Cutetravelmate.com
Terms of Use Agreement
Welcome to Cutetravelmate.com, the service for adults to
meet each other online operated by Cutetravelmate.com. By
using the Cutetravelmate.com web site (the Web site)
you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member (Member).
If you wish to become a Member and communicate with other
Members and make use of the Cutetravelmate.com service (the
"Service"), read these Terms of Use and indicate
your acceptance of them by following the instructions in
the Registration process.
This Agreement sets out the legally binding
terms of your use of the Web site and your membership in
the Service and may be modified by Cutetravelmate.com from
time to time, such modifications to be effective upon posting
by Cutetravelmate.com on the Web site. This Agreement includes
Cutetravelmate.com's Acceptable Use Policy for Content Posted
on the Web site, Cutetravelmate.com's Privacy Policy, and
any notices regarding the Web site.
1. Eligibility. You must be eighteen or over
to register as a member of Cutetravelmate.com or use the
Web site. Membership in the Service is void where prohibited.
By using the Web site, you represent and warrant that you
have the right, authority, and capacity to enter into this
Agreement and to abide by all of the terms and conditions
of this Agreement.
2. Term. This Agreement will remain in full
force and effect while you use the Web site and/or are a
Member. You may terminate your membership at any time, for
any reason by clicking on the 'Delete Profile' link on the
'My Home' page, or upon receipt by Cutetravelmate.com of
your written or email notice of termination. Cutetravelmate.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 Cutetravelmate.com.
If Cutetravelmate.com terminates your membership in the
Service because you have breached the Agreement, you will
not be entitled to any refund of unused subscription fees.
Even after membership is terminated, this Agreement will
remain in effect. Even after this Agreement is terminated,
certain provisions will remain in effect, including sections
4, 5, 7 and 9-14 of this Agreement.
3. Non Commercial Use by Members. The Web
site is for the personal use of individual Members only
and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may become Members
but should not use the Service or the Web site for any other
purpose than personal use. Illegal and/or unauthorized uses
of the Web site, including collecting usernames and/or email
addresses of members by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing
of or linking to the Web site will be investigated, and
appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Cutetravelmate.com.
Cutetravelmate.com owns and retains all proprietary rights
in the Web site and the Service. The Web site contains the
copyrighted material, trademarks, and other proprietary
information of Cutetravelmate.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.
5. Content Posted on the Site.
a. You understand and agree that Cutetravelmate.com may
review, publish and use any content, messages, photos or
profiles (collectively, "Content").
b. You understand and agree that Cutetravelmate.com may
review, use and delete any content, messages, photos or
profiles (collectively, "Content") that in the
sole judgment of Cutetravelmate.com violate this Agreement
or which might be offensive, illegal, or that might violate
the rights, harm, or threaten the safety of Members.
c. You are solely responsible for the Content that you publish
or display (hereinafter, "post") on the Service,
or transmit to other Members.
d. By posting Content to any public area of Cutetravelmate.com,
you automatically grant, and you represent and warrant that
you have the right to grant, to Cutetravelmate.com 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 sublicenses of the foregoing.
e. The following is a partial list of the kind of Content
that is illegal or prohibited on the Web site. Cutetravelmate.com
reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates
this provision, including without limitation, removing the
offending communication from the Service and terminating
the membership of such violators. It includes Content that:
* is patently offensive to the online community,
such as Content that promotes racism, bigotry , hatred or
physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
* promotes an illegal or unauthorized copy of another persons
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links
to pirated music files;
* contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another
accessible page) ;
* displays pornographic or sexually explicit material of
any kind;
* provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information
from anyone under 18;
* provides instructional information about illegal activities
such as making or buying illegal weapons, violating someones
privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information
for commercial or unlawful purposes from other users; and
* engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent
with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation
of, other Members to buy or sell any products or services
through the Service unless permitted by Cutetravelmate in
writing or by email. You may not transmit any chain letters
or junk email to other Members. Although Cutetravelmate.com
cannot monitor the conduct of its Members off the Web site,
it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or
harm another person, or in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising
or solicitation, Cutetravelmate.com reserves the right to
restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which Cutetravelmate.com
deems appropriate in its sole discretion.
6. Copyright Policy. You may not post, distribute,
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your
work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide
our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing
is located on the Web site; your address, telephone number,
and email address; a written statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; 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.
7. Subscription.
8. Member Disputes. You are solely responsible
for your interactions with other Cutetravelmate.com Members.
Cutetravelmate.com, reserves the right, but has no obligation,
to monitor disputes between you and other Members.
9. Privacy. Use of the Web site and/or the
Service is also governed by our Privacy Policy.
10. Disclaimers. Cutetravelmate.com is not
responsible for any incorrect or inaccurate Content posted
on the Web site or in connection with the Service, whether
caused by users of the Web site, Members or by any of the
equipment or programming associated with or utilized in
the Service. Cutetravelmate.com is not responsible for the
conduct, whether online or offline, of any user of the Web
site or Member of the Service. Cutetravelmate.com assumes
no responsibility for any error, 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. Cutetravelmate.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 web site 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. Under no circumstances will Cutetravelmate.com
be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Web
site or the Service, any Content posted on the Web site
or transmitted to Members, or any interactions between users
of the Web site, whether online or offline. The Web site
and the Service are provided "AS-IS" and Cutetravelmate.com
expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Cutetravelmate.com cannot guarantee
and does not promise any specific results from use of the
Web site and/or the Service.
11. Limitation on Liability. Except in jurisdictions
where such provisions are restricted, in no event will Cutetravelmate.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 Cutetravelmate.com has been advised
of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, Cutetravelmate.coms
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 Cutetravelmate.com
for the Service during the term of membership.
12. U.S. Export Controls. Software from this
Web site (the Software) is further subject to
United States export controls. No Software may be downloaded
from the Web site 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.
13. Disputes. If there is any dispute about
or involving the Web site and/or the Service, by using the
Web site, you agree that the dispute will be governed by
the laws of the State of Massachusetts 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 Massachusetts, City of Boston.
14. Indemnity. You agree to indemnify and
hold Cutetravelmate.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.
15. Other. This Agreement, accepted upon use
of the Web site and further affirmed by becoming a Member
of the Service, contains the entire agreement between you
and Cutetravelmate.com regarding the use of the Web site
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.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL
OF THE PROVISIONS CONTAINED ABOVE.
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