other participants.
16. U.S. EXPORT CONTROLS
Software from the YTS web site is subject to United States export controls. No software from the web site may be downloaded 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 using the web site, 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.
17. INDEMNIFICATION
You agree to indemnify and hold YTS, its business partners, and each of their 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 web site or participation in the YTS events 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 herein.
18. GOVERNING LAW
This Agreement and its performance is governed by the laws of the State of Florida, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of Florida located in Hernando County and the Federal District Court for the Middle District of Florida in all matters arising out of your use of this site.
19. MODIFICATION
YTS may at any time modify these terms and conditions and your continued use of the web site will be conditioned upon the terms and conditions in force at the time of your use.
20. ADDITIONAL TERMS
Additional terms and conditions will apply to the use of the web site, including purchases of goods and services, the terms of which are incorporated herein.
21. SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. HEADINGS
The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.
23. PRIVACY
You acknowledge that you have read the YTS Privacy Policy, the terms of which are incorporated herein.
24. ASSIGNMENT
You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder.
Please Contact Us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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