FindHubby Terms of Use
The eLoveMarket.com & Findhubby.com service (the "Service") is provided by eMedia Marketing Corp, a Florida corporation, with offices at 3525 Piedmont Road, 7 Piedmont Center, Suite 300, Atlanta, USA (the "Company"). The term “the Material” and, alternatively, “Website Content,” refers to and means the contents of the Website, including but not limited to the information on the eLoveMarket.com & Findhubby.com websites as well as all text, graphics, images, logos, button icons, software and other material appearing on the Website. The term “the Website” refers to and means the website found at the URL address: http://www.eLoveMarket.com. & http://www.findhubby.com This is a legal agreement ("Agreement") between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration and clicking on the check box "I read & Agree to term of use " , you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes.
Proprietary Rights.
The Website Content is protected under both United States and foreign copyright, trademark and other laws. All Website Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all Website Content on this Website as well as the HTML code that the Company creates to generate its Website Content are the exclusive property of the Company and such are protected by U.S. and international copyright laws as well as applicable state laws from unauthorized use. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. Any Person who wishes to use any of the Website Content may do so only as an Authorized User and provided further that each such Person shall retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any copy made of the Website Content. Copies may be made for personal, non-commercial use only. No Person may not sell or modify the Website Content or, otherwise reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. No Person shall copy or adapt the HTML code that the Company creates to generate its pages.
Acceptable Site Use.
Authorized Users may not use the Website in order to transmit, distribute, store or destroy any kind of material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Authorized Users may not put contact information in open text fields. Contact information found by the Company in these fields will be removed. Any User who violates this rule is subject to suspension, termination, or deactivation of such User’s account.
Authorized Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any and all Persons who may be involved in such violations.
1. Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 18 years old.
2. Exclusive Use. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
3. Online Conduct. As a Registered User, you agree that:
a) You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Registered Users.
b) You will not post on the Service, or transmit to other Registered Users, or otherwise communicate 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). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
c) You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
d) You will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
e) Prior to reaching Open Communication, your E-mail correspondence with other Registered Users will not include any personal information which would enable other Registered Users to discover your identity. Upon reaching Stage 4, certain personal information about you will be made available to, or will otherwise be accessible by, other Registered Users.
f) You will only create one unique profile with the Service.
g) You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
h) You will not post, copy, modify, transmit, show in public or private, create any derivative works from, 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.
i) You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service.
j) You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
k) You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
l) The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, 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 Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
4. Online Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
5. Dealings with Advertisers. 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, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
6. Unauthorized Users. It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is 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. The Company is 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.
7. Proprietary Rights.
a. The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. 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, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly 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.
c. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Each Authorized User, for himself or herself acknowledges that any reliance on material posted by other users will be at your own risk.
8. Confidentiality. With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through eLoveMarket.com & findhubby.com, the Company may supply the advertiser with information you provided to Company, including billing information. For additional information about the collection and possible use of information provided by you, please click on the Trust-E logo that appears at the bottom of the home page for this web site for information on the Company's privacy policy.
9. Warranties.
a) THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b) The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM 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.
2. THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE 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.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY
The Company is only a venue. Each Person using this Website assumes all risks associated with his or her dealings with other users of the Website and person who may be contacted directly or indirectly by way of the Website. Each Person using the Website by using this Website covenants and agrees to carefully screen, interview, and conduct background investigations on any person(s) identified on this Website with whom such Person may undertake to enter into a business or personal relationship. The Company does not refund membership or user fees.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm the accuracy and truthfulness of the identity given by persons who use this Website. Because the Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on eLoveMarket.com & findhubby.com, if you have a dispute with one or more users, you waive any claims that might otherwise be asserted against the Company and, as a further condition to your use of this Website, You release the Company (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company is under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You agree to use the utmost caution, common sense, and diligence when using this Website and screening the person(s) identified on the Website with whom you may choose to enter into a business or personal relationship.
a) IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
b) While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE 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 WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
11. Indemnity by Registered User. You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement..
12. Links to Other Sites. The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
13. To resolve a complaint regarding the Service, you should first contact the Company via email to support@eLoveMarket.com or support@findhubby.com.
14. Termination. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, if in Company's sole discretion it believes you have violated any Section of this Agreement by you which is brought to the Company's attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. Any person accessing the Website from outside of the United States does so at his or her own risk and is responsible for compliance with all applicable laws. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Florida, Miami. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as may be expressly provided elsewhere in this Website, these Terms and Conditions constitute the entire agreement between the Company and those persons and/or entities who use the Website. No changes to these Terms and Conditions shall be made except by a revised posting on this webpage.
Additional Terms of Use.
Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof, you agree to be read and be bound by the additional terms of use applicable to such areas.