Terms of Use
August 23, 2003
Thank you for choosing AthleticMeet.com™, the online network for
adults with active lifestyles. AthleticMeet.com is operated by AthleticMeet.com,
Inc. In consideration for using the AthleticMeet.com website and/or any
other service provided by AthleticMeet.com (collectively, the "Service"),
either as a paid user or otherwise, you agree to be bound by all of the
terms of use and conditions set forth below (the "Agreement").
Please read this Agreement carefully and completely, as it forms the
legally binding agreement between you and AthleticMeet.com. If you do
not agree to these terms and conditions, you may not use the Service and
should not register as a member. The terms of this Agreement may be modified
by AthleticMeet.com from time to time, in its sole discretion; by using
the Service on or after August 23, 2003 you are agreeing to be bound by
this Agreement, including all amendments made to date. Notification of
modifications to this Agreement will be posted on the Service or sent
via electronic mail, as we may determine in our sole discretion. If you
do not agree to any modifications, you should terminate your use of the
Service. Your continued use of the Service now, or following the posting
of notice of any changes in this Agreement, constitutes a binding acceptance
by you of this Agreement, or any subsequent modifications.
User Eligibility
You must be at least eighteen years old to use either the Website or the
Service. By using the Service, 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. You are not
located in, under the control of, or a national or resident of any country
which the United States has (i) embargoed goods, (ii) identified as a
"Specially Designated National", or (iii) placed on the Commerce
Department's Table of Deny Orders. Use of the Service is void where prohibited.
The Service is for the personal use of individual users 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 for any purpose. Illegal and/or unauthorized uses of the Service,
including collecting usernames and/or email addresses and/or any other
data of members by electronic or other means for the purpose of sending
unsolicited email, unauthorized framing of or linking to the Service,
and unauthorized use beyond the scope of this Agreement will be investigated,
and appropriate legal action will be taken.
Membership
Users of the Service can register in three membership categories, "Public
Users", "General Members" or "Club Members"
(collectively "Members"). Public Users are allowed access to
a minimal level of the Service's features for no charge. General Members
are allowed to access more features of the Service than are Public Users,
but are not allowed access to all of the features that Club Members are
allowed to access; General Members are not charged for the features that
are free to Public Users but are charged for certain additional features
not available to Public Users. Club Members are provided with access to
additional features of the Service that are not available to Public Users
or General Members; General Members are not charged for the features
that are free to Public Users but are charged for certain additional features
not available to Public Users.
If you opt to be a General Member or a Club Member, you agree to pay
all subscription fees and charges in connection with your membership account
for the Service (including applicable taxes) at rates in effect at the
time of your new subscription or renewal. By opting for automatic renewal
under My Account, you agree to have your credit card charged at the regular
renewal intervals you chose for fees and charges based on the rates in
effect at each renewal anniversary. If you are a Club Member and, during
the course of your current subscription period, your membership in any
club in the AthleticMeet.com network cannot be verified or your club no
longer remains part of the AthleticMeet.com network, then you will be
subject to paying the General Member fees and charges at your next renewal
anniversary. If, during the course of your current subscription period,
a club in which you are a member joins the AthleticMeet.com network, then
you shall be entitled to pay the Club Member fees and charges at your
next renewal anniversary, with no rebate or refund for the difference
in fees and charges between the two plans for the duration of your current
subscription period. All subscription fees and charges are non-refundable
and may not be transferred to another account or member. AthleticMeet.com
may change the fees and charges or add fees and charges for the Service
at any time; current fees will be posted on the Website. You are responsible
for all fees and charges incurred to gain access to the Service via the
Internet.
Term
This Agreement will remain in full force and effect while you use the
Service. You may terminate your membership at any time, for any reason
by following the instructions on the Subscription pages under My Account,
or upon receipt by AthleticMeet.com of your written or email notice of
termination. AthleticMeet.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 the email address you maintain
in My Account. If AthleticMeet.com terminates your membership in the Service
because you have breached this Agreement, you will not be entitled to
any refund of unused subscription fees. Even after membership is terminated,
this Agreement will remain in effect.
Property Rights, Proprietary Information
The Service contains information which is proprietary to AthleticMeet.com,
its sponsors and partners, and its users, including but not limited to
copyrighted material, trademarks, designs, website code, databases and
contents. AthleticMeet.com asserts full copyright protection in the Service.
Information posted by AthleticMeet.com, its partners and sponsors, or
users of the Service may be protected whether or not it is identified
as proprietary. You agree not to modify, copy or distribute any such information
in any manner whatsoever without prior written permission of the owner
of such information.
All information, content, messages, and photos (collectively "Content")
submitted to your profile become property of AthleticMeet.com. AthleticMeet.com
reserves the right to edit any such submission at it sole discretion,
to conform the terms of this Agreement or otherwise.
Opinions, advice, tips, suggestions, statements, offers, and other information
or content available through the Service but not produced by AthleticMeet.com
are those of their respective authors, are for informational or entertainment
purposes, and should not be relied upon. AthleticMeet.com takes no responsibility
for the accuracy or reliability of opinions, advice, tips, suggestions,
statements, offers, and other information or content available through
the Service.
Code of Conduct and Content of Postings
You agree to use the Service in accordance with the following Code of
Conduct and to immediately report to AthleticMeet.com any violations by
other users:
a. you will keep all information provided to you through the Service
as private and confidential and will not give such information to anyone
without the permission of the person who provided it to you;
b. you will not use the Service to engage in any form of harassment or
offensive behavior, including but not limited to the posting of communications,
pictures or recordings which contain libelous, slanderous, abusive or
defamatory statements, or racist, pornographic, obscene, or offensive
language;
d. you will not use the Service to infringe the privacy rights, property
rights, or any other rights of any person;
e. you will not post messages, pictures or recordings or use the Service
in any way which is fraudulent or otherwise unlawful or violates any law,
or violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trade-mark law, privacy
or other personal or proprietary rights;
f. you will not use the Service to distribute, promote or otherwise publish
any material containing any solicitation for funds, advertising or solicitation
for goods or services.
g. you will not use the Service to distribute or upload any virus, trojan
horses or do anything else that might cause harm to the Service, AthleticMeet.com
systems or to other members' systems in any way.
h. you will not post or transmit in any manner any contact information
including, but not limited to, email addresses, "instant messenger"
nicknames, telephone numbers, postal addresses, URLs, full names, or any
personal information which would enable other Registered Users to discover
your identity through your publicly posted information.
i. you will create and maintain only one profile in the Service.
j. you are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or communicate or transmit
to other Members. You are solely responsible for all communications and
interactions you have with other users or members online or offline. You
understand there may be risks associated with meeting certain individuals
through the Service, and you agree to take normal precautions in such
meetings and interactions including but not limited to reviewing the Online
Dating Safety Tips.
k. By posting Content to any public area of AthleticMeet.com, you automatically
grant, and you represent and warrant that you have the right to grant,
to AthleticMeet.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.
l. Below is a partial list of the kind of Content that is illegal or prohibited
on the Website. AthleticMeet.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
posting 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";
- provides or promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- provides or promotes an illegal or unauthorized copy of another’s
copyrighted work;
- 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, promoting or engaging in terrorism,
violating someone’s privacy, providing or creating computer viruses,
or gaining unauthorized access to computer systems and files or "hacking";
- solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
m. You must use the Service in a manner consistent with any and all applicable
local, state, national, and international laws and regulations including,
but not limited to, United States export control laws.
n. AthleticMeet.com may deny use of a username or other Content that
impersonates someone else, is protected by intellectual property or proprietary
law, or is vulgar or otherwise offensive, as determined by AthleticMeet.com
in its sole discretion.
AthleticMeet.com cannot monitor the conduct of its Members off the Website.
In order to protect our Members from advertising or solicitation, AthleticMeet.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 AthleticMeet.com
deems appropriate in its sole discretion.
Privacy
Use of the Service is also subject to the Privacy
Policy. You acknowledge that (a) we cannot ensure the security or
privacy of information you provide through the Internet, your email messages,
or the Service, and you release AthleticMeet.com from any and all liability
in connection with the use of such information by other parties; (b) AthleticMeet.com
is not responsible for, and cannot control, the use by others of any information
which you provide to them and you should use caution in selecting the
personal information you provide to others through the Service; and (c)
AthleticMeet.com cannot assume any responsibility for the content of messages
sent by other Members or users of the Service, and you release Athleticmeet.com
from any and all liability in connection with the contents of any communications
you may receive from other users including Members. We cannot guarantee,
and assume no responsibility for verifying, the accuracy of the information
provided by other users of the Service including Members.
Disclaimer
AthleticMeet.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. AthleticMeet.com is not responsible
for the conduct, whether online or offline, of any user of the Website
or Member of the Service. AthleticMeet.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.
AthleticMeet.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 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. AthleticMeet.com does not guarantee the accuracy, completeness,
or usefulness of any Content or the Service. Under no circumstances will
AthleticMeet.com be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of 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 AthleticMeet.com expressly disclaims
any warranty, express or implied, of fitness for a particular purpose
or non-infringement. AthleticMeet.com cannot guarantee and does not promise
any specific results from use of the Service. AthleticMeet.com does not
warrant that your use of the Service will be secure, uninterrupted, always
available, error-free or will meet your requirements, or that any defects
in the Service will be corrected. AthleticMeet.com disclaims any liability
for, and not warranty is made with respect to, the connectivity and availability
of the Service.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event
will AthleticMeet.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 AthleticMeet.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, AthleticMeet.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 AthleticMeet.com for the Service during the term of membership.
While the Company performs an initial screening of individuals registering
for the Service, the Company makes no representations or warranties as
to the conduct of such individuals or their compatibility with any current
or future Registered Users. In no event shall AthleticMeet.com be liable
for any damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental arising out of or relating
to the conduct of you or anyone else in connection with the use of the
Service, including but not limited to bodily injury, emotional distress,
and/or any other damages resulting from communications or meetings with
other Members of the Service or persons introduced to you by the Service.
Indemnity by Registered User
You indemnify and hold harmless AthleticMeet.com, its officers, directors,
employees, agents, sponsors, partners, and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of your use of the Service, including any breach
by you of the terms of this Agreement.
Other Provisions
If there is any dispute about or involving the Service, by using the Service,
you agree that the dispute will be governed by the laws of the State of
Wyoming 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 Wyoming, City of Cheyenne.
This Agreement, accepted upon registration for the Service, contains
the entire agreement between you and AthleticMeet.com regarding the use
of the Service. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force and effect. |