Welcome to Colorcupid.com, the premier Website ("Website")
specifically established to promote networking between
adults who are single (never married), widowed or divorced
and are at least 18 years of age.
Please take the time to read this Agreement ("Agreement")
before registering for the Service ("Service") of
Colorcupid.com. Upon successful registration, you will
become a member of the Service (a "Member"), and you agree
to be bound by all of the Terms and Conditions (the "Terms")
listed in this Agreement until you are no longer a member.
This Agreement establishes the legally binding Terms of
the use of the Website and your Membership ("Membership") in
the Service and these Terms are subject to change by
Colorcupid, LLC ("Owner") to be effective upon notice.
You may terminate your Membership at anytime, for any
reason. Upon any breach of this Agreement, the Owner
reserves the right to immediately suspend or terminate your
access to the Service without notice.
Eligibility
You must be at least eighteen years of age, single (never
married), widowed or divorced to register as a Member or to
use the Colorcupid Website. By using the Website, you
represent and warrant that you are at least eighteen years
of age, single (never married), widowed or divorced and that
you have the right to enter into this Agreement and will
abide by all of the Terms and Conditions of this Agreement.
Term
As a Member of Colorcupid or a user of the Website this
Agreement will be binding and will remain effective as long
as you are a Member. You may terminate your Membership at
any time or for any reason at your discretion. To terminate
your Membership you must follow the directions as outlined
for removing your profile within your account settings. The
Owner may terminate your Membership at any time for any
reason. If the Owner terminates or suspends your Membership
it will be effective upon sending you notice to the most
current email address that you have provided to Colorcupid.
If you have breached this Agreement and your Membership is
terminated, Colorcupid has no obligations to refund any
unused subscription fees. Once this Agreement is terminated,
certain parts of this Agreement will still remain in effect.
Sections 1 , 4 , 5 , 6 , 8 , 9 ,
Using the service
You will only use the Service in a manner that it was
designed for as outlined by the Owner and that is acceptable
and legal according to all regulations and applicable laws.
As a member, you agree that:
Site Content
By posting information or content on the
"Website" that will be in a public area or
viewable by other Members, you grant the
Owner the ability to delete or modify any
content, profiles, photos, or messages at
the Owner sole discretion. You also
automatically agree to, and you represent
and warrant that you have the right to grant
the Owner and other Members an irrevocable,
fully-paid, non-exclusive, permanent,
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.
If you submit any picture on the Website
that is deemed to be inappropriate, for
example, nudity or an unclear picture the,
Owner reserves the right to remove any such
material from the Service without notice.
You may not distribute or modify
copyrighted material. You may not publish,
display, and/or sell trademarks or
proprietary information without the Owner's
written consent.
Online Conduct
The following is prohibited on the Website
You may not:
Aim to offensively offend any group or
Member through racism, hatred, libel, or
physical harm of any kind.
Use profanity or vulgarity, nor slander,
harass, or threaten Members. At the Owner
sole discretion, the Owner reserves the
right to restrict the amount of emails sent
to another Member or may suspend your
contact with certain Members.
Transmit junk mail, unsolicited mass
mailing, spam, or chain letters.
Provide information to manufacture
copy-protected devices or provide links to
pirated music files or pirated computer
programs
Post any unacceptable material as deemed
by the Owner, which includes, but not
limited to, pornographic photos or nude
images of yourself or others.
Promote information that you know is
false or misleading.
Promote illegal activities or conduct
that is abusive, threatening, defamatory,
obscene, or libelous.
Include any contact information about
yourself or another person in your profile
such as, but not limited to, email address,
street address, telephone numbers, or URL
addresses.
Promote illegal copyrighted work.
Promote material that exploits people
under the age of 18 in a sexual or violent
form.
Solicit any personal information from
anyone under the age of 18.
Promote illegal activities such as
creating or providing instructional
information on how to violate someone's
privacy, create or purchase computer viruses
or illegal weapons.
Participate in commercial activities such
as selling, advertising, and/or using
personal information without the Owner's
consent or using this information for an
unlawful purpose.
Authorize others to use your Membership,
nor may you transfer your account to any
other person or entity
Colorcupid reserves the right to take appropriate
legal action at its sole discretion and/or may
terminate or suspend Membership to violators of the
provision above.
Notices
You acknowledge that you are single
(never married), widowed or divorced. The
Service does not allow Members that are
married or separated. The Website is only
for women seeking men and men seeking women.
The Owner has the right to delete or modify
any photos at its sole discretion.
In no event will Colorcupid be
responsible for the use of any personal
information that a Member chooses to
disclose at their own discretion on the
Service. See Online Dating Safety Advice for
further information
You are solely responsible for your
Contact "(Contact)' with any Members of the
Service whether it is in person, verbal, or
written and are to do so at your own risk.
The Owner and its affiliates assume no
responsibility whatsoever, if harm is
brought to you or others associated to you
(ex: friends, relatives, etc.) as a result
of your Contact in any form with any Member
of the Service including, but not limited
to, physical abuse, assault, verbal abuse,
or death.
The Owner assumes no responsibility for
your use of this Service and the use of this
Service is done at your own risk. The Owner
cannot depict the actual marital status or
any other attributes a Member may or may not
disclose. Furthermore, the Owner does not
guarantee the accuracy, completeness, or
usefulness of any information communicated
by a Member on the Service. Therefore the
Owner is not responsible for any damages or
losses as a result of anyone relying on any
statements made, advice given, or opinions
given. This includes, but is not limited to,
anyone's reliance on information that is
posted or received from members on the
Website. Under no conditions will the Owner
be held responsible.
The Owner reserves the right to change
any of the rights, Terms, privileges,
obligations or charges for Service at any
time with or without providing notice as
deemed appropriate by the Owner. Changes
will either be posted on the Website or
emailed to you at the Owner's discretion. It
is your responsibility to review such
information, which will be regularly posted
to obtain timely notice. By not terminating
your membership in the event that changes
are made to this agreement, it is implied
that you accept the newly modified Terms and
Conditions. This provision will stand even
if you do not read the newly or modified
Terms and Conditions, even if the notice or
email was unsuccessfully received.
Member Disputes
The Owner reserves the right but has no obligation
to monitor arising issues or disputes between you
and other Members. When communicating with other
Members, you are solely responsible for your
interaction.
Indemnity
You agree to indemnify and hold Colorcupid, its
officers, affiliates, employees, agents, third
parties, directors, and other partners harmless of
any losses, costs, liabilities, and expenses
including reasonable attorneys' fees due to or
arising from a breach of this Agreement.
Proprietary Rights
Colorcupid owns and retains all proprietary
rights in the Service and the Website. The Website
and the Service contains the copyrighted trademarks,
material, and other proprietary information of
Colorcupid and its licensors. Except for information
that you have been granted written permission or
that is in the public domain, you will not copy,
modify, transmit, publish, distribute, display,
perform, or sell any proprietary information.
Copyright Policy
It is unlawful to transmit copyrighted material
without a license, expressed consent, valid defense
or fair use exemption. It is also unlawful to use
trademarks or other proprietary information without
having written consent from the Owner of the
proprietary rights. Information that is submitted to
the Website whether it is images, text, or software,
but not limited to, other copyrighted material must
not infringe the copyrights or other rights such as
publicity rights or privacy. If you suspect that
your work or someone else's work has been copied on
the Service and violates copyright infringement
please .
The Owner reserves the right to remove any
questionable copyrighted material while pending
investigation. After confirming that unlawful
infringement has been used on the Website, the Owner
reserves the right to terminate the Service to a
user. The Owner also reserves the right to terminate
the Service to a user while pending investigation if
the beliefs of the Owner are in good faith that
suspected infringement has occurred.
Disclaimer
Colorcupid grants no warranties of any kind for
use of the Service. Colorcupid does not warrant that
defects of the Service will be corrected, secure,
always available for use, uninterrupted, or always
working properly. It is possible for Members,
unauthorized users, or hackers to transmit offensive
content on the Service. It is possible for others to
collect personal information about you due to your
use of the Service. Colorcupid assumes no
responsibility and will not be held liable for any
content that may be involuntarily exposed or used to
harass or harm you.
Limitation on Liability
In no event will Colorcupid be liable to you or
to any third party for any incidental,
consequential, or indirect damages, including, but
not limited to, threats, deaths, or injuries
committed by any other user. In no event will
Colorcupid be liable for such indirect damages but
not limited to damages as a result of loss of data,
loss of programs, service interruption cost or
procurement of using another substitute service as a
result of using the Website or the inability to use
the Website. The Owner will not be held liable even
if the Owner or affiliates or third parties have
been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained
herein, Colorcupid's liability to you 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 to Colorcupid, for the Service
during the term of membership.
General Provisions
In the event that there is any dispute arising
from or in relationship to this Agreement, you agree
that "Florida laws" govern this Agreement, without
regard to its conflict of provisions. This Agreement
is accepted upon completed registration for
Membership at Colorcupid. Any legal proceedings
arising out of or relating to this Agreement shall
be resolved in the courts of the incorporating
jurisdiction as it may pertain to the Owner. Some
jurisdictions may not enforce warranty disclaimers
and limitations of liability, however these
limitations of liability and disclaimers of warranty
do not pertain to you.
This Agreement, accepted upon use of the Website and
acceptance upon becoming an affirmed Member of the Service,
contains the entire Agreement regarding the use of the
Website and Service. The Owner may rely upon this Agreement
as noted. This is a legally binding Agreement and if any
provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect.
By accepting this Agreement you acknowledge that you have
read this Agreement and agree to all of the provisions
contained in the Agreement.
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