“User” means any person who browses the Website;
“Profile” means the section of the Service containing details, photograph(s) and/or other information about You;
“Agreement means the agreement between You and Us incorporating these terms and conditions for the provision of the service;
Firstclassdating4u. (“Firstclassdating4u”) is the exclusive owner and operator of firstclassdating4u.com (the website);
As used in this Agreement, "We" and "Us" means Firstclassdating4u or any successor or assign of Firstclassdating4u.
“Service(s)” refers to your use of firstclassdating4u.com (the website) for any purpose whatsoever;
“Website” means Our website at URL www.firstclassdating4u.com (or such other URL that We may use to provide the Service from time to time);
This Agreement constitutes your agreement with Firstclassdating4u 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:
a. 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;
b. 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 or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
c. You will not forward chain letters through the Service;
d. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
e. You will not post messages, pictures or recordings or use the Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law; and
f. 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.
g. 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, Firstclassdating4u systems or to other members' systems in any way.
h. 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.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by Us and subject to change 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 and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other 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 Oour sole discretion, and You may be referred to appropriate law enforcement agencies.
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 modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that We are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by Users using your password, including but not limited to use of Your password by any third-party.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
As between You and Us, all intellectual Property Rights in connection with the Service shall be owned by Us absolutely. You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent. You warrant and represent to Us that the information posted in Your profile is posted by You and that You are the sole author of Your profile. You assign to Us with full title guarantee all copyright in Your profile. You waive absolutely and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction. You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law. We will use Our reasonable commercial endeavours to keep Your personal details such as your surname and e-mail address confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE FIRSTCLASSDATING4U.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. FIRSTCLASSDATING4U SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
FIRSTCLASSDATING4U PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE FIRSTCLASSDATING4U.COM WEBSITE AND OTHER MEANS OF DISTRIBUTION. FIRSTCLASSDATING4U DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON FIRSTCLASSDATING4U.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY FIRSTCLASSDATING4U IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY FIRSTCLASSDATING4U, 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 MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FIRSTCLASSDATING4U, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT 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 FIRSTCLASSDATING4U AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE FIRSTCLASSDATING4U 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 FIRSTCLASSDATING4U.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 FIRSTCLASSDATING4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold harmless Firstclassdating4u and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. Firstclassdating4u reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.
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.
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 Firstclassdating4u 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.
© Firstclassdating4u.com, 2007