Nice Jewish Singles Terms of Use Agreement:
THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).
The Nice Jewish Singles service ("NJS" or the "Service") is a way for adults to meet and communicate with each other online. NJS is provided by Nice Jewish Singles, a wholly owned subsidiary of Gap Up LLC, located in San Francisco, California.
This is a legal agreement ("Agreement") between you and NJS.
Please read this Agreement carefully. By using the NJS website you agree to be bound by the terms and conditions of this Agreement (the "Terms”) whether or not you register as a member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE NJS SERVICE OR USE THE NJS WEBSITE IN ANY MANNER. THE TERMS ARE SUBJECT TO CHANGE BY NJS AT ANY TIME.
MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter, NJS may require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old.
Either you or NJS may terminate your NJS membership at any time, for any reason, effective upon sending written notice to the other party. NJS reserves the right to immediately suspend or terminate your access to the NJS service, without notice, upon any breach of this Agreement by you which is brought to NJS's attention.
Your membership in the NJS 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.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the NJS service, or transmit to other NJS Members.
You will not post on the NJS service, or transmit to other NJS Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the NJS service in a manner consistent with any and all applicable laws and regulations.
You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. NJS, reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other NJS Members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other NJS Members and users of the NJS website. NJS, reserves the right, but has no obligation, to monitor disputes between you and other Members.
INDEMNITY. You will defend, indemnify, and hold harmless NJS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the NJS service, including any breach by you of the terms of this Agreement.
ONLINE CONTENT. Opinions, advice, statements, offers, or other information or content made available through the NJS service are those of their respective authors and not of NJS, and should not necessarily be relied upon. NJS, 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 NJS, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE NJS SERVICE, OR TRANSMITTED TO NJS MEMBERS.
WARNING - PLEASE READ THIS: It is possible that other NJS Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the NJS service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. NJS, is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the NJS service or release to others.
NJS, RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE NJS SERVICE. NJS SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF NJS, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER NJS MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY NJS, TO THE EXTENT REQUIRED BY APPLICABLE LAW.
PROPRIETARY RIGHTS. NJS owns and retains other proprietary rights in the NJS service. The Service contains the copyrighted material, trademarks, and other proprietary information of NJS, and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information, a photograph, or content to any public area of NJS, you automatically grant, and you represent and warrant that you have the right to grant, to NJS, and other NJS Members 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.
INFORMATION SUPPLIED BY MEMBER. NJS, will keep confidential all information supplied by you to NJS, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
COMPLAINTS. To resolve a complaint regarding the NJS service, you should first contact NJS Customer Support at feedback@nicejewish.com.
PURCHASES. All purchases are final. There are no refunds. No refund will be given for unused portions of the subscription period. NJS cannot in any way guarantee a response to any messages sent on the Service. No refunds will be made in the event of termination of membership by NJS.
DISCLAIMER OF WARRANTY. NJS PROVIDES THE NJS SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH NJS, OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. NJS, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NJS does not warrant that your use of the NJS service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.
LIMITATION OF LIABILITY. IN NO EVENT WILL NJS 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 NJS SERVICE, EVEN IF NJS 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 ANYTHING TO THE CONTRARY CONTAINED HEREIN, NJS'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 NJS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
NJS DOES NOT SCREEN THE MEMBERS REGISTERING TO THE NJS SERVICE IN ANY WAY. AS A RESULT, NJS WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
IN ADDITION, NJS 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 NJS SERVICE.
STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
GENERAL PROVISIONS. This Agreement is entered into in San Francisco, California. You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in San Francisco, California. This Agreement, accepted upon use of the NJS service, contains the entire agreement between you and NJS regarding the use of the Service. This Agreement may only be amended upon notice by NJS to you, or by a writing signed by you and an authorized official of NJS. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
|