TurtleDate TOS

TurtleDate.com Terms of Service Agreement (TOS)

IMPORTANT NOTICE!
By Registering with this Service, You are certifying that You have read the TERMS OF SERVICE AGREEMENT and that You agree to be bound by the terms and conditions as defined in the TERMS OF SERVICE AGREEMENT.

TERMS OF USE AGREEMENT TERMS OF USE AGREEMENT

Welcome to TurtleDate.com, an online dating service providing tools for adults to meet and communicate with each other online.

By using the TurtleDate.com Website, you agree to be bound by these Terms of Use (this "Agreement") regardless of whether or not you register as a Member. If you wish to register as a Member, communicate with other Members, or otherwise make use of the TurtleDate.com Website services, read these Terms of Use. Your action of Registering through the online Registration Process at TurtleDate.com indicates your acceptance of them. By registering as a member of this Service, you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THIS SERVICE. TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT ANY TIME, EFFECTIVE UPON POSTING BY TURTLEDATE.COM ADMINISTRATORS OR REPRESENTATIVES ON THE WEBSITE.

MEMBER ELIGIBILITY: You must be eighteen or over to Register on TurtleDate.com or use the services on the Website. Membership in the Service is void where prohibited. By registering as a Member, you represent and warrant that you are at least 18 years old. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

TERM AND TERMINATION: This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by removing your profile without explanation by following the instructions In the Member pages in the Account Settings, or upon receipt by TurtleDate.com of your written or email notice of termination. TurtleDate.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to TurtleDate.com. If TurtleDate.com terminates your membership to the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees, and TurtleDate.com may continue to bar your use of the Service in the future. This Agreement will remain in effect even after membership is terminated.

REGISTRATION AND SUBSCRIPTION FEES: Although you may register as a Member of the Service for free, and outside of any entitlement to a free trial of either a term agreement or of contact tokens (alternately referred to as "stamps"), if you wish to communicate with other members and use certain other parts of the Service, you must become a subscribed member and pay the fees that are set out in Our most current price list. Members who purchase only contact stamps are not subscribed members. This price list is part of this Agreement. We may change any fees or charges for using the Service. To be a Member, you must register with the Service. Upon registering as a Member, You agree to continue to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"). You agree that we may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and you will not be entitled to a refund for unused subscription fees.

NON-COMMERCIAL USAGE:. The TurtleDate.com Website is for the personal use of individual Members only. It may not be used in connection with commercial endeavors. Organizations, companies, and/or businesses may not be Members. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for any purposes and unauthorized framing of the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

PROPRIETARY RIGHTS: TurtleDate.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of TurtleDate.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any of Our public area, You automatically grant, and you represent and warrant that You have the right to grant, to Us 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 sub-licenses of the foregoing.

WEBSITE CONTENT AND YOUR USE OF THIS SERVICE:

1) You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other Members. We reserve the right, but We have no obligation, to monitor and/or mediate disputes between You and other Members. By registering with this service you agree that:
- You will not post on the Service, or transmit to other Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- You will not "stalk", harass, slander, or otherwise behave in any manner of aggression or antagonism toward any person.
- You will use the Service in a manner consistent with any and all applicable laws and regulations.
- You will not include in Your profile any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where asked for it in the Confidential Personal Information section.
- You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with these prohibitions and we shall not refund You unused subscription fees.
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Members.
- You will not impersonate any person or entity.
- You will not misrepresent any business, organization, institution, group, or other entity.
- You will not express or imply that any statements you make are endorsed by Us, without Our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or otherwise engage in any practice for the purpose of gathering information on or about members, subscribers, registrants, or any other proprietary or non-proprietary data for use outside of the TurtleDate.com Service.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service, without Our prior written authorization.
- You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
- You will not promote false or misleading information, promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- You will not promote illegal or unauthorized copies of copyrighted work, pirated computer programs or music files, or links to pirated program or music files. You will not provide information to circumvent manufacture-installed copy-protect devices.
- You will not provide material that exploits people under age 18 in any sexual or violent manner, material that solicits personal information from anyone under age 18.
- You will not promote material that provides instructional information on illegal activities, making or buying illegal weapons, violating someone’s privacy, or providing or developing computer viruses.

2) By becoming a member You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us these include: message notification e-mails, “Your Match” e-mails, e-mails informing you about events and parties We organize, e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Should You not wish to receive any of our e-mail communications please do not register with Us for the Service or terminate your Membership with Us.

3) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate or delete your account for being "inactive". "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in our sole discretion. The amount of time that We currently considers as a "particular" period of time is 90 days. Therefore, You must login to the Service at least once every 90 days from the date Your Membership has been activated or Your profile will be purged from the Service.

4) Our customer service Employees are here to provide assistance and guidance to You. When speaking to Our customer service Employees on the phone, or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service Employees feel, at any given point, threatened or offended by Your conduct, we reserve the right to immediately terminate your membership and You shall not be entitled to any refund of unused subscription fees.

PRIVACY: Use of the Website and/or the Service is also governed by our Privacy Policy.

INTELLECTUAL PROPERTY: All intellectual property rights in the Service shall be owned by Us absolutely these include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this website are the property of their respective owners.

LIMITATION ON LIABILITY: Except in jurisdictions where such provisions are restricted, in no event will TurtleDate.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if TurtleDate.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TurtleDate.com’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 TurtleDate.com for the Service during the term of membership.

U.S. EXPORT CONTROLS: Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our Customer Service department by clicking: contact us.

DISPUTES: This Agreement is governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of Rochester. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

INDEMNITY You agree to indemnify and hold TurtleDate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

OTHER: This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and TurtleDate.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement. TurtleDate.com is a trademark of LynSys Software Services.

DISCLAIMERS:

WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Turtledate.com assumes no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. TurtleDate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. TurtleDate.com does not guarantee that any defects in the Service or defects in supporting Services will be corrected.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.

We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. You may be involuntarily exposed to offensive or obscene materials on the Service posted or transmitted by Other Members or users (including unauthorized users, or "hackers") may post or transmit. It is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. We 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 Service.

WE DO NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, AND DEATH.

WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

IMPORTANT NOTICE!
By Registering with this Service, You are certifying that You have read the TERMS OF SERVICE AGREEMENT and that You agree to be bound by the terms and conditions as defined in the TERMS OF SERVICE AGREEMENT.