|
Usage Agreement and Privacy Statement
Terms and Conditions of
Use: The following
terms and conditions of use (the "Terms and Conditions") govern your
("You") use of the FindMassageOnline.com Web site
(http://www.findmassageonline.com), (the "Site") as provided by NovoCupido
("NovoCupido" or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE
TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not
agree to these Terms and Conditions, you may not access or otherwise use
the Site.
Proprietary Rights:
As between you and NovoCupido (including our
affiliates), we are the owner and/or authorized user of any trademark,
and/or service mark appearing on the Site, and are the copyright owner or
licensee of the content and/or information on the Site, unless otherwise
indicated. Except as otherwise provided herein, use of the Site does not
grant to you a license to any content, features or materials you may
access on the Site. Any commercial use of the Site is strictly prohibited,
except as allowed or approved in writing by us. You may not download or
save a copy of any of the content or screens except as otherwise provided
in these Terms and Conditions, for any purpose. If you make other use of
the Site, except as otherwise provided above, you may violate copyright
and other laws of the United States, other countries, as well as
applicable state laws and may be subject to liability for such
unauthorized use. We do not grant any license or other authorization to
any user of our trademarks, service marks, other copyrightable material or
any other intellectual property, by including them on the Site. You also
agree and acknowledge that any ideas, concepts, methods, systems, designs,
plans, techniques or other similar materials that you submit or otherwise
communicate to the Site, may be used by us in any manner.
User Information:
In the course of your use of the Site, you may
be asked to provide certain information about yourself to us ("User
Information"). NovoCupido information collection and use policies with
respect to such User Information are set forth in the Site Privacy Policy
You acknowledge and agree that you are solely responsible for the accuracy
and content of the User Information.
Submitted Material:
Any information or material that you submit or
send to NovoCupido or otherwise make available on or through the Site
("Your Material") will be deemed not to be confidential or secret. By
submitting or otherwise making Your Material available on the Site, you:
Agree and acknowledge that Your Material will not be treated as
confidential or proprietary. Represent and warrant that Your Material:
-
Is original to you and that
no other party has any rights to the material.
-
Does not contain any content
that is unlawful, threatening, harassing, profane, defamatory, vulgar,
obscene, libelous, deceptive, fraudulent, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), invasive of another's privacy, or
hateful in nature.
-
Does not contain a virus or
other harmful component.
-
Does not contain any
advertising or promotional materials and or information of any kind, or
false or misleading indications of origin or statements of fact.
You grant NovoCupido the
royalty-free, unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, edit, adapt, publish, translate, create derivative
works from, distribute, perform and display Your Material (in whole or
part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You also warrant that
any "moral rights" in Your Material have been waived.
Violation of Terms of Use
and Damages:
NovoCupido will seek any and all damages for violations of the terms of
use of findmassageonline.com. Furthermore, NovoCupido will prosecute any
attempts of commercial solicitation of any Users and/or paid advertisers
on findmassageonline.com. Damages for each attempt are charged against any
person(s) and/or organizations involved in the attempt at $25,000 per
incident, per message, per posting and/or per person reached by each
attempt. NovoCupido will seek all remedies for any kind of violation of
prohibited activities as listed in this Terms of Use agreement, including
but not limited to, preliminary and permanent injunctive relief, money
damages, a defendant's profits, attorney's fees, etc.
No Endorsement:
NovoCupido does not represent or warrant the truthfulness, accuracy or
reliability of any material posted by others on or through the Site, nor
does NovoCupido endorse any opinions expressed by Users or others. Users
acknowledge that any reliance on material posted by others will be at
their own risk.
Unsolicited Materials:
Unless specifically requested,
NovoCupido does not solicit nor does it wish to receive any confidential,
secret or proprietary information or other material from you through the
Site, any of its services, by e-mail, or in any other way.
User Conduct:
You warrant and agree that,
while using the Site, you shall not:
-
Upload, post or transmit to
or distribute or otherwise publish through the Site any material that
violates any provision of these Terms and Conditions
-
Restrict or inhibit any
other User from using and enjoying the Site
-
Constitute or encourage
conduct that would constitute a criminal offense or give rise to civil
liability;
-
Impersonate, or misrepresent your affiliation with any other person or
entity
Upload, post, publish,
transmit, reproduce, distribute or in any way exploit any information or
other material obtained through the Site for commercial purposes (other
than as expressly permitted by the provider of such information or other
material)
Engage in spamming or
flooding
Attempt to gain unauthorized
access to other computer systems through the Site.
Except as otherwise expressly
permitted herein, you may not upload, post, publish, reproduce, transmit
or distribute in any way any component of the Site itself or derivative
works with respect thereto, as the Site is copyrighted as a collective
work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we
assume no obligation. You acknowledge and agree, however, that we do
retain the right to monitor the Site and to disclose any information as
necessary or appropriate to satisfy any law, regulation or other
governmental request, to operate the Site properly, or to protect
ourselves or our Users. We will not intentionally monitor or disclose any
private electronic mail message unless required by law. We reserve the
right to refuse to post or to remove any information or materials, in
whole or in part, that, in our sole discretion, are unacceptable,
undesirable, inappropriate or in violation of these Terms and Conditions.
We may also suspend or terminate any User's use of the Site at any time in
our sole discretion.
You agree to defend, indemnify and hold NovoCupido, its directors,
officers, employees, agents and affiliates harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use of the Site or the placement or
transmission of Your Material on or through the Site by you.
DISCLAIMER OF WARRANTIES:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND
MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT
OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOVOCUPIDO DOES NOT
WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED
THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. NOVOCUPIDO MAKES NO WARRANTY THAT THE SITE WILL
MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM NOVOCUPIDO OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL NOVOCUPIDO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR
THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS
RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR
ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF NOVOCUPIDO OR
SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL NOVOCUPIDO BE LIABLE FOR OR
IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED
BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO
EVENT SHALL THE TOTAL LIABILITY OF NOVOCUPIDO TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE
EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO NOVOCUPIDO FOR YOUR
ACCESS TO OR USE OF THE SITE.
Links to Other Sites:
You acknowledge and agree that we have no responsibility for the accuracy
or availability of information provided by Web sites to which you may link
from the Site ("Linked Sites"). Links to Linked Sites are provided as a
convenience to you, and do not constitute an endorsement by or association
with NovoCupido of such sites or the content, products, advertising or
other materials presented on such sites. NovoCupido does not author, edit,
or monitor these Linked Sites. You acknowledge and agree that NovoCupido
is not 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 such Linked
Sites.
Applicable Laws:
We control and operate this Site from our offices in the United States of
America. We do not represent that materials on the Site are appropriate or
available for use in other locations. Persons who choose to access this
Site from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
Miscellaneous:
The Terms and Conditions and the relationship between you and NovoCupido
shall be governed by the laws of the State of Texas, without regard to its
conflict of law provisions. You and NovoCupido agree that any cause of
action that may arise under this Agreement shall be commenced and be heard
in the appropriate court in the State of Texas, County of Williamson. You
and NovoCupido each agree to submit to the personal and exclusive
jurisdiction of the courts located within Williamson County in the State
of Texas. The failure of NovoCupido to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of
such right or provision. If any provision of the Terms and Conditions is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Services or the
Terms and Conditions must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Modifications to the Site and the Services:
We may change these Terms and
Conditions from time to time and at any time without notice to you, by
posting such changes on the Site. We reserve the right, for any reason, in
our sole discretion, to terminate, change, suspend or discontinue any
aspect of the Site, including, but not limited to, content, features or
hours of availability. By using the Site following any modifications to
the Terms and Conditions, you agree to be bound by any such modifications
to the Terms and Conditions. We may also impose limits on certain features
of the Site or restrict your access to part or all of the Site without
notice or penalty.
Digital Millennium Copyright Act Agent:
We respect the intellectual property rights of others, and require that
the people who use the Site do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please
forward the following information to the Copyright Agent named below:
Your address, telephone number, and e-mail address; A description of the
copyrighted work that you claim has been infringed; A description of where
the alleged infringing material is located; A statement by you that you
have a good faith belief that the disputed use is not authorized by you,
the copyright owner, its agent, or the law; An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; and A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent c/o Legal Department, 2631 Eastwood Ln., Round Rock, TX
78664
This Site is operated by:
NovoCupido
2631 Eastwood Ln.
Round Rock, TX 78664
|