WealthyBDSMDating.com
Welcome to the Internet's Newest and Most Upscale Adult BDSM Dating Website
Catering to Alternative Lifestyles of All Natures
Home
My Account
My Profile
Mailbox
Search
Favorites
Viewed Me
Who's Online
Forum (NEW!)
User:
 [Logout]
Terms And Conditions
I. General
A. These Terms and Conditions (“Terms”) govern your use of the WealthyBDSMDating (“Company”) web site and services. Your use of our web site tells us you have read and agreed to these Terms and our Privacy Policy, provided elsewhere on this web site. Company reserves the right to deny access to the web site to any person who violates these Terms, as well as any other reason determined to be just cause by Company.
B. Company uses the following web site for its services:
www.WealthyBDSMDating.com
C. No person(s) or business entity (or entities) shall claim to represent Company for any reason or in any way. Company disclaims any and all responsibility or liability for the actions of its Users (“You”), on or off line. You claim full responsibility and liability for your own actions. The use of false information or false identity is strictly forbidden and may be subject to legal prosecution.
D. Contributions and posts by Users are not necessarily the views of Company.
E. Usage of Company web site and services are reserved for those eighteen (18) years of age or older. Failure to observe this requirement will result in immediate termination of services, without warning. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 18 years old.
II. Copyright
A. All information, content, services and software displayed on, transmitted through, or used in connection with this web site, with the exception of User Content as defined below, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, "Content"), as well as its selection and arrangement, are owned by Company and/or its affiliated companies, licensors and/or suppliers.
B. You may use the Content online only and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
C. If you operate a web site and wish to link to www.WealthyBDSMDating.com, you may do so provided you agree to cease such link upon request from Company. No other use is permitted without prior written permission of Company. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms.
D. You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Company, not to insert any code or product or manipulate the content of Company in any way that affects the User's experience, and further, not to use any data mining, data gathering or extraction method.
E. Requests to use Content for any purpose other than as permitted in these Terms must be directed to Company at Support@WealthyBDSMDating.com. In certain cases, you may be able to use individual stories that appear on Company’s web site through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content what you may use or you will see a link in the Content itself.
III. Registration
A. WealthyBDSMDating offers Users two options for access to the services and information provided on our web site:
1. Unregistered User - This User will have limited access to services, contact of other Users and information provided on Company’s web site, subject to change by Company at any time; or
2. Registered User- This User will have access to all services, contact of other Users and information provided on Company’s web site, subject to change by Company at any time.
a. Monthly Membership – First month FREE, then $19.95 for each month thereafter;
b. Two-Month Membership – First month FREE, then $29.95 every two (2) months;
c. Three-Month Membership – First month FREE, then $39.95 every three (3) months;
B. Details about the full range of services available for Registered Users are set forth on the Company’s web site, under the "Full Member Benefits" link on the Home Page.
C. Registration is required to access all services provided by our web site. If you become a Registered User, you accept responsibility for all activities that occur under your IP address and name. You agree to provide true, accurate, complete, and correct information if asked, and to promptly update this information, as requested, so that it remains true, accurate, complete, and correct.
D. You are responsible for restricting access to your computer so others outside your household do not access Company’s web site using your IP address or name, in whole or in part, without your permission. If you believe someone has accessed Company’s web site using your IP address and/or name, without your authorization, immediately send us an e-mail at
Support@WealthyBDSMDating.com
.
E. You warrant and represent that all of the data provided by you during registration is accurate and complete. You shall immediately report to Company any changes in information that occur after registration.
F. You shall not use pseudonyms or fictitious names in your registration or profile.
G. You shall not be allowed to have multiple registrations or profiles. You may only establish one (1) user profile. If Company determines that you have established more than one (1) registration or profile, your account(s) may be suspended or terminated, subject to the Company’s sole discretion.
H. You warrant and represent that you are a minimum of eighteen years of age to use the Company’s services at the time of registration.
I. You shall choose a password upon registration. You are solely responsible for keeping this password secret and shall not give it out to anyone who may then use it to access your account, profile or the Company’s web site. Company shall not disclose your password to any third party and shall never ask for your password at any time.
J. By completing the registration process, you agree with all Terms herein. Company accepts your registration by activating your account for the use of services on Company’s web site. These Terms take effect with the aforementioned acceptance and account activation by Company.
K. It is technically impossible for Company to determine with certainty whether any registered User is, in fact, the person he or she represents to be. Therefore, Company assumes no liability for the actual identity of any User. You are solely responsible for checking the actual identity of another User and are urged to safeguard your personal information from Users you do not know or if you are asked to provide such information to another User. Aside from the registration process and updates to account or profile information, Company will never ask for personal information from a registered User.
IV. Termination and Right to Cancel
A. User may terminate their registration at any time. User may deliver notice of termination to Support@WealthyBDSMDating.com. The termination notice shall include the User’s registered name and email address.
B. Company may, without cause and in its sole discretion, terminate the registration of User under the following circumstances, which are non-inclusive:
1. If User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or
2. If the User causes physical, mental or emotional harm to any other User(s); or
3. Any other reason deemed appropriate by the Company.
C. In the event of a termination in accordance with section IV (B), and notwithstanding Company's right to terminate the contract in accordance with section IV (B), Company is entitled to:
1. Delete the Contents, account and profile posted by User; or
2. Issue a warning to User; or
3. Block User's access to services on the Company’s web site.
D. Upon receipt of a valid cancellation, Company will remove all account information and profile from the Company web site and Users will be unable to log in to their account thereafter.
E. Once an account is cancelled and deleted, you must re-register in order to use the full services of Company.
V. Use of Information by Company
A. You acknowledge, consent and agree that Company may preserve and disclose the personal information you’ve provided and the contents of your online communications, if required to do so by law or in a good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes:
1. To comply with legal process, such as a court order, search warrant, or subpoena;
2. To enforce the requirements of these Terms;
3. To render service(s) you request;
4. To protect the rights or property of Company, its web site and/or its third party suppliers and licensors; or
5. In circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or other Users.
B. Other use of information details are more specifically outlined in our Privacy Policy, documented elsewhere on our web site.
VI. User Content Representations and Warranties
A. By submitting material to Company’s web site, including but not limited to posting content or communications to any Company bulletin board, Group, Forum, blog or message space, or posting text, images, audio files or other audio-visual content to the site, you represent and warrant that:
1. You own or otherwise have all necessary rights to the Content you provide and the rights to provide it under these Terms; and
2. The Content will not cause injury to any person or entity.
B. Using a name other than your own legal name in association with the submission of Content is prohibited (except in those specific areas of Company that may specifically ask for unique, fictitious names).
VII. User Content License
A. For all Content you post, upload or otherwise make available to Company, you grant Company, its affiliates and related entities, including its future web sites, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Content, in any form, format, or medium, of any kind now known or later developed.
B. Without limiting the generality of the previous paragraph, you authorize Company to share the Content across all web sites, to include such Content in a searchable format accessible by other Users, to place advertisements in close proximity to such Content and to use your name, likeness and any other information in connection with Company’s use of the Content you provide.
C. You waive all intellectual property rights with respect to any Content you provide to Company. You also grant Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
VIII. User Content Screening and Removal
A. You acknowledge that Company and/or its designees may or may not pre-screen Content, and that Company shall have the right (but not the obligation), in its sole discretion, to move, remove, block, edit, or refuse any Content for any reason, including without limitation, that such Content violates these Terms or is otherwise objectionable.
B. Company provides Users with a platform on which to establish interaction and communication with other Users and provides those technical applications that allow Users to interact and communicate with one another.
C. Regarding web site posted Content, Company does not take part in any communication between Users. If you enter into communication with other Users through use of the Company web site, it is understood and agreed by you that Company shall not be a party, mediator or negotiator to these communications. You alone are responsible for the communications which you enter into with other Users.
IX. User Content Assumption of Risk
A. Company cannot, and does not, monitor or manage Content provided by Users and does not guarantee the accuracy, integrity, or quality of such Content. All Content provided to Company is the sole responsibility of the person who provided it. This means that YOU are entirely responsible for all Content that you provide.
B. In order to protect your safety, please use your best judgment when using Company posting methods. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures, either through posting on any bulletin board or messaging other Users, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
C. Company shall not be held liable if you are unable to contact another User over our web site regarding communications.
X. User Content Posting Rules
A. User agrees to adhere to the following requirements:
l. To provide only true and non-misleading information in the User profile and in communications with other Users and to refrain from using any pseudonyms or fictitious names;
2. To post photographs of the User on the Company’s web site where User can be clearly recognized. The User warrants and represents that public displaying of said photographs is not prohibited by copyright or other prohibited use. The User shall not upload any photographs or images of any other person than that of User, unless User has written permission to do so from the subject(s) in the photograph(s) and states who such persons are who are depicted in the photographs. The photographs posted by User shall not contain any company logos or trademarks unless User has specific permission and authority from the owners of such logos or trademarks; exceptions are photographs of Company employees.
3. User may not post photographs that can be considered pornographic or against any law or ordinance in the United States.
B. Any decisions as to whether User Content violates any Posting Rule will be made by Company in its sole discretion and after we have actual notice of such posting. When you provide Content, you agree to the following Posting Rules:
1. If the photo or video depicts any minor-aged child or children, you affirm that you have written permission from the child's parent or guardian to provide the photo or video; in any event, you may not post any photo or video of any minor-aged child or children which would be considered lewd, lascivious or pornographic.
2. You may not provide Content that:
a. contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
b. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
c. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
d. violates any right of Company or any third party;
e. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
f. violates or encourages the violation of any municipal, state, federal law, rule, regulation or ordinance;
g. interferes with any third party's uninterrupted use of the Company’s web site or services;
h. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
i. uploads or transmits viruses or other harmful,disruptive or destructive files, material or code;
j. disrupts, interferes with, or otherwise harms or violates the security of the Company or any of its services, system resources, accounts, passwords, servers or networks connected to or accessible through the Company, its web site or affiliated or linked web sites; or
k. "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
l. promotes any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
m. engages or encourages others to engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
i. Sending chain letters;
ii. Sending identical private messages to more than one (1) user at the same time;
iii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or
iv. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
C. User is further prohibited from the following activities:
1. Employing any mechanisms, software or scripts when using Company’s web site. However, the User may use the interfaces or software provided by Company within the scope of the services available on the Company’s web site. 2. Blocking, overwriting, modifying and/or copying of any Content of the Company web site unless said actions are necessary for the proper use of Company-provided services. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of Company services and is therefore prohibited.
3. Distributing or publicly disclosing the Contents of Company’s web site or any User, without written permission from such party.
4. Performing any actions which may impair the operability of Company’s infrastructure, particularly actions which may overload said infrastructure, servers, bandwidth or other equipment or software. WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE OF SUCH VIOLATION RECEIVED BY COMPANY.
XI. Unsolicited Material and Ideas
A. Company is not responsible for the similarity of any of its Content or programming in any media to materials, ideas or other User Content provided to Company. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you and you are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if such material or idea is used, that is or may be substantially similar to the idea you sent.
XII. Transactions and E-Commerce
A. During your use of our web site you may elect to engage in a transaction involving the purchase of a service, product or other tangible goods and services. Credit card transactions and order fulfillment are handled by a third party processing agent, bank or distribution institution. While, in most cases, transactions are completed without difficulty, there is no such thing as perfect security on the Internet or off-line. B. If you are concerned about on-line credit card safety, in most cases an email address will be made available so you can write us and place your order. Company cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
XIII. Errors in Advertisements
A. On occasion, a product or service may not be available, at the time or the price, as it appears in an advertisement. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of availability, or error in pricing or product/service information received from our advertisers or suppliers, you agree Company is not responsible for such errors or discrepancies.
XIV. Communications with Third Parties through Company
A. Your dealings or communications, through Company, with any party other than Company, are solely between you and that third party. For example, certain areas of the Company’s web site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
B. Please review carefully the third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be directed to such third party.
C. During your visit to, or use of, Company’s web site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Company has no control over third party sites and resources, you acknowledge and agree that Company is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the Terms and Conditions of those sites.
XV. Notice of Intellectual Property Infringement
A. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable International copyright laws, it is the policy of the Company, in appropriate circumstances, to terminate the account of a User who is deemed to infringe on third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on Company’s web site, please provide the following information to our Copyright Agent (Manager) (please consult your legal counsel or see appropriate statutes to confirm these requirements):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of your copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material you claim is infringing is located on the web site (providing us with a web site URL is the quickest way to help us locate content quickly);
4. Your address, telephone number and e-mail address.
5. 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 by operation of law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
B. Company's Copyright Agent can be reached as follows:
Support@WealthyBDSMDating.com
.
XVI. Counter-Notification for Intellectual Property Infringement
A. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, it must be a written communication provided to Company's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see appropriate statutes to confirm these requirements):
1. An electronic or physical signature of the registered user.
2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a web site URL is the quickest way to help us locate content quickly);
3. Your address, telephone number and e-mail address.
4. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
5. A statement by you that you consent to the jurisdiction of the appropriate Court for the judicial district in which the address is located and that you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
XVII. General Disclaimer and Limitation of Liability
A. While Company uses reasonable efforts to include accurate and up-to-date information, Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company services results. Company disclaims any responsibility or liability for the deletion, failure to store, missed or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through Company’s services.
B. COMPANY MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITE. COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITE. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED ON THE COMPANY WEB SITE.
C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE COMPANY WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE COMPANY WEB SITE, FROM INABILITY TO USE THE COMPANY WEB SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE COMPANY WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE COMPANY WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE COMPANY WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE COMPANY WEB SITE OR ANY INFORMATION, SERVICE OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE COMPANY WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
H. Without limiting the foregoing, under no circumstances shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
XVIII. Indemnity
You agree to indemnify, defend and hold harmless Company, its web site(s) and affiliated companies and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including, but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
(1) Your use of Company web site and services; (2) Company's use of any User Content or information you provide, as long as such use is not inconsistent with these Terms; (3) Information or material provided through your IP address, even if not posted by you; and (4) Any violation of these Terms by you.
XIX. Data Protection
A. You should be aware that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
B. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks.
C. Accordingly, as the web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON OUR WEB SITE.
D. We oppose the use of any available contact information by Users or a third party for sending unsolicited advertisements (SPAM).
E. As the web site provider, Company reserves the express right to take legal action against unsolicited mailing or emailing of spam and other similar advertising materials. Company will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority. Company’s web site is controlled, operated and administered by Company from its offices within the United States and is not intended for Users outside the United States. If Company determines that a User actually resides outside the United States, Company shall terminate such User’s account. any determines that a User actually resides outside the United States, Company shall terminate such User’s account.
XXI. Modifying these Terms
A. Company reserves the right to change these Terms at any time in its discretion and to notify Users of any such changes solely by changing these Terms.
B. Your continued use of Company’s web site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.
XXII. Discontinuation of Service
A. Company may modify, suspend, discontinue or restrict the use of any portion of Company’s web site, including the availability of any portion of the Content at any time, without notice or liability.
B. Company may deny access to any User at any time for any reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any Company affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Company or any of their assets.
XXIII. Choice of Law
These Terms will be governed by and construed in accordance with the laws of the United States, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Company must be filed in an appropriate court located in the State of ______________, United States of America.
XXIV. Statute of Limitations
A. You agree to file any claim regarding any aspect of this site or these Terms within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You also agree no claim subject to these Terms may be brought as a class action.
XXV. Severability
A. If, for any reason, any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected in that provision and the remainder of these Terms shall continue in full force and effect.
XXVI. No Waiver
A. Any failure of Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
XXVII. Section Titles
A. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXVIII. Termination
A. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Company and all other provisions for which survival is equitable or appropriate.
XXIX. Conflicts
A. In the case of a conflict between these Terms and the terms of any electronic or machine readable statement or policy, these Terms shall control. Similarly, in case of a conflict between these Terms and our Privacy Policy, these Terms shall control.
XXX. Contact Us
A. To contact Company, please use the following email address:
Support@WealthyBDSMDating.com
.
XXXI. Effective Date
THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 9, 2008.