DateCetera.com Terms of Use Agreement

THIS TERMS OF USE AGREEMENT WAS LAST UPDATED ON JUNE 22, 2007

Introduction

Welcome to DateCetera.com, an online service (the "Service") for adults to meet each other. DateCetera.com (the "Website") is owned and operated by DateCetera Media ("DateCetera").

In this Agreement the following terms have these meanings unless the context requires otherwise:

"Agreement" means the agreement between You and Us incorporating the terms and conditions of this document for the use of the Service, and as amended from time to time in the manner set forth herein;

"We, Us, Our" means DateCetera or any successor or assign of DateCetera;

"You, Your, Yourself" means the person who uses this Website and its related services, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us and as such have gained the right to use Our Service.

Acceptance of Terms of Use Agreement

By using the DateCetera.com Website and all its related services You agree to be bound by all the terms and conditions of this Agreement, whether or not you register to be a member of DateCetera.com (the "Member"). If you wish to register and become a Member and make use of the Service, please read this entire Terms of Use Agreement. If you do not agree with the terms and conditions of this Agreement or object to anything in this Agreement or the DateCetera.com Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by DateCetera at any time, effective upon posting on the DateCetera.com website under the 'Terms of Use' link, and your use of the Service after such posting will constitute acceptance by you of such changes. The Agreement is date stamped at the top of this document and you agree to review the Agreement for any changes if the current date stamped is more recent than the date stamped the last time you reviewed the Agreement.

Eligibility

You must be eighteen (18) years of age or older to visit or use this Website and Service. By visiting and using the Website, you represent and warrant that You are at least 18 years old and 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 further represent and warrant that You will use this Website and Service in a manner consistent with any and all laws and regulations. Your membership for 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. Membership in the Service is void where prohibited.

User Agreement

This Agreement constitutes your agreement with DateCetera with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by Us from time to time, in Our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

1. 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;

2. 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, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;

3. You will not forward chain letters through the Service;

4. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

5. You will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which

6. 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;

7. You will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, DateCetera systems or to other members' systems in any way; and

8. 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, or full names through your publicly posted information.

Privacy and Use of Information

By using Our Website and all its related services you have also agreed to our Privacy Policy. You acknowledge that

1. We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;

2. We are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and

3. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.

You may not use the Service for any unlawful purpose. If you use the Service for any unlawful purpose, we will release all your information to the legal authorities and/or law enforcement agencies. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Blocking of IP Addresses

In order to protect the integrity of the Service, We reserve the right at any time in our sole discretion to block Members from certain IP addresses from accessing the Website.

Proprietary Information

The Service contains information which is proprietary to Us, our partners, and our Users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to copy, modify, publish, transmit, perform, display, distribute or sell any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge that we are not liable and not responsible to you or any third party for modification, suspension or discontinuance of the Service, regardless of the cause of the interruption or suspension.

Security

Your account is private and should not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password. You are fully responsible for all usage or activity on the Service by users using your username and password, including but not limited to use of your password by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to using them.

Indemnity by You

You agree to indemnify, defend and hold harmless DateCetera, our officers, owners, directors, employees, agents, affiliates, information providers, licensors and licensees, and all other partners (collectively, the "Indemnified Parties") from and against any and all liability, loss, claim, demand and costs, including without limitation reasonable legal fees, which the Indemnified Parties may suffer from your activities on and use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Release from Member Disputes

You are solely responsible for your interactions with other DateCetera.com Members. If You have a dispute with one or more of Our Members, you release Us (and our officers, owners, directors, employees, agents, affiliates, information providers, licensors and licensees, and all other partners) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. We reserve the right, but has no obligation, to monitor disputes between you and other Members.

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.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOU USE DATECETERA.COM AND ALL ITS RELATED SERVICES AT YOUR OWN RISK. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND, WHERE PERMITTED BY LAW, GRANT NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. We do not represent or endorse the accuracy, completeness, timeliness or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by DateCetera, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL DATECETERA, ITS OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY INFORMATION PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY DATECETERA AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE DATECETERA SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE DATECETERA.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER DATECETERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.

Modifications

We may modify this Agreement from time to time. Notification of changes in 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, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Jurisdiction and Governing Law

This Agreement is entered into in British Columbia, Canada. You agree that it will be governed by the laws of the Province of British Columbia and any disputes arising out of this Agreement will be subject to the courts of the Province of British Columbia and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. DateCetera has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of DateCetera, if DateCetera's obligations hereunder are assumed by a third party, DateCetera shall be relieved of any and all liability under this Agreement.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any DateCetera related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy