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| Welcome
to Reciprodate, the service that brings men and women the next generation
of online rating and dating, operated by Locomoco LLC/Reciprodate. (“Reciprodate”).
By using the Reciprodate web site (the “Web site”) you
agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member (“Member”). If
you wish to become a Member and communicate with other Members and
make use of the Reciprodate service (the "Service"), read
these Terms of Use and indicate your acceptance of them by following
the instructions in the Registration process.
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| This Agreement
sets out the legally binding terms of your use of the Web site and
your membership in the Service and may be modified by Reciprodate
from time to time, such modifications to be effective upon posting
by Reciprodate on the Web site. This Agreement includes Reciprodate's
Acceptable Use Policy for Content Posted on the Web site, Reciprodate's
Privacy Policy, and any notices regarding the Web site. |
| 1. |
Eligibility.
You must be eighteen or over to register as a member of Reciprodate
or use the Web site. Membership in the Service is void where prohibited.
By using the Web site, 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 Web site and/or are a Member. You may terminate your membership
at any time, for any reason, upon receipt by Reciprodate of your written
or email notice of termination. Reciprodate 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 such other
email address as you may later provide to Reciprodate. If Reciprodate
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, and 8-13 of this Agreement.
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| 3. |
Non Commercial
Use by Members. The Web site 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 Web site for any purpose.
Illegal and/or unauthorized uses of the Web site, including collecting
usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Web site will be investigated, and appropriate
legal action will be taken, including without limitation, civil, criminal,
and injunctive redress. |
| 4. |
Proprietary
Rights in Content on Reciprodate. Reciprodate owns and retains
all proprietary rights in the Web site and the Service. The Web site
contains the copyrighted material, trademarks, and other proprietary
information of Reciprodate, 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 Reciprodate may review and delete
any content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of Reciprodate violate this Agreement
or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of other Members. |
| b. |
You are solely
responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
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| c. |
By posting Content
to any public area of Reciprodate, you automatically grant,
and you represent and warrant that you have the right to grant,
to Reciprodate 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.
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| d. |
The following
is a partial list of the kind of Content that is illegal or
prohibited on the Web site. Reciprodate 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;
· harasses or advocates
harassment of another person;
· involves the transmission
of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
· promotes information
that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory
or libelous;
· 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 music or links
to pirated music files;
· contains restricted
or password only access pages, or hidden pages or images (those
not linked to or from another accessible page) ;
· displays pornographic
or sexually explicit material of any kind;
· 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, violating someone’s privacy, or providing
or creating computer viruses;
· solicits passwords
or personal identifying information for commercial or unlawful
purposes from other users; and
· 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,
last names, URLs or email addresses. |
| g. |
You may not engage
in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service. You may
not transmit any chain letters or junk email to other Members.
Although Reciprodate cannot monitor the conduct of its Members
off the Web site, 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, Reciprodate 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 Reciprodate deems appropriate
in its sole discretion. |
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| 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 our 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 the
Web site; 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. Reciprodate’s
Copyright Agent for notice of claims of copyright infringement can
be reached as follows: General Counsel, Reciprodate 1508 Federal Ave.,
Ste #2; Los Angeles, CA 90025. |
| 7. |
Member Disputes.
You are solely responsible for your interactions with other Reciprodate
Members. Reciprodate, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members. |
| 8. |
Privacy.
Use of the Web site and/or the Service is also governed by our Privacy
Policy. |
| 9. |
Disclaimers.
Reciprodate is not responsible for any incorrect or inaccurate Content
posted on the Web site or in connection with the Service, whether
caused by users of the Web site, Members or by any of the equipment
or programming associated with or utilized in the Service. Reciprodate
is not responsible for the conduct, whether online or offline, of
any user of the Web site or Member of the Service. Reciprodate 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. Reciprodate 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 or players on account of technical problems
or traffic congestion on the Internet or at any web site 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. Under no circumstances will Reciprodate be responsible
for any loss or damage, including personal injury or death, resulting
from anyone's use of the Web site or the Service, any Content posted
on the Web site or transmitted to Members, or any interactions between
users of the Web site, whether online or offline. The Web site and
the Service are provided "AS-IS" and Reciprodate expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Reciprodate cannot guarantee and does not promise any specific results
from use of the Web site and/or the Service. |
| 10. |
Limitation on
Liability. Except in jurisdictions where such provisions
are restricted, in no event will Reciprodate 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 Reciprodate has been
advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, Reciprodate’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
Reciprodate for the Service during the term of membership. |
| 11. |
U.S. Export
Controls. Software from this Web site (the “Software”)
is further subject to United States export controls. No Software may
be downloaded from the Web site 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. |
| 12. |
Disputes.
If there is any dispute about or involving the Web site and/or the
Service, by using the Web site, you agree that the dispute will be
governed by the laws of the State of California 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 California,
City of Los Angeles. |
| 13. |
Indemnity.
You agree to indemnify and hold Reciprodate, 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. |
| 14. |
Other.
This Agreement, accepted upon use of the Web site and further affirmed
by becoming a Member of the Service, contains the entire agreement
between you and Reciprodate regarding the use of the Web site 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.
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Please contact
us with any questions regarding this agreement.
Reciprodate is a trademark of Locomoco LLC/Reciprodate. |
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