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Home
Join NowMember Terms and Conditions |
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 10/08/2007.
This Terms of Use Agreement sets forth the standards of use concerning Passions’Gate Online Service. By using the Passions’Gate / www.passionsgate.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Passions’Gate / www.passionsgate.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Passions’Gate is providing Members with an Online Photo Personals and Dating Community.
2. Eligibility
You must be 18 years of age or over to register as a member of Passions’Gate or use the Web site. Membership in the Service is void where prohibited. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
3. Terms
This Agreement will remain in full force and effect while you use the Web site and/or are a Member. Passions’Gate 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 Passions’Gate. If Passions’Gate 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. The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors.
4. Posted Photos, Video and Text Content
Proprietary Rights in Content on Passions’Gate. Passions’Gate www.passionsgate.com owns and retains all proprietary rights in the Web site and the Service.
Content Posted on the Site
a. You understand and agree that Passions’Gate may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Passions’Gate violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. c. By posting Content to any public area of Passions’Gate, you automatically grant, and you represent and warrant that you have the right to grant, to Passions’Gate 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. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Passions’Gate reserves the right to removing offending communication from the Service and terminating the membership of such violators. It includes Content that is: Offensive to the online community, such as content that promotes violence, racism, bigotry, hatred or physical harm of any kind against any group or individual. Harasses or advocates harassment of another person or group of persons. 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 person’s 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). 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 someone’s privacy, or providing or creating computer viruses. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users. 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, email addresses, pornographic photos or videos, images that depict violence or show blood, content or images of children under the age of 18 in any form, or animals being used in any sexually expressive or explicit manner. g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Passions’Gate 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, we may terminate an offending member’s membership and not make any refunds. 5. Disclaimer of Warranties
The site is provided by Passions’Gate on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Passions’Gate makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Passions’Gate shall have no liability for any interruptions in the use of this Website. Passions’Gate disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
6. Limitation of Liability
Passions’Gate shall not be liable for any damages whatsoever, and in particular Passions’Gate shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contact, negligence, tort, under statute, in equity, at law, or otherwise, even if Passions’Gate has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations are inapplicable.
7. Indemnification
Member agrees to indemnify and hold Passions’Gate, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
8. Modifications and Interruption to Service
Passions’Gate reserves the right to modify or discontinue the Service with or without notice to the Member. Passions’Gate shall not be liable to Member or any third party should Passions’Gate exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Passions’Gate does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third parties’ sites.
10. Governing Jurisdiction of the Courts of Kentucky
Our website is operated and provided in the State of Kentucky. As such, we are subject to the laws of the State of Kentucky, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Kentucky.
11. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 www.passionsgate.com, with all rights reserved, or is the property of Passions’Gate, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Passions’Gate is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Passions’Gate.
Passions’Gate™ and www.passionsgate.com™ are proprietary marks of www.passionsgate.com. Passions’Gate’s trademarks may not be used in connection with any product or service that is not provided by Passions’Gate, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Passions’Gate.
All other trademarks displayed on Passions’Gate’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Passions’Gate.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.passionsgate.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Passions’Gate Incorporated
PO Box 72315
Louisville, KY 40272
By Email: info@passionsgate.com
14. Botnets
Passions’Gate retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Passions’Gate reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Passions’Gate in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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