USER AGREEMENT FOR Adult-Seeker.biz
THIS AGREEMENT WAS LAST UPDATED ON January 16, 2004
Please read the following User Agreement. When you sign up for any service
within IwantuU.comTM, all of which are hereinafter referred to collectively as
the "Service", you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the
agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY
NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE
AFTER June 16, 2000 YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT,
INCLUDING ALL AMENDMENTS MADE TO DATE.
TERMS AND CONDITIONS OF THE SERVICE
User Agreement
This Agreement constitutes your agreement with Mana Internet Solutions ("MANA")
with respect to your use of the Service. You must agree to abide by all of the
terms and conditions contained in this Agreement in order to become or remain an
authorized user of the Service. As used in this Agreement, "we" and "us" means
MANA, or any successor or assign of MANA.
Service Agreement
Right to Use.
Your right to use the Service is subject to any limitations, conditions and
restrictions established by us from time to time, in our sole discretion. We may
alter, suspend or discontinue any aspect of the Service at any time, including
the availability of any Service feature, database or content. We may also impose
limits on certain features and aspects of the Service or restrict your access to
parts or all of the Service without notice or liability.
Adult.
You represent, warrant and covenant that you are at least 18 years old. This
Service is addressed to adults only. By using the Service you agree that you are
18 years of age and older. Failure to comply with this Agreement may result in
legal actions.
Code of Conduct.
You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any information that you display when using
the Service or to other members. You will keep all information provided to you
through the Service as private and confidential and will not give such
information to anyone without the permission of the person who provided it to
you;
b) You will not use the Service to engage in any form of harassment or offensive
behavior, including but not limited to the posting of communications, pictures
or recordings, which contain libelous, slanderous, abusive or defamatory
statements, or racist, pornographic, obscene, or offensive language;
c) You will not forward chain letters through the Service;
d) You will not use the Service to infringe the privacy rights, property rights,
or other civil rights of any person;
e) You will not post messages, pictures or recordings or use the Service in any
way which
i. violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trademark law, privacy or other
personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law; and if you will not
use the Service to distribute, promote or otherwise publish any material
containing any solicitation for funds, advertising or solicitation for goods or
services.
f) Your use of the Service is for your own personal use. You may not authorize
others to use the Service and you may not transfer accounts with other users.
g) You will not use the Service to distribute, promote or otherwise publish any
material containing any solicitation for funds, advertising or solicitation for
goods or services.
h) You are aware that the Service may contain explicit adult oriented materials
provided by consenting users.
Privacy and Use of Information.
You acknowledge that
(a) We cannot ensure the security or privacy of information you provide through
the Internet and your email messages, and you release us from any and all
liability in connection with the use of such information by other parties;
(b) We are not responsible for, and cannot control, the use by others of any
information which you provide to them and you should use caution in selecting
the personal information you provide to others through the Service; and
(c) We cannot assume any responsibility for the content of messages sent by
other users of the Service, and you release us from any and all liability in
connection with the contents of any communications you may receive from other
users.
(d) You acknowledge that you can not sue IwantU.com or any of its employees for
any damages done to you through the site.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of
the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you
a user name that impersonates someone else, is protected by trademark or
proprietary law, or is vulgar or otherwise offensive, as determined by us in our
sole discretion.
Monitoring of Information.
We reserve the right to monitor all advertisements, public postings and messages
to ensure that they conform to the content guidelines, which may be applicable
from time to time. We also reserve the right to monitor all messages and chats
that take place through the site.
We are not solely responsible for any offensive or obscene materials that may be
transmitted or posted by other users (including unauthorized users as well as
the possibility of "hackers"). We are also not responsible for the use of any
personal information that the user may choose to post on the Service.
Removal of Information.
While we do not and cannot review every message or other material posted or sent
by users of the Service, and are not responsible for any content of these
messages or materials, we reserve the right, but are not obligated, to delete,
move, or edit messages or materials, including without limitation
advertisements, public postings and messages, that we, in our sole discretion,
deem to violate the Code of Conduct set out above or any applicable content
guidelines, or to be otherwise unacceptable. You shall remain solely responsible
for the content of advertisements, public postings, messages and other materials
you may upload to the Service or users of the Service.
Termination of Access to Service.
We may, in our sole discretion, terminate or suspend your access to all or part
of the Service at any time, with or without notice, for any reason, including,
without limitation, breach of this Agreement. Without limiting the generality of
the foregoing, any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your access to all or part of the Service at our sole
discretion, and you may be referred to appropriate law enforcement agencies.
Online Cancellation
You agree that cancellation may be done online through the TOKENS button in
IwantU.com's menu bar.
Alternatively, our customer care representatives will cancel your VIP pass for
you.
Any request for cancellation will be met with as quickly as possible.
All holders of VIP passes, including and exceeding one month, are advised to
cancel their VIP pass 48 hours before their renewal date to allow time for
processing due to time differences.
You acknowledge and understand that all memberships purchased online are
automatically renewed every month.
You agree and henceforth accept any automatic rebill of your VIP pass when using
an online payment method.
You accept that when you cancel your membership with The Service you are
automatically locked out of the site and your access is immediately terminated.
You also agree and accept the complete and final loss of your profile, all
accumulated tokens, mail and any other membership information that you should
have. This information cannot be reclaimed or transferred to any third party.
Proprietary Information.
The Service contains information, which is proprietary to us and to our users.
We assert full copyright protection in the service. Information posted by us or
other users of the Service may be protected whether or not it is identified as
proprietary to us or to them. You agree not to modify, copy or distribute any
such information in any manner whatsoever without having first received the
express permission of the owner of such information.
No responsibility.
We are not responsible for any incidental, consequential, special, punitive,
exemplary, direct or indirect damages of any kind whatsoever, which may arise
out of or relate to your use of the Service, including but not limited to lost
revenues, profits, business or data, or damages resulting from any viruses,
worms, "Trojan horses" or other destructive software or materials, or
communications by you or other users of the Service, or any interruption or
suspension of the Service, regardless of the cause of the interruption or
suspension. Any claim against us shall be limited to the amount you paid, if
any, for use of the Service during the previous 12 months. We may discontinue or
change the Service or its availability to you at any time, and you may stop
using the Service at any time.
Security.
Your account is private and should not be used by anyone else. You are
responsible for all usage or activity on the Service by users using your
password, including but not limited to use of your password by any third party.
Other Links.
The Service may from time to time contain links to other World Wide Web Internet
sites and resources ("External Links"). We are not responsible for, and have no
liability as a result of, the availability of External Links or their contents.
Tokens.
Tokens are a form of money used to access certain features and Services. The
user of the Service may use the Tokens in their account to send messages to
other users of the Service, play games, etc. When the user sends a message every
character is considered to be equal to 1 Token or if they add a member to their
hotlist, it uses 100 tokens to which you can then send that member unlimited
messages. Therefore the longer the message the more Tokens the user uses up.
Tokens are non transferable and non-refundable.
Indemnity.
You agree to indemnify us, our officers, directors, employees and agents, from
any loss or damages, including without limitation reasonable legal fees, which
we may suffer from your activities on or use of the Service, including without
limitation any breach by you of this Agreement or any charges or complaints made
by other parties against you. You shall cooperate as fully as reasonably
required in the defence of any claim. We reserve the right to assume the
exclusive defence and control of any matter otherwise subject to indemnification
by you; provided, however, that you shall remain liable for any such claim.
No Warranties.
The Service is distributed on an "as is" basis. We do not warrant that this
Service will be uninterrupted or error-free. There may be delays, omissions, and
interruptions in the availability of the Service. Where permitted by law, you
acknowledge that the Service is provided without any warranties of any kind
whatsoever, either express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose. You
acknowledge that use of the Service is at your own risk. We do not represent or
endorse the accuracy or reliability of any advice, opinion, statement or other
information displayed, uploaded or distributed through the Service by MANA or
any user of the Service or any other person or entity. You acknowledge that any
reliance upon any such opinion, advice, statement or information shall be at
your sole risk.
Advice Columnists.
The service may from time to time include messages from advice columnists who
respond to "relationship" questions. Any statements made by advice columnists
are provided for entertainment purposes only, and are not intended, and should
not be taken, as specific advice in any particular circumstance. Such statements
do not constitute counselling of any kind. Users with personal problems or who
may be seeking personal advice applicable to their personal situation, are urged
to consult with a qualified counsellor with respect to such issues.
Modifications.
We may modify this Agreement from time to time. Notification of changes in this
Agreement will be posted on the Service or sent via electronic mail, as we may
determine in our sole discretion. If you do not agree to any modifications, you
should terminate your use of the Service. Your continued use of the Service now,
or following the posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or any subsequent
modifications.
Disclosure and Other Communication.
We reserve the right to send electronic mail to you, for the purpose of
informing you of changes or additions to the Service, or of any MANA related
products and services. We reserve the right to disclose information about your
usage of the Service and Demographics in forms that do not reveal your personal
identity.
Governing Law.
This Agreement is entered into in Quebec, Canada. You agree that it will be
governed by the laws of the Province of Quebec and any disputes arising out of
this Agreement will be subject to the courts of the Province of Quebec and the
federal courts applicable within the Province. If any provision in this
Agreement is invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect. This Agreement will not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods.
Complaints.
To resolve or report a complaint regarding the Service or members who use the
Service users should contact us at
http://support.iwantu.com/contact.love Immediate actions will take place in
order to help solve the problem.
Membership Categories.
Users of the Service may become "Visitors", "Free Members" or "VIP Members" of
the Service. Visitors are allowed access to a minimal level of the Service's
features and are not charged by us for the use of the features they can access.
Free Members are allowed to access more features of the Service than are
Visitors, but are not allowed access to all of the features that VIP Members are
allowed to access. Free Members are not charged by us for the features they can
access. VIP Members are provided with access to additional features of the
Service that are not available to Visitors or Free Members. VIP Members are not
charged by us for the features that are free to Free Members. Free membership is
valid for 1 week. Certain additional features of the Service made available to
VIP Members are also free of charge. Certain other features of the Service are
"paid features", for which a VIP Member is charged.
Fees and Payments.
A)
VIP Members of the Service are required to purchase "Credits" or "Tokens" in
order to use the "paid features" of the Service. Each Full Member is credited
with the number of Credits or Tokens purchased. Each of the "paid features" of
the Service costs one or more Credits or Tokens to use. Each time a Full Member
uses a "Paid feature" of the Service, his account of Credits or Tokens is
debited by the number of Credits or Tokens charged to use that "paid feature".
B)
VIP passes can be purchased by credit card, electronic check, 1-900 number or by
mail. When a VIP pass is purchased it is accompanied by a pre-defined number of
Tokens or Credits. Tokens or Credits cannot be purchased without a VIP pass and
are non-redeemable for monetary value nor are they applicable towards future VIP
passes. Tokens are carried over from one month to another but once an account is
cancelled the tokens are removed.
Should a VIP member wish to change their method of payment, and their method of
payment is either by credit card or electronic check, they must cancel their
membership by clicking on the TOKENS button.
NOTE that by cancelling all accumulated Tokens are lost.
VIP pass pricing is posted on the TOKENS page in accordance to the pricing
policy of The Service. In addition to paying the published price for a VIP pass
with inclusive tokens or credits, the purchaser is responsible for paying all
applicable taxes in connection with the purchase of a VIP pass. You acknowledge
and accept that any VIP pass bought is to be paid in U.S funds. In addition to
paying the published price for Credits or Tokens, the purchaser is responsible
for paying all applicable taxes in connection with the purchase of the Credits
or Tokens. We reserve the right to change our pricing policy at any time at our
sole discretion. We also reserve the right to change the method or manner in
which we charge members for Credits or Tokens, or the method of payment, which
is acceptable to us, at our sole discretion.
C)
Once The Service has received your payment, you will be credited with VIP access
for the paid amount of time as well as the pre-defined number of Tokens or
Credits. Credits or Tokens will be automatically deducted from your account as
you use "paid features" of the Service. VIP members are capable of checking the
number of Tokens or Credits they have left in their account at any time online
by clicking on the TOKENS button located in the menu bar. A VIP Member whose
account of Credits or Tokens is reduced to zero remains a VIP Member, but cannot
access "paid features" until additional Credits or Tokens are purchased.
D)
The purchase of Credits or Tokens is non-refundable. Any unused Credits or
Tokens will remain credited to your account but will not be refunded if unused,
even if you are no longer using the Service. Credits or Tokens will only be
credited to the account of the VIP Member purchasing the Credits or Tokens, and
to no one else. Credits or Tokens may not be transferred from one member of the
Service to another member.
E)
You agree to pay or have paid all fees and charges incurred in connection with
your membership with the Service (including any applicable taxes) at the rates
in effect when the charges were incurred. All fees and charges are
non-refundable if used. We may change the fees and charges in effect for using
the Service, or add new fees or charges, by giving you notice in advance. You
also are responsible for any fees or charges incurred to access the Service
through an Internet access provider or other third party service, including but
not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT
AUTHORIZED BY YOU.
F)
Any system error in processing your account is YOUR responsibility to inform the
Administration immediately after you receive it. To contact the Administration
you need to send us a message from http://support.iwantu.com/contact.love As a
member if you fail to inform the Administration you will be charged for the
purchased pass.
Assignment.
You do not have the right to assign this Agreement or any of your rights to the
Service to anyone. MANA has the right to assign any or all of its rights and
duties under this Agreement or to the Service to any third party. At the
election of MANA, if MANA's obligations hereunder are assumed by a third party,
MANA shall be relieved of any and all liability under this Agreement. Once you
join you confirm that you agree with ALL of IwantU.com's Terms and Conditions
listed.
adult-seeker.bizTM service copyright 1998 Mana Internet Solutions
Inc.