Terms & Conditions

Thank You for Your interest in joining Date My Friend®. This Website, and all other Date My Friend® activities are owned and operated by Date My Friend, LLC (hereinafter “DMF”). This Agreement represents the Terms and Conditions that you agree to be bound by and to abide by when becoming a member of Date My Friend, using this Website, and attending Date My Friend events. These Terms and Conditions may be modified at any time solely by DMF and without prior notice to You. Any such modifications become effective immediately upon posting to the DMF Website. This Agreement incorporates by reference DMF's Acceptable Use Policy, DMF's Privacy Policy, and any notices regarding the Web site and it’s use thereof. Any contradictions between the aforementioned incorporated Agreements and the Terms and Conditions shall be resolved in favor of the language of the Terms and Conditions.

Please carefully review this Agreement. Please feel free to contact us with any questions at info@datemyfriend.net. These Terms and Conditions govern all use of the Website. As a condition for becoming a Member, you must indicate your acceptance of the Terms and Conditions herein by following the instructions at the bottom of this page. However, by simply viewing and using the Website you will be assenting to be bound by the Terms and Conditions and the Agreements incorporated by reference. Please note no revisions or amendments to these Terms and Conditions will be accepted.

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 by following the instructions on the My Account page. DMF may terminate your membership for any reason, at any time. If DMF 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, those provisions that survive termination will remain in full force and effect and this Agreement will remain in effect anytime you access and/or use the Website.

Non-Commercial Use by Members
The Web site is for the personal use of individual Members and their Guests only, and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and shall not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including, but not limited to, collecting usernames and/or email addresses of members by electronic or other means for any purpose including the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, reported to the appropriate authorities, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. By using this site, and agreeing to the terms and conditions herein, you expressly release DMF from any and all liability due to the illegal, immoral and/or unethical uses by third parties, individual Members and/or their Guests.

Content Posted on the Site
You understand and agree that DMF may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of DMF either violates this Agreement or is otherwise objectionable according to reasonable prurient standards. Should you choose to post a profile of yourself on our Web Site, your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you, and profiles that contain violent, illegal or sexual content. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members and/or individuals. DMF shall assume no liability in connection with the misappropriation, intentional, unintentional, malicious, reckless and/or mistaken identification by a Member, third party or Member Guest.

By posting Content to any public area of the DMF Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information, photos and other content and to prepare derivative works of, or incorporate into other works, such information and content (“use”), and to grant and authorize sublicenses of the foregoing. You agree to indemnify and hold DMF harmless for any liability DMF incurs as a result of its use of your content, whether such liability is alleged to be negligent, reckless or intentional.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. DMF reserves the right, but not the obligation, to investigate, report to the appropriate authorities 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, but is not limited to, Content that:

1. 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;

2. Harasses or advocates harassment of another person;

3. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

4. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

5. 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;

6. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

7. Displays pornographic or sexually explicit material of any kind;

8. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

9. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

11. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and

12. Contains Spyware and/or any other tracking software.

Through your use of this site and/or your express acceptance of the Terms and Conditions, you warrant and represent that you will not post material that violates the express and implied provisions of this Agreement. DMF assumes no responsibility to regularly monitor the content of the site except to the extent required by law. Nor does DMF warrant that the site is free from offending and/or damaging material. Thus, you agree that your use of this site is at your own risk and that you waive your right to sue DMF for any reason related to such exposure. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through this Web Site. You may not transmit any chain letters or junk email to other Members. DMF cannot monitor the conduct of its Members off the Web site and has only a limited ability to monitor its Members on the Website. However, it is a violation of these rules to use any information obtained from the Website 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, DMF reserves the right to restrict the number of e-mails that a Member may send to other Members in any 24-hour period to a number which DMF deems appropriate in its sole discretion.

Limitation of Liability for Use of Web Site
Under no circumstances, including, but not limited to, negligence, shall DMF be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if DMF, or a prior authorized representative of DMF, has been advised of the possibility of such damages. DMF will not be liable for any damages of any kind, including consequential or incidental damages, arising from the installation, submission, maintenance, transmission, modification, copying, distribution or any use of any materials to the fullest extent of California law. In no event shall DMFs total liability to you for all damages, losses, and causes of action (whether in contract, or including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Limitation of Liability at DMF Parties
Under no circumstances, including, but not limited to, negligence and/or intentional acts, shall DMF be liable for any special, incidental and/or consequential damages that result from your attendance at a Company event of any kind. Company will not be liable for any damages of any kind, including consequential or incidental damages, arising from any purposeful, negligent, accidental, willful, malicious, unwelcome and/or wanton act committed by either you or any third-party at all, whether or not said act resulted in any injury of any kind.

Injunctive Relief
You and DMF understand and acknowledge that DMF may suffer on-going, irreparable injury should you fail or refuse to comply with DMF to cease and desist your use of the website and/or your attendance at DMF functions. Thus, DMF has the sole right to seek any form of relief available to it in law and/or equity, including injunctive relief, for your alleged breach or misuse of the Website.

Disclaimer
NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE MATERIALS IN, OR OPERATIONS OF, THIS WEBSITE. IN PARTICULAR, DMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DMF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DMF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DMF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THESE RULES REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND DMF AND MAY NOT BE MODIFIED EXCEPT BY A SIGNED WRITTEN AGREEMENT.

Jurisdictional Issues
This agreement, and all rights and liabilities arising therefrom, shall be governed by and construed according to the laws of the State of California without regard to choice of law rules. If any provision of this agreement shall be declared by a court of law invalid, illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and all other provisions shall remain in full force and effect. This and all other Agreements adopted by reference herein represent the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. This site is controlled and operated by DMF from its offices within the State of California. DMF makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from DMF's site(s), and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise and removing any materials you posted anywhere on the site. Termination by you is not effective if you do not remove or request in writing that DMF remove any and all materials, documents, pictures, and the like that you posted on the site during the term of this Agreement. Should you continue to access the site after terminating this Agreement, your access and/or use of the site requires your agreement that you continue to be bound by these Terms and Conditions. This agreement will terminate immediately without notice from DMF if in DMF's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other of DMF's site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.

Restrictions on the Use Of Materials
Date My Friend^®, LLC, owns this site and all the content contained herein, unless otherwise noted. No information, communications, software, photos, text, video, graphics, music sounds, images and/or other materials and services (collectively "Content") may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed without the prior written permission of DMF. Modifications or use of the Content for any commercial purpose is a violation of copyright, trademark and other proprietary (including intellectual property) rights (collectively "Rights"). These Rights are valid and protected in all media now existing and/or later developed, and except as specifically provided in these terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

Unsolicited Third-Party Ideas and E-Mail Messages
DMF encourages its users to share their comments and ideas with other users and with us. All remarks, suggestions, ideas, graphics, or other information communicated to DMF through this site (collectively the "Submission") will forever be the property of DMF. DMF will not be required to treat any such submissions as confidential, and will not be held liable for the use of any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities to any Submission that may appear in future marketing efforts or operations. Without limitation, DMF will have exclusive ownership of all present and future existing rights to the Submission to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such Submission. DMF will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not DMF, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.