TERMS OF SERVICE - USER AGREEMENT
This website and its component services (referred to herein as "Site" or "Service") are presented to you on the terms and conditions set forth below by HappyTimeSingles.com. By accessing this Site or using this Service, you ("You") agree to be bound by each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Site or Service, you hereby state and affirm that You have read, understood in full, and agree with, and agree to be bound by, all of the following terms of service which constitute a legal agreement between you and the Company (hereafter, the "Agreement"):
1. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be at least 18 years of age (21 in some jurisdictions). By accessing or using this Service, You represent and warrant that you are of legal age in your jurisdiction and competent to enter into binding contracts. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to the Company on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber.
By using the Service, You expressly authorize the Company to communicate with you via electronic messaging, to the email address you have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
2. MEMBER INTERACTIONS / SAFETY / RELEASE
Use common sense and caution when interacting which persons who are new acquaintances, including interactions with other users of this Service. This Service does not conduct criminal background screenings on its members. You agree that You are solely responsible for Your interactions with other users, both on and off the Site. You are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another user or member. Company does not guarantee the authenticity of any member profile. You release the Company, its officers, directors, employees and agents from all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to Your use of the Service or Your interactions with any person or profile through, at or in connection with the Site.
Under no circumstance will Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Service including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users, members or profiles.
3. PROHIBITED BEHAVIOR
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Site but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any Members.
- post any Content that is prohibited by Section 4.
- "stalk" or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site, Service or its contents.
- collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site.
- interfere with or disrupt the Service or the Site or the servers or networks connected to the Service or the Site.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third party software).
- "frame" or "mirror" any part of the Service or the Site, without the Company's prior written authorization.
- use meta tags or code or other devices containing any reference to the Company, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other Site for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
4. POSTED CONTENT - RULES & RESTRICTIONS
The Rules and Regulations application to materials, messages and information you post on this Site or through the Service are set forth below. In essence, we demand that you RESPECT THE RIGHTS OF OTHERS. Please familiarize yourself with the full explanation of the rules and regulations below.
You are solely responsible for any content you post or upload or transmit on the Site or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright, trademark and rights of privacy/publicity.
You represent and warrant that any images you post shall be only of yourself or, if the image includes another person or persons, such persons are eighteen years or older, and that You have obtained the express permission of such other persons to legally permit you to post their image on the Site and that no compensation is due or owing to them as a result thereof.
You are prohibited from posting any 'sexually explicit' image, whether that explicitness image is actual or simulated, as defined in 18 U.S.C. 2257 and 2257A, respectively. You cannot post an image that depicts bondage or masochism or sadism, whether actual or simulated.
You may not post phone numbers, street addresses, last names, or email addresses in areas of your profile that can be accessed by other Members. You agree that any content you post on the Site to be viewed by other Members may be viewed by any visitor to the Site or participant in the Service and that you have no expectation nor right of privacy to content you post.
You may not post, upload or transmit materials or messages that:
- that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Site or Service;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- 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 images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The Company can remove any images, texts, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment to violate these terms or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, phishing, spoofing or other unlawful activity and You agree not to post any such content. The Company's deletion of any content - or termination or suspension of your membership for so doing - does not, in any way, impact the Company's status as the provider of an interactive computer service.
5. CONTENT MANAGEMENT
The Company proactively reviews Member generated content to ensure it complies with the rules and proscriptions set forth in Section 4, above, and also to block non-sensical content (garbled or random text). This review is performed prior to the posting of the content. Noncompliant content shall not be allowed for display on the Site or publication through the Service.
The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in this Agreement is intended to waive or remove any such immunities and privileges.
6. LIMITATION OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service cannot be used by businesses or organizations. In no event can You use the Service to send spam to members, or to send marketing materials, or use the Service to sell products or services.
7. DISCLAIMERS AND CLARIFICATIONS
Number of Members: The number of members shown on the Site reflects the aggregate number of members over the life of the Site, and may not accurately reflect the exact number of current members.
You agree to indemnify and hold the Company, and its affiliates, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to, text or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
9. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION BY COMPANY
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
11. CANCELLATIONS AND REFUNDS
Subscribers can cancel this service at any time by contacting our customer service agents. If you cancel your membership via the Site, we may ask you to provide a reason for your cancellation. If you cancel your subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. You can delete your profile from the "Account Settings" page or by contacting customer support.
REFUNDS: Generally, purchases are final and non-refundable; however, if you are unhappy with the Service you may contact customer service and request a refund of the last month's charge. In circumstances where there has been a billing error, a refund shall issue. Thus, if you believe you have been incorrectly charged, whether through a duplicate billing or otherwise, please contact customer service at firstname.lastname@example.org so that we may immediately correct the matter. For non-billing-error related refund requests, we will endeavor to resolve the situation to your satisfaction. Should a refund be issued, all refunds will be credited to the credit card that was used to make the original purchase.
12. DEALINGS WITH ADVERTISERS/MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
The Company grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
All disputes arising out of or in connection with this Agreement or Your access to or use of the Site or any Service must be submitted to and settled under binding arbitration instead of Court.
For U.S. Residents, because the Site and Service involve interstate commerce, the Federal Arbitration Act will govern arbitrability of all disputes. The arbitration will be conducted before the American Arbitration Association (AAA) before a single arbitrator as a single action and in no even as a class action. The arbitration will be held in the County of residence of the aggrieved party or conducted via telephone or teleconference from a mutually agreed location.
For non-US residents, arbitration will be held under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in the United Kingdom or other mutually agreed upon location. In such event, this Agreement shall be governed by the laws of the England and Wales.
Each party shall be responsible for their share of arbitration costs and their own attorneys' fees, unless the arbitrator determines the claim to be frivolous in which case costs and fees can be shifted in the award. The arbitrator's decision and award may be entered and enforced in any court having jurisdiction.
16. NO CLASS ACTION
As a material inducement to Company's offering of the Site and Service to You, and for entering into this Agreement, You represent, warrant, covenant and agree that You shall not initiate, nor participate in - whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties - any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its directors, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, You acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief and to attorneys' fees and costs, without waiving any additional rights or remedies available at law or in equity or by statute, in the event of actual or threatened breach of this provision by You.
Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL DAMAGES RESULTING FROM EMOTIONAL DISTRESS OR ANY OTHER HARM OR INJURY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS OR COMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE . THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. YOU EXPRESSLY RELEASE AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY CLAIM, WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION OR ANY OTHER LEGAL THEORY, BASED ON OR ARISING FROM YOUR USE OF THE SITE OR YOUR COMMUNICATIONS WITH ANY PROFILE OR PERSON APPEARING ON THE SITE OR ANY COMMUNICATION WITH ANY PROFILE OR PERSON WHATSOEVER THROUGH THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. COPYRIGHTS / CONTENT TAKE DOWN PROCEDURE
The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder.
If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's DMCA Agent (see below), via email attachment, the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 Site;
- your name, 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 written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
22. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment method) for periodic recurring subscription fees according to the then-current billing terms for the Service.
AUTOMATIC RECURRING BILLING: Monthly rates of your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you are cancelling your subscription prior to the end of the preceding billing period. You are liable for any subscription charges incurred by you up to and until termination of the Service.
You hereby further authorize Company or its payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products or services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to your issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render you liable to the Company for liquidated damages in the amount of $2,500.00, representing a good faith effort of the parties to approximate actual losses to the company with the acknowledgement that calculation of actual damages is inherently difficult. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the Company and its payment processing agent via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify, agent and Company disclaim any and all responsibility for charges posted to a lost or stolen credit card. Your subscription cannot be assigned or transferred to any other person or entity. You must promptly inform the Company of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
23. DISPUTES AMONG OR REGARDING USERS
The Company is not responsible for the messages or content posted to or transmitted through the Site. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may not have infiltrated the Site. Company does not guarantee the authenticity of any profile appearing on the Site. Use caution and common sense when dealing with another user or Member, and You are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another user or Member. Company does not guarantee the authenticity of any profile.
You release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to Your use of the Service and/ or Your interactions with any other person or profile through or at the Site.
The Company has no obligation whatsoever to monitor disputes between users, but reserves the right to do so in its sole discretion.
24. VIOLATIONS / COMPLAINTS
Please report any violations of this Agreement, or complaints regarding the Service or the conduct of a user of the Service*, to our Customer Service Department at email@example.com. Should customer service be unable to resolve your complaint to your satisfaction, please inform customer service that you desire to elevate your complaint to managerial review. To accomplish this, please submit via email a written statement, setting forth your complaint in detail, to customer service that includes a written request that your complaint be reviewed by management. (* For complaints regarding alleged copyright infringement, please see Section 21.) Management will review any complaint so submitted and will respond in a timely manner.
25. PAID TRIAL AND MONTHLY MEMBERSHIPS
SHOULD YOU ACCESS THE SITE ON THE BASIS OF A PAID TRIAL MEMBERSHIP, BE ADVISED THAT ALL TRIAL MEMBERSHIPS WILL AUTOMATICALLY BECOME A REGULAR MONTHLY MEMBERSHIP SUBSCRIPTION AT THE END OF THE TRIAL PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD BY USING THE ONLINE TOOLS PROVIDED BY OUR PAYMENT PROCESSING AGENT(S), EMAILING HELP@HAPPYTIMESINGLES.COM, OR CALLING THE CUSTOMER SERVICE DEPARTMENT.
PAID MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY RATE (as specified on the site's UPGRADE page) UNTIL YOU CANCEL YOUR MEMBERSHIP. UNLESS REFUNDED FOR GOOD CAUSE SHOWN, MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE YOUR OBLIGATION TO PAY, AND WE WILL PURSE BY COLLECTION AGENCIES OR OTHER LAWFUL MEANS ANY SUBSCRIBER WHO DEFRAUDS VIA CREDIT CARD CHARGEBACKS OR REFUNDS.
COMPANY RESERVES THE RIGHT TO DETERMINE WHICH CONTENT MAY BE ACCESSIBLE TO TRIAL SUBSCRIPTION MEMBERS. TRIAL MEMBERSHIP CONTENT ACCESS MAY BE LIMITED. TO RECEIVE ACCESS TO ALL SITE CONTENT IT MAY BE NECESSARY TO UPGRADE THE TRIAL MEMBERSHIP TO A FULL PRICE SITE SUBSCRIPTION.
Upon subscribing as a paid member, YOU hereby authorize COMPANY's payment processing agent(s) as disclosed on the "join page" of the website to charge your credit card (or other approved payment facility) for periodic RECURRING subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be AUTOMATICALLY renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the COMPANY or the payment processing agent utilized that you wish to cancel your subscription prior to the end of the preceding billing period. Whether or not termination is at your request, YOU are liable for any subscription charges incurred by you up to and until termination of the Service.
All charges will appear on your credit card statement according to the terms of service of COMPANY payment processing agent. YOU hereby further authorize COMPANY payment processing agent to charge your credit card (or other approved payment method) for any and all purchases of products, services and entertainment made by YOU through the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
27. ADDITIONAL USER AGREEMENT
By using this Service and/or applying for membership and subsequently becoming a member of this site, you hereby state and affirm that:
27.1. You are at least 18 (eighteen) years of age.
27.2. You acknowledge you cannot, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.
27.3. You shall be issued a Username and Password in order to gain access to this site and all content therein. You agree and understand that the Username and Password, and all material viewed must remain under your personal control and you assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of majority to view, examine, or be subjected to the material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. You further agree that you shall use the Username and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. You further agree you will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.
27.4. You understand that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. For that reason the You agree and understand that the membership will continue with full force and effect for the period of time you are subscribed. You understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this site to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this site cannot guarantee compatibility of your equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, or on-line service.
27.5. You understand that you access this site voluntarily and you assume all risks in doing so. You are responsible for your own actions and agree to hold Company completely and irrevocably harmless from your own actions
27.6. You further assume all responsibility and liability for transmitting data or material(s) and all contents of said data, at your own risk, to or from this site's Web Server, by any known or as yet unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof
27.7. You are prohibited from soliciting this site's users or members for any product, service, website, or anything other than the expressed purpose of this site as an internet personals site.