ELITEMATE.COM TERMS AND CONDITIONS
This shall serve as a binding legal agreement
("Agreement") between you and EliteMate.com. Please read this Agreement
carefully before registering as a member of EliteMate.com. By
registering with EliteMate.com, 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"). If you do not agree to the terms, DO NOT
register with EliteMate.com.
The terms and fees for
the service are subject to change by EliteMate.com at any time,
effective upon notice to you. To become a member you must be 18 years of
age or older. When you register, and from time to time thereafter,
EliteMate.com will require that you provide sufficient information to
indicate that you are at least 18 years old. By becoming a Member, you
represent and warrant that you are at least 18 years old. Use by
individuals under the age of 18 is strictly prohibited.
Your membership with
EliteMate.com is limited to your sole and 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. Your
EliteMate.com membership may be terminated at anytime and for any
reason, by you or by EliteMate.com. Termination is effective upon
receipt of written notice to the other party. EliteMate.com reserves the
right to immediately suspend or terminate your access to EliteMate.com,
without notice, upon any breach of this Agreement by you.
ELITEMATE.COM
ONLINE CONTENT
WARNING: It is possible
that other EliteMate.com Members or users (including unauthorized users,
or "hackers") may post or transmit offensive or obscene materials on the
EliteMate.com 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.
EliteMate.com, its officers, agents, employees, et al. shall not be
responsible for the use of any personal information that you may choose
to disclose on the Service. Please be cautious in selecting the type of
information that you post on the EliteMate.com service or release to
others. Offers, statements, opinions, advice or other information or
content made available through the EliteMate.com service are those of
their respective authors and not of EliteMate.com, and should not
necessarily be relied upon. Such authors are solely responsible for such
content. EliteMate.com 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
EliteMate.com, its officers, agents, employees, et al. be responsible
for any loss or damage resulting from anyone's reliance on information
or other content posted on the EliteMate.com service, or transmitted to
EliteMate.com members.
EliteMate.com reserves
the right, but has no obligation to monitor the materials posted in the
public areas of the EliteMate.com service. EliteMate.com shall have the
right to remove any such material that violates, or is alleged to
violate, any federal, state or common law, or this agreement.
Notwithstanding this right of EliteMate.com, you remain solely
responsible for the content of the materials you post on EliteMate.com
and in your private email messages. EliteMate.com will treat e-mails
sent between you and other EliteMate.com members that are not readily
accessible to the general public as private to the extent required by
applicable law.
MEMBER'S ONLINE
CONDUCT REQUIREMENTS
You are solely
responsible for maintaining the confidentiality surrounding your user
name and password and for any and all activities that are conducted
through your account..
As a Member, you agree
that:
You are solely
responsible for the content or information you publish or display
(hereinafter, "post") on the EliteMate.com service, or transmit to other
EliteMate.com Members.
You will NOT include in
your Member profile any telephone numbers, street addresses, last names,
messenger ID's, URL's or e-mail addresses. You will NOT post on the
EliteMate.com service, or transmit to other EliteMate.com Members or
Employees, any patently offensive, defamatory, inaccurate, abusive,
bigoted, obscene, profane, offensive sexually oriented, threatening,
harassing, pornographic, exploitative of individuals under the age of
18, racially offensive, or illegal material, or any material that
infringes or violates another party's rights (including, but not limited
to, intellectual property rights, and rights of privacy and publicity).
You will not provide or disseminate instructional information about
illegal activities such as making or buying weapons, pyramid schemes,
investment fraud, privacy violations, or the creation of computer
viruses.
You will use the
EliteMate.com service in a manner consistent with any and all applicable
laws and regulations. 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.
EliteMate.com reserves
the right, but has no obligation, to reject any profile or photo that
does not comply with these prohibitions.
You will not remove any
proprietary rights notices nor engage in advertising to, or solicitation
of, other members to buy or sell any products or services through the
Service. You will not transmit any chain letters or junk E-mail to other
EliteMate.com Members.
You will 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.
You will not harvest or
collect personal information about other members without their express
consent. You will not use any robot, spider, site search, retrieval
application or other process to retrieve, hack, index, data mine,
reproduce or circumvent the navigational structure of this site nor its
contents. You are solely responsible for your interactions with other
EliteMate.com Members. EliteMate.com reserves the right, but has no
obligation, to monitor disputes between you and other Members. Any
infraction may lead to legal remedy
on behalf of EliteMate.com.
You agree that you will be billed in a reoccurring automatic manner
after you make your first credit card payment. If you would like to stop
being billed in a reoccurring automatic manner you must email
billing@elitemate.com, provide your
username, password, first name, last name, address, city, state, zip
code, email address and reason to stop reoccurring billing.
EliteMate.com LLC makes refunds by company check within 7 seven business
days. You agree there are absolutely no refunds for the first month's
membership fees or life time memberships to
www.EliteMate.com.
You agree that
www.EliteMate.com and its affiliates will send you promotional emails
about their upcoming events, trips and promotions. To opt-out from
receiving emails from www.EliteMate.com, point your browser to
www.EliteMate.com, log-in with your username and password, press go and
it will bring you to the member home page. Then go to Edit My Profile,
scroll down to My Account Information, press Edit and uncheck Send me
Promotional & Informational Emails, then press submit to finalize it.
PRIVACY POLICY
This Privacy Policy applies to consumers that have signed up on
www.elitemate.com
website. We may use the personal information that you supply to us
and work with other third party businesses to bring selected retail
opportunities to our members via direct mail, email and telemarketing.
These businesses may include providers of direct marketing services and
applications, including lookup and reference, data enhancement,
suppression and validation and email marketing.
INDEMNIFICATION
You will indemnify,
defend and hold harmless EliteMate.com, its officers, directors,
employees, agents, representatives and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of your use of the EliteMate.com service,
including any breach by you of the terms of this Agreement.
PROPRIETARY
RIGHTS
EliteMate.com owns and
retains other proprietary rights in the EliteMate.com service. The
Service contains the copyrighted material, trademarks, and other
proprietary information and intellectual property of EliteMate.com 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 EliteMate.com, you automatically grant,
and you represent and warrant that you have the right to grant, to
EliteMate.com and other EliteMate.com Members an irrevocable, perpetual,
non-exclusive, royalty-free, 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.
CONFIDENTIAL
INFORMATION SUPPLIED BY MEMBER
EliteMate.com shall use
its best efforts to maintain the members' information confidential,
including confidential information such as credit card details etc., and
shall use or disclose such information only for the purposes for which
such information was collected, or as required by law.
COMPLAINTS
To resolve a complaint
regarding the EliteMate.com service, you should first contact
EliteMate.com Customer Support at
info@EliteMate.com. You are however
solely responsible for your interactions with other Members.
DISCLAIMER OF
WARRANTY
EliteMate.com provides
the EliteMate.com service on an "as is" basis and grants no warranties
of any kind, express, implied, statutory, in any communication with
EliteMate.com or its representatives, or otherwise with respect to the
service. EliteMate.com specifically disclaims any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
EliteMate.com does not warrant that your use of the EliteMate.com
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.
EliteMate.com disclaims
liability for, and no warranty is made with respect to telephone
services, including coverage, range, or any interruption in telephone
service. This Site may contain links to other sites or resources. We
neither control nor endorse them. You acknowledge and agree that
EliteMate.com shall not be held responsibility for the legality,
accuracy or inappropriate nature of any content, advertising, products
services or information located on such other sites nor for any loss or
damage alleged to have been caused by the use or reliance thereof.
You agree there are absolutely no refunds for the first month's
membership fees or life time memberships to
www.EliteMate.com.
LIMITATION OF
LIABILITY
In no event will
EliteMate.com be liable (i) to you for any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of
data, loss of programs, cost of procurement of substitute services or
service interruptions) arising out of the use of or inability to use the
EliteMate.com service, even if EliteMate.com or its agents or
representatives know or have been advised of the possibility of such
damages or (ii) to any person other than you. Notwithstanding anything
to the contrary contained herein, EliteMate.com'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 EliteMate.com
for the service during the term of membership.
In addition, ELITEMATE
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 EliteMate.com service. EliteMate.com reserves the
right to provide its members with special offers, emails and promotional
messages and items.
STATE-BY-STATE
VARIATIONS
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.
GENERAL
PROVISIONS
You agree that New York
law (regardless of any and all conflicts of law principles) shall govern
this Agreement in its entirety, and that any and all dispute(s) arising
out of or relating to this Agreement shall be subject to the federal and
state courts in the Eastern District of New York. This Agreement,
accepted upon registering for the EliteMate.com service, contains the
entire agreement between you and EliteMate.com regarding the use of the
Service. This Agreement may only be amended upon notice by EliteMate.com
to you, or in written form, signed by you and an authorized official of
EliteMate.com. 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.
NON-COMMERCIAL
USE BY MEMBERS
EliteMate.com is for the
personal use of individual Members only and may not be used in
connection with any commercial endeavors. Any unauthorized and/or
illegal uses of the site, including the unauthorized framing or linking
to the site will be investigated and appropriate legal action will be
undertaken including, without limitation, civil, criminal and injunctive
redress.
COPYRIGHT POLICY
Termination of User
Privileges for Infringement and Contact Information for Suspected
Copyright and Intellectual Property Infringement:
We will terminate the
privileges of any user who uses this Site to unlawfully transmit
copyrighted material without a license, express consent, valid defense
or a fair use exemption to do so. In particular, users who submit User
Content to this Site, whether articles, images, stories, software or
other trademarked or copyrightable material MUST ensure that the content
they upload does not infringe the copyrights, trademarks nor other
rights of third parties (such as privacy or publicity rights). After
proper notification by the copyright or intellectual property holder or
its agent to us, and confirmation through court order or admission by
the user that they have used this Site as an instrument of unlawful
infringement, we will terminate the infringing users' rights to use
and/or access to this Site. We may also in our sole discretion decide to
terminate a user's rights to use or access to the Site prior to that
time if we have a good faith belief that the alleged infringement has
occurred. EliteMate.com shall not be responsible for the acts of
infringing users and such infringing users shall indemnify and hold
harmless EliteMate.com, its officers, agents, employees, et al. from any
and all damages, liabilities and expenses brought about by the
infringement.
The Subscriber hereby
specifically acknowledges that Elitemate.com is NOT an information
content provider and is thus not responsible for the creation or
development of the information being provided
If you believe
that your copyright or intellectual property has been infringed through
the use of this Site, please contact
info@EliteMate.com. Updated
last on 5/24/2006