This sets forth the terms and conditions governing your use of the PickDate service (the “Service”) which is owned and operated by PICKDATE Inc. (“PICKDATE”) (USA).
This constitutes a legally binding Agreement (“Agreement”) between you and PICKDATE and governs your use of the Service. Please read this Agreement carefully before registering for the Service.
GENERAL PROVISIONS:
1. By registering for the Service and being provided with access to and use of the Service, you become a member of the Service ( “Member”) and agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. The terms are subject to amendment and modification solely at the discretion of PICKDATE. By becoming a Member, you represent and warrant that you are at least 18 years old.
2. Your membership in the Service is for your sole personal use. You may not authorize others to use your membership account, and you may not assign or otherwise transfer your account to any other person or entity.
3. PICKDATE reserves the right to immediately suspend or terminate your access to the Service, without notice or cause.
ONLINE CONDUCT:
4. As a Member, you agree that:
a. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
b. You will use the Service in a manner consistent with all applicable federal, state and local laws and regulations.
c. You will not post on the Service, transmit to other Members or to PICKDATE, 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 such as copyright, and rights of privacy and publicity).
d. You will not include in your profile any telephone numbers, street addresses, last names, URL’s or email addresses other than when asked for in completing the Confidential Personal Information section.
e. 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. PICKDATE reserves the right to reject any profile or photo that does not comply with the above provisions.
f. You will not post, distribute or reproduce copyrighted materials, trademarks, or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary information.
g. You will not use the Service to engage in advertising to, or solicitation of other Members for the sale of products or services, or the advancement of political, social or religious causes, including the transmission of chain letters or junk email. (We monitor the number of emails are sent every day. You may be stopped from sending emails if you violate the rules above.)
h. You are solely responsible for your interactions with other Members of the Service. PICKDATE reserves the right to monitor and/or mediate disputes between you and other Members of the Service. You fully assume the risk for your use of the Service.
INDEMNITY BY MEMBER:
5. You agree to defend, indemnify and hold harmless PICKDATE, 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.
PROPRIETARY RIGHTS:
6. PICKDATE owns and retains all proprietary rights in the Service including those arising in copyright and trademark, as well as other proprietary information of PICKDATE, its licensors and licensees. Except for that information which is in the public domain or for which you have been given permission to copy, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of the Service, you automatically represent and warrant that you have the right to and do grant unto PICKDATE and all 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 thereof, or to incorporate into other works, such information and content and to grant and authorize sub-licenses of the foregoing.
CONTENT:
7. The opinions, advice, statements, offers or other information or content made available through the Service, but not directly produced by PICKDATE, are those of their respective authors, and should not be relied upon. Such third parties are solely responsible for such content. PICKDATE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY PARTIES OTHER THAN PICKDATE. UNDER NO CIRCUMSTANCES WILL PICKDATE 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.
INFORMATION SUPPLIED BY MEMBER:
8. PICKDATE will retain as confidential all information supplied by you to the Service, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, and consistent with our Privacy Statement and Policy.
DISCLAIMER OF WARRANTIES:
9. PICKDATE PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OR REFUNDS OF ANY KIND, EXPRESS AND IMPLIED WITH RESPECT TO THE SERVICE. PICKDATE DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, PICKDATE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PickDate does not warrant that your use of the Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected
LIMITATION OF LIABILITY:
10. IN NO EVENT WILL PICKDATE BE LIABLE TO FOR ANY INCIDENTAL. CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PICKDATE OR ITS 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, PICKDATE 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 PICKDATE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. PickDate DOES NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, PICKDATE 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 AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
CHOICE OF LAW; JURISDICTION:
11. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Pennsylvania applicable to contracts executed and to be wholly performed in Pennsylvania, without reference to its principles of conflicts of law. For purposes of any dispute arising under this Agreement, the parties hereby agree and consent to submit themselves to the jurisdiction of the state and federal courts sitting in the State of Pennsylvania and that service of process by certified mail, return receipt requested, to the address first written above, or such other address as may be specified by a party in a notice so given, shall be sufficient to establish personal jurisdiction of and service of process in such court(s).
ENTIRE AGREEMENT:
12. This Agreement constitutes the entire understanding of the parties and supercedes all prior and contemporaneous negotiations, representations, understandings and writings on the subject hereof. It may not be altered, amended or any of its provisions waived (including the requirements of this sentence) except by a writing signed by the party against whom enforcement is sought, and it shall be binding upon and inure to the benefit of the parties' heirs, executors, administrators, successors and assigns.
BROWSER COMPATABILITY:
13. PICKDATE supports several internet browser versions including Internet Explorer 4.x and higher, Netscape 4.x and higher, AOL 4.x and higher. Other browser versions may work, however PICKDATE may not be able to support you if are using a browser other than those mentioned above.