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| Terms of Service |
This is a legal agreement ("Agreement") between you and Vantech Corporation. Please read the
Agreement carefully before registering for the Online Personals service (the "Service"). By
registering for Online Personals, you become a member of the Service (a "Member"),
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 Member. IF YOU DO NOT AGREE TO
THE TERMS, YOU MAY NOT REGISTER FOR THE ONLINE PERSONALS SERVICE. THE TERMS ARE
SUBJECT TO CHANGE BY VANTECH AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU. Either you or Vantech may terminate your Online Personals membership at any time, for any reason, effective upon sending written notice to the other party. Vantech reserves the right to immediately suspend or terminate your access to the Online Personals service, without notice, upon any breach of this Agreement by you which is brought to Vantech's attention. Your membership in the Online Personals service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. If you are a minor, you must obtain permission from a parent or legal guardian before joining or using Online Personals. Use of the Service by minors without parental consent is strictly prohibited. As a Member, you agree that:
You will defend, indemnify, and hold harmless Vantech, 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 Online Personals service, including any breach by you of the terms of this Agreement. VANTECH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL VANTECH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE ONLINE PERSONALS SERVICE, OR TRANSMITTED TO ONLINE PERSONALS MEMBERS. It is possible that other Online Personals Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Online Personals 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. Vantech is not responsible for the use of any personal information that you may choose to disclose on the Service or to other Members. VANTECH RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE ONLINE PERSONALS SERVICE. VANTECH SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. Vantech owns and retains other proprietary rights in the Online Personals service. The Service contains the copyrighted material, trademarks, and other proprietary information of Vantech and its licensors. In addition, other Members 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 will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of Online Personals, you automatically grant, and you represent and warrant that you have the right to grant, to Vantech and other Online Personals 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 of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. VANTECH PROVIDES THE ONLINE PERSONALS SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH VANTECH OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. VANTECH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Vantech does not warrant that your use of the Online Personals 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. IN NO EVENT WILL VANTECH BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONLINE PERSONALS SERVICE, EVEN IF VANTECH OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VANTECH'S 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 VANTECH FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. VANTECH DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE ONLINE PERSONALS SERVICE. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. This Agreement is governed under the laws of the State of Michigan, regardless of conflicts of law principles. Any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in the Commonwealth of Pennsylvania. This Agreement, accepted upon registering for the Online Personals service, contains the entire agreement between you and Vantech regarding the use of the Service. This Agreement may only be amended upon notice by Vantech to you, or by a writing signed by you and an authorized official of Vantech. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
Copyright © 1997-2002 Vantech Corporation. All rights reserved.