Adult Sexy Friends - Terms of Use

TERMS AND CONDITIONS OF THE SERVICE

ACCEPTABLE USE AGREEMENT

Please read the following User Agreement. When you sign up for any service within AdultSexyFriends.com, all of which are hereinafter referred to collectively as the "Service", you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE AFTER OCTOBER 28, 2007 YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by AdultSexyFriends.com from time to time, such modifications to be effective upon posting by AdultSexyFriends.com on the Website. This Agreement includes AdultSexyFriends.com's Acceptable Use Policy for Content Posted on the Website, AdultSexyFriends.com's Privacy Policy, and any notices regarding the Website.

AdultSexyFriends.com operates online adult dating service and social networking community where adults can meet and interact with each other.

1. Eligibility. This Service is addressed to adults only. You represent, warrant and covenant that you are at least 18 years old (21 YEARS OLD IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). Failure to comply with this Agreement may result in legal actions. You must be eighteen (18 years old) (21 YEARS OLD IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) or over to register as a member of AdultSexyFriends.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by AdultSexyFriends.com of your written or email notice of termination. AdultSexyFriends.com may terminate your membership for any reason, effective upon sending notice to you at the e-mail address you provide in your application for membership, or such other e-mail address as you may later provide to AdultSexyFriends.com. If AdultSexyFriends.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.

3. Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on AdultSexyFriends.com. AdultSexyFriends.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of AdultSexyFriends.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.

A. You understand and agree that AdultSexyFriends.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of AdultSexyFriends.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

B. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

C. By posting Content to any public area of AdultSexyFriends.com, you automatically grant, and you represent and warrant that you have the right to grant, to AdultSexyFriends.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

D. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. AdultSexyFriends.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

i) harasses or advocates harassment of another person;

ii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iii) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

iv) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated video and/or audio files or links to pirated video and/or audio files;

v) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

vi) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

vii) contains nudity;

viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

x) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

E. You must use the Service in a manner consistent with any and all applicable laws and regulations.

F. You may not include in your Member profile any telephone numbers, street addresses, URLs or e-mail addresses.

G. You may not engage in advertising to, or solicitation of, other Members to buy or sell any illegal products or services through the Service. You may not transmit any chain letters or junk e-mail (SPAM) to other Members. Although AdultSexyFriends.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, AdultSexyFriends.com reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which AdultSexyFriends.com deems appropriate in its sole discretion.

6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7. Subscription. Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

USERNAME AND PASSWORD. As part of the registration process, you will be asked to select a username and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is overly vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available in the ‘Edit My Profile’ Page after logging on to AdultSexyFriends.com and immediately notify us by emailing us at support@adultsexyfriends.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

If you sign up for multiple subscriptions to AdultSexyFriends.com, you will be limited to only one instance of AdultSexyFriends.com Messenger, regardless of the number of subscribing accounts you may have with us. AdultSexyFriends.com reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. AdultSexyFriends.com also reserves the right to cancel the FREE trial period at any time, for all or any of its members.

8. Member Disputes. You are solely responsible for your interactions with other AdultSexyFriends.com Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

9. Service - AdultSexyFriends.com does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that AdultSexyFriends.com is offline for a period of more than 72 hours, will a pro-rated refund be given. AdultSexyFriends.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.

10. Disclaimers. ADULTSEXYFRIENDS.COM PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ADULTSEXYFRIENDS.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. ADULTSEXYFRIENDS.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ADULTSEXYFRIENDS.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. ADULTSEXYFRIENDS.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

LIMITATION OF LIABILITY. IN NO EVENT WILL ADULTSEXYFRIENDS.COM BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR 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 OR THE SITE, EVEN IF ADULTSEXYFRIENDS.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS ADULTSEXYFRIENDS.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 ADULTSEXYFRIENDS.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

In addition, AdultSexyFriends.com disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

11. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will AdultSexyFriends.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 AdultSexyFriends.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AdultSexyFriends.com 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 AdultSexyFriends.com for the Service during the term of membership. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

12. COPYRIGHT POLICY. We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

A description of the copyrighted work that you claim has been infringed;
Details of where the infringing material is located on the Site;
Your address, telephone number and e-mail address;
A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

Please deliver this information to: support@adultsexyfriends.com

13. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Hawaii 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 Hawaii.

15. Indemnity. You agree to indemnify and hold AdultSexyFriends.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

16. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and AdultSexyFriends.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

THIS AGREEMENT WAS LAST UPDATED ON October 28, 2007

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.