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BikerSingle.com
Service Agreement
This is a legal agreement ("Agreement")
between you and Viral Productions Inc. (the
"Owner"), which will apply to you in respect
of any and all services offered by or acquired from the
BikerSingle.com web site (the "Site") located at
www.BikerSingle.com (the "Service"). Upon
successful registration, you become a member of the
Service (a "Member"), and you agree to be
bound by all of the terms and conditions of this
agreement (the "Terms") for as long as you
remain a Member, in addition to our Email, Acceptable
Usage, Privacy and other terms and conditions posted on
the Site from time to time. IF YOU DO NOT AGREE TO THESE
TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME A
MEMBER OF THE SERVICE.
THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN
RISK!!!
The Owner or You may terminate this agreement at any
time, for any reason whatsoever, effective upon sending
written notice to the other party. If you send a notice
of termination, your membership shall concurrently
terminate, without an obligation to make a payment,
rebate or refund on the part of the Owner. The Owner
does however reserve the right to suspend or terminate
your membership at any time, without notice, if you
breach this Agreement or any other terms and conditions
posted on the Site from time to time.
The Owner assumes no responsibility whatsoever for your
use of the Service. It is for your sole, personal use
and you may not distribute your user name and password
allowing others to use the service through your
membership. Use of the service is strictly prohibited to
minors or any person under the age of 18, regardless of
whether you have parental consent.
As a member, you agree that:
- You will
only use the Service in a manner that is accepted
and legal according to all applicable laws and
regulations.
- You will
adhere to our email and acceptable use policies
and all other terms and conditions relating to
your usage of the Services in respect of the Site,
and will not transmit chain letters, junk
messages, advertisements or any type of
solicitation whatsoever of any products or
services to any other Members of the Service.
- You will
not in any way copy, modify, publish, transmit,
display, sell, distribute or reproduce copyrighted
material, trademarks or other protected
proprietary information without the express
written consent of the owner of such materials.
- By
posting information or content to any public area
of the Service, you automatically grant, and you
represent and warrant that you have the right to
grant the Owner and other 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.
- Your use
of the service is strictly at your own risk and
you are solely responsible for your contact,
whether it be written, verbal or in person, with
any other Member of the Service. The Owner and its
officers, directors, employees, agents, affiliates
and third parties assume no responsibility
whatsoever for harm that may come to you as a
result of your contact (of any form) with any
other Member of the Service (including but not
limited to emotional, verbal and physical abuse or
assault)
- You will
not communicate, publish or display to any other
Member any form of defamatory, slanderous,
offensive, inaccurate, abusive, profane, obscene,
sexually offensive, threatening, harassing,
racial, or illegal material, including but not
limited to nude photos of yourself or others,
pornographic photos or images and any other type
of unlawful or unacceptable material, as decided
by the Owner. The Owner reserves the right to
remove any such material from the Service without
notice.
- You will
not engage in, and the Owner is not be responsible
for, any form of harassment, offensive or abusive
behavior of any kind whatsoever that may be
harmful to any other Member of the Service
(including but not limited to physical and
emotional damage).
- You will
not use the Site, Services or your profile for any
purpose other than to seek other persons for
meeting, friendship or dating; the Service and
profiles shall not be used for any commercial
purpose whatsoever (including but not limited to
escorts, commercial or non-dating solicitations,
or otherwise). Organizations, companies, and/or
businesses may not become members and should not
use the Service or the Site for any purpose.
Illegal and/or unauthorized uses of the Site,
including collecting usernames and/or email
addresses of members by electronic or other means
for the purpose of sending unsolicited email,
forwarding commercial or other offers to other
Members by this Site or by email or other means
external to the Site, and unauthorized framing of
or linking to the Site will be investigated, and
appropriate legal action will be taken, including
without limitation, civil, criminal, and
injunctive redress.
- In order
to protect our Members from improper advertising
or solicitation, and to maintain usage integrity
on the Site, we reserve the right to restrict
access by all Members to all or certain elements
of the Service on a per-action basis (including
messaging, or otherwise), such levels to be
determined in our sole discretion from time to
time, whether determined in respect of a 24 period
or otherwise.
- You will
not include any contact information or identifying
content of yourself or another person in your
profile. In the event that such unauthorized
information has been included in your profile
(determined by the Site, in its sole discretion)
you authorize and agree that the Site may carry
out the following: (i) immediately suspend or
remove your profile, until such time as the breach
is remedied; or (ii) remove or obliterate all or
any portion of such prohibited information, and
allow the remainder of your profile to be posted
on the Site.
- You agree
we reserve the right change any of the terms,
rights, obligations, privileges or institute new
charges for access to or continued use of Services
at any time, with or without providing such notice
as the Site may determine appropriate. All changes
will be posted online or may be emailed to you at
the Owner's discretion, and you are responsible
for reviewing the information and terms of usage
as may be posted regularly to obtain timely notice
of such changes. Continued use of the Services or
non-termination of your membership after changes
are posted or emailed constitutes your acceptance
or deemed acceptance of the terms as modified,
regardless of whether the notice or email was
successfully received, read, or lost during
transmission
You will
defend, indemnify, and hold harmless the Owner and
Relationship Exchange Company ("REC"), as
the provider of the Site infrastructure, their
officers, directors, employees, agents, affiliates and
third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees on a
solicitor and his own client basis) relating to or
arising out of your use of the Site or Service,
including any breach by you of the Terms of this
Agreement and our Email, Acceptable Usage, Privacy and
other terms and conditions posted on the Site from
time to time.
Please note you may be involuntarily exposed to
offensive or obscene materials on the Service that may
have been posted by Members, hackers or unauthorized
users from time to time. Please note that it is
possible for others to obtain your personal
information and use it to engage in an action that may
be harmful to you or injure you. The Owner is not
responsible for the use of any personal information
that you choose to display, publish or distribute to
other Members.
THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION,
WHETHER ON THE BASIS OF COMPLAINTS OR ON ITS OWN
INITIATIVE, TO MONITOR ANY MESSAGING OR OTHER ACTIVITY
AND THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE
SERVICE, AND TO REVIEW USAGE, ACTIVITY OR THE CONTENT
OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES WHICH
ARE OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE
SERVICE. THE OWNER SHALL HAVE THE RIGHT IN ITS SOLE
DISCRETION TO REMOVE ANY MATERIAL OR PROFILES,
REGARDLESS OF WHETHER THE OWNER DETERMINES THAT SUCH
MATERIALS OR PROFILES VIOLATE, OR ARE ALLEGED TO
VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT
UNDERTAKE TO MONITOR, CONTROL OR EDIT ANY
COMMUNICATIONS BETWEEN ITS USERS, AND SUCH
COMMUNICATIONS MAY BE OFFENSIVE TO YOU. YOU ASSUME
FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE
USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE
FOR EVALUATING THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL SERVICES, PRODUCTS, COMMUNICATIONS,
AND OTHER INFORMATION. ALL COMMUNICATIONS BETWEEN
USERS ARE AT THE USER'S SOLE CONTROL AND RISK.
IN NO EVENT WILL REC, ITS AFFILIATES OR THE OWNER BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS,
THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER
USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS,
COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF
SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN
IF THE OWNER, REC OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE LIABILITY TO YOU BY REC, ITS
AFFILIATES, OR THE OWNER 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
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL REC, ITS AFFILIATES OR THE
OWNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING
FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR
TRANSMITTED TO MEMBERS. NEITHER REC, ITS AFFILIATES
NOR THE OWNER 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. THE SERVICE IS PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL
COMMUNICATION WITH THE OWNER, REC, ITS AFFILIATES OR
OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE
SERVICE. REC, ITS AFFILIATES AND THE OWNER
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NEITHER REC, ITS AFFILIATES NOR THE
OWNER WARRANT THAT YOUR USE OF THE 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.
REC, ITS AFFILIATES AND THE OWNER DISCLAIM 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
SITE OR SERVICE.
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.
This Agreement as construed between the Owner and you
is governed under the laws of the jurisdiction of
incorporation of the Owner, regardless of conflicts of
law principles. However, this Agreement as construed
between REC, its affiliates and yourself shall be
governed under the laws of the Province of Alberta,
Canada, regardless of conflicts of law principles. Any
disputes or legal proceedings arising out of or
relating to this Agreement shall: (i) as they pertain
to the Owner, at the Owner' election be determined
via arbitration in the jurisdiction of incorporation
of the Owner (pursuant to the arbitration rules
designated by the Owner), or in the courts of the
jurisdiction of incorporation of the Owner; and (ii)
and as they may pertain to REC or its affiliates, at
REC' election shall be shall be determined via
arbitration in the Province of Alberta, Canada
(pursuant to the arbitration rules designated by REC),
or in the courts in the Province of Alberta, Canada.
This Agreement will not be governed by the United
Nations Convention on Contracts for the International
Sale of Goods. The Parties agree that the performance
of this Agreement, in all its aspects as it pertains
to the Owner, does not take place outside of the
jurisdiction of incorporation of the Owner, and
performance of this Agreement, in all aspects as it
pertains to REC, its affiliates and yourself, does not
take place outside of the jurisdiction of Province of
Alberta, Canada.
This Agreement, accepted upon registering for the
Service, contains the entire Agreement regarding the
use of the Service. This Agreement may be relied upon
by REC as noted above, and may only be amended as it
pertains to REC with the express consent of REC.
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.
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