TERMS AND
CONDITIONS
I. INTRODUCTORY
PROVISIONS:
A. These Website User and
Membership Terms and Conditions govern your use and access to and/or membership
in, the following website: www.realpicdating.com
(hereinafter the “SITE” or “we/our”).
B. IMPORTANT! These Terms and Conditions apply to visitors
and members of the SITE. By accessing,
using, viewing, reading, printing, installing, or downloading any material from
the SITE, or becoming a member to the SITE, you agree to be bound by these
Terms and Conditions. This Agreement is intended to be governed by the Electronic
Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms
and Conditions by any act demonstrating your assent thereto, including clicking
any button containing the words “I agree” or similar syntax. You may submit a paper copy of this transaction and print this form for
your personal records. You have the right to withdraw your consent to use the
E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to
providing the information on this form. Access to this electronic record
requires a simple browser program such as Internet Explorer,TM Netscape,TM Opera,™
Mozilla Firefox,™ or other alternate brands, and a computer.
C. Revisions to This Policy: SITE reserves the right to revise, amend, or
modify this policy and our other policies and agreements at any time and in any
manner. The user should periodically check this web page for any modifications
regarding these Terms and Conditions by re-visiting this web page and using the
“refresh” button on the user’s browser.
The user should note the date of last revision to this page, which
appears at the top of this page. If the
“last modified” date remains unchanged, after the user has clicked the
“refresh” button on his/her browser, the user may presume that no changes have
been made since the last reading of the document. A changed “last modified” dates indicates
that this document has been updated or edited, and the updated or edited
version supersedes any prior versions immediately upon posting.
D. If you do not agree to be bound by these
Terms and Conditions, you may not enter the SITE, you must exit the SITE immediately,
you may not use or access the SITE, and you may not print or download any
materials from the SITE. You may use and
access the SITE only in accordance with these Terms and Conditions. Please consult these Terms and Conditions
regularly and read them carefully before using the SITE. You affirm that you
have read this Agreement and understand, agree and consent to its Terms and
Conditions.
E. These Terms and Conditions are
supplemental to, and in addition to, any terms of service required or imposed
by our billing processor, which are hereby incorporated by reference.
F. You
are solely responsible for obtaining access to the SITE and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the SITE. No equipment, access hardware, or service is
provided by the SITE.
II. SERVICES
PROVIDED AND NOT PROVIDED:
A. The site provides a forum
through which adults may seek and establish personal contact with one another
through the use of the SITE’s capabilities for displaying photographs and
written materials provided by its members.
The SITE contains images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information, and any
other World Wide Web Site owned, operated, licensed, or controlled by SITE (collectively,
“Materials”). All Materials displayed on
the SITE are protected by the First Amendment rights to Free Speech, Free
Expression and Freedom of the Press, and parallel provisions of other
constitutions. The SITE is dedicated to
assisting like-minded individuals locate, and communicate with, each other. We are not responsible for the content of
communications, statements, opinions, posting or other information placed on
the SITE by third parties, via any discussion board, forum, or public area of
the SITE. Such information is intended
to be protected by the immunity provided by Section 230 of the Communications
Decency Act (“CDA”) which immunizes this site, and its agents and employees,
from any claims relating to the content of information posted by third
parties. We do not act as a censor of
such material. You acknowledge that the SITE may offer online content that
could be deemed “adult” “offensive” or “erotic” in nature. While we may choose to remove content that is
identified as illegal, is stolen, or which violates our policies, we do not
edit, review, or change posts made by third parties, prior to the information
appearing online.
B. The SITE does not provide advice, screening,
background checks, warranties, guarantees, or information about members. All information about members is provided by
the members themselves.
C. SITE does not accept
responsibility for any information provided by members. You understand that member-provided
information may be inaccurate, false, or incomplete. By using the SITE, you understand and accept
that information presented in other members’ profiles may be false, misleading,
inaccurate, or incomplete, and that SITE has no responsibility or control over
verifying member-provided information.
D. The
SITE does not pre-approve any of its members or users, prior to their use of
the SITE. It is your responsibility to
properly investigate the background, personality, criminal history, financial
condition, or any other relevant factor affecting your potential compatibility
with any other member or user, prior to communicating with, or meeting such
person. Most importantly, USE COMMON
SENSE! Do not provide any personal
information to individuals who can misuse that information to your
detriment. While the SITE provides a
venue for the exchange of information, ideas and emotion, it does not act as a
guarantor of the accuracy of such information, and all users/members are
encouraged to approach the veracity of any communications occurring on the SITE
with a healthy skepticism.
E. In light of the above,
you hereby di
1. Sexual Harassment,
Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to
the extent recognized in any jurisdiction), Intentional Infliction of Emotional
Distress, Intentional Interference with Contract or Advantageous Business
Relationship, Defamation, Statutory Rape, Misrepresentation or any claim based
on Vicarious Liability for Torts committed by individuals met on or through the
SITE, including but not limited to fraud, assault, battery, stalking, rape,
theft, cheating, perjury, manslaughter, or murder.
2. The above list is
intended to be illustrative only, and not exhaustive of the types or categories
of claims released by you. This release
is intended by the parties to be interpreted broadly in favor of the SITE, and
thus any ambiguity shall be interpreted in a manner providing release of the
broadest claims. This release is
intended to be a full release of claims, and the parties acknowledge the
legally binding nature of this provision, and the nature of the rights given up
in connection therewith.
F. You acknowledge that you
are aware of the nature of the Materials provided by the SITE, that you are not
offended by such Materials and that you access the SITE freely, voluntarily and
willingly. You also acknowledge that this SITE is intended to contain only
images protected by the First Amendment to the United States Constitution. If you are seeking information regarding
illegal activities, please leave this SITE immediately. You are further aware
of the community standards of your community, and you will only access the
content on the SITE if you believe, upon diligent investigation, that the
content on the SITE does not offend the community standards prevalent in your
community. You further agree not to use
or access the SITE if doing so would violate the laws of your state, province or
country.
III. ACCESS
TO, LIMITED LICENSE, AND INTERFERENCE WITH, SITE:
A. Access: To
access the SITE or some of the resources it has to offer, you may be asked to
provide certain registration details or other information. It is a condition of your use of this SITE
that all information you provide will be correct, current, and complete. If the SITE believes the information you
provide is not correct, current, or complete, the SITE has the right to refuse
you access to the SITE or any of its resources, and to terminate or suspend
your access at any time.
B. Limited License: Subject to these Terms and Conditions and
in consideration of using the SITE, the SITE hereby grants you a limited,
nonexclusive, nontransferable personal license to access and use the SITE its
services, and the Materials contained therein. The SITE provides the Materials
and services on this SITE for the personal, non-commercial use by viewers,
fans, visitors, sub
IV. MEMBERSHIP
TERMS, LIMITATIONS & CONDITIONS:
A. Age of
Majority: You represent and warrant you are at least 18 years of
age, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 years of age, you
must exit the SITE immediately and may not use or access the SITE or print or
download any Materials from them. You
may be asked to verify your birth date on the Birth Date Verifier™ form as a
condition of entry onto the SITE, pursuant to 28 U.S.C. §1746. You agree not to bypass any security and/or
access feature on this SITE.
Additionally, the SITE does not assume any responsibility or liability
for any misrepresentations regarding a user’s age.
B. Membership: Membership
may not be assigned, transferred, or sold to a third party. The SITE and its
affiliates di
C. No
Illegal Conduct Allowed: You will not use the SITE in any manner inconsistent
with any applicable laws or regulations.
You may not include any personally-identifying information such as phone
numbers, street addresses, Web site addresses, email addresses, Instant
Messenger screen names, or any other information that if provided may be used
to circumvent the SITE’s communication capabilities. You may not use the SITE to advertise
products or services, nor may you use the SITE in order to solicit products or
services.
D. Email: A
key component of the services provided by the SITE is email communication sent
from us or through us to you. By
initiating membership, you specifically and explicitly agree to accept, and you
consent to receiving commercial and personal email messages sent from us or
sent by other members through our services.
These messages may include emails from other members seeking contact,
emails from the SITE, emails from the SITE regarding potential matches, and
emails from the SITE regarding promotions, events, and other commercial
enterprises that may be part of the services provided by the SITE or that
constitute advertisements of other services provided by the SITE or its parent
corporation, subsidiaries, or partners.
E. You specifically agree to accept all bulk commercial
email that may be sent by the SITE, its principals, Affiliates, assigns,
successors, parent company, or other persons or corporations acting in
conjunction with us. If you commence
membership (either as paid member or in any free trial offers as may be available
from time to time) you are hereby deemed to be engaging in a business
relationship with us. Such business
relationships shall permit us to send you unsolicited email for the purpose of
promoting services provided by SITE or other services as may be offered from
time to time by the SITE, its parent corporation, subsidiaries, or partners. Cancellation of your account or other
business relationships with us shall not be deemed to terminate our
relationship with you with respect to the provision of unsolicited commercial
email. This business relationship is
specifically deemed to continue indefinitely until explicitly terminated by
you, by sending a message to the following email address: unsubscribe@realpicdating.com[KH1].
F. Interference: Except
where expressly permitted by law, you may not reverse-engineer, decompile,
disassemble or make derivative works from our SITE’s Materials. User hereby
agrees not to use any automatic device or manual process to monitor or reproduce
the SITE, and will not use any device, software, computer code, or virus to
interfere or attempt to disrupt or damage the SITE or any communications on it.
G. Registration: You are responsible for
providing all equipment and the computer necessary to access the SITE. You may access the non-public portion of the
SITE only by being a member in good standing to the SITE. The
SITE reserves the right to modify Materials and the SITE’s design at anytime,
with or without prior notice.
1. You may become a member of the SITE by completing an
online registration form, which must be accepted by SITE, and you must pay the
subscription fee. Upon submission of the
online registration form, SITE or its authorized agent will process the
application. In connection with
completing the online registration form, you agree to:
a. Provide true, accurate, current and complete information
about yourself as prompted by the registration form (such information being the
“Registration Data”) and
b. Maintain and promptly update the Registration Data
to keep it true, accurate, current and complete at all times while you are a
member. You must promptly inform SITE of all changes, including, but not
limited to, changes in your address and changes in your credit card used in
connection with billing for the SITE.
2. If you provide any information that is untrue,
inaccurate, not current or incomplete, or SITE or any of its authorized agents
have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, SITE has the
right to suspend or terminate your account and refuse any and all current or
future use of the SITE, as well as subjecting you to criminal and civil
liability.
3. Subscription fees are non-refundable, and you are responsible for any credit card charge backs, dishonored checks and any related fees that we incur with respect to your account.
H. Member
Account, Password, and Security: As part of the registration process, you will be
issued a unique user name and password which you must provide in order to gain
access to the non-public portion of the SITE.
You certify that when asked to choose a username you will not choose a
name which may falsely represent you as somebody else or a name which may
otherwise be in violation of the rights of a third party.
1. We reserve the right to disallow the use of usernames
that we, at our sole discretion, deem inappropriate. We reserve the right to cancel, at any time,
the membership of any member who uses their selected username in violation of
these Terms and Conditions or in any other way we, in our sole discretion, deem
inappropriate.
2. Your membership, user ID, and password are
nontransferable and non-assignable.
3. You represent and warrant that you will not disclose your unique user name and password to any other person and that you will not provide access to the SITE to anyone who is below the age of majority in your state, province, or country, or who otherwise is not eligible to view the content on the SITE.
4. You are solely responsible for maintaining the
confidentiality of your user name and password and are fully responsible for
all activities that occur under your user name and password. SITE will not release your password for
security reasons.
5. Regarding additional password and account security, You
agree to:
a. Immediately notify SITE of any unauthorized use of your user
name and password or any other breach of security, and
b. Ensure that you exit from your account at the end of each
session. You are liable and responsible
for any unauthorized use of the SITE until you notify SITE by email regarding
that unauthorized use. Unauthorized
access to the SITE is illegal and a breach of this Agreement. You indemnify the SITE against all activities
conducted through your account. You may
obtain access to your billing records regarding charges of your use of the SITE
upon request.
V. BONUS PROGRAM:
A. Upon your profile and membership being accepted by us,
your profile may permit you to earn a percentage of derivative member
fees. As non-members visit the SITE, if
they sign-up for the service through your profile, you will be entitled to a
percentage of that new member’s monthly membership fee. Once an attempt is made to contact you via
chat or email, the new member will be tracked and upon sign-up, you will
receive a bonus payment. If browsing
members do not attempt to chat or contact anyone, the last picture they viewed
before joining will be considered to be the referring profile, and that member
shall receive the sign-up bonus.
B. There are two payout plans and two ways to earn money
through the SITE:
1. Once your profile is approved, you will receive an
email with a special link. That link
will bring browsers directly into your profile. Anyone that clicks on that link will be
tracked as your referral. Should they
become paying members to the SITE, you will receive $10.00 per month for as
long as they remain a member.
2. If a random surfer clicks on your chat button, then
becomes a paying member, you will receive a $5.00 bonus.
C. In order to receive a check for your bonuses, your
account must have at least $15.00 in it.
No payouts will be made for bonus earnings of less than $15.00.
D. Your earnings and payments are based upon the monthly
memberships of your referrals. If there
are any chargebacks, you are responsible for them, and chargebacks will be
deducted in full from your payments/ earnings.
E. Although there is an incentive for you to promote your
profile as widely as possible, you must note that use of illegal spam is
strictly prohibited. For further details
see the Restrictions on Use section of this Agreement and our Spam Policy[KH2], which is hereby incorporated by references as part
of this Agreement.
F. Any emails sent that are in violation of our Spam
Policy will result in the immediate termination of your account, and a
forfeiture of all bonuses. Additionally,
if you send any email that violates the SITE's Spam Policy, you agree to pay us
one hundred dollars for each such email plus any fines that may be imposed upon
us as a result of your violation of the policy.
VI. RESTRICTIONS ON USE:
A. General: We are entitled to investigate and
terminate Your membership if You have misused the SITE, or behaved in a way
which could be regarded as inappropriate, unlawful or illegal. The following is
a partial, but not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement:
1. You will not impersonate
any person or entity, and will accurately represent your gender in your profile
communications.
2. You will not “stalk” or
otherwise harass any person, and if any member or other person requests that
you cease communications with them, at any time, for any reason, you will
immediately comply with said request.
3. You will not express or
imply that any statements You make are endorsed by us, without our specific
prior written consent.
4. You will not post, email
or otherwise transmit any material that contains software viruses or any other
computer code, files, or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
5. You will not forge
headers or otherwise manipulate any other identifying information in order to
disguise the origin of any information transmitted through the SITE.
6. You will not use your profile or any other portion of
the SITE or our services to promote any other business enterprise, nor will you
attempt to use any of our services to promote an escort service, prostitution,
web-cams, or any other form of related enterprise.
B. Technical:
You
may use the SITE only for purposes expressly permitted by the Terms and
Conditions of the SITE. You may not use
the SITE for any other purpose, including any commercial purpose, without the SITE’s
express prior written consent. Without
the express prior written authorization of the SITE, you may not:
1. Duplicate the SITE or any of the Materials contained
therein (except as expressly provided elsewhere in this Agreement);
2. Create derivative works based on the SITE or any of
the Materials contained therein;
3. Use the SITE or any of the Materials contained therein
for any public display, public performance, sale, or rental;
4. Re-distribute the SITE or any of the Materials
contained therein;
5 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;
6. Frame or utilize any framing techniques in connection
with the SITE or any of the Materials contained therein;
7. Use any meta-tags or any other “hidden text” using the
SITE’ name or marks. In your profile and
communications via the SITE, You will not use meta tags, HTML, JAVA code, or
any other methods in order to direct any person to any other web site for any
purpose.
8. “Deep-link” to any page of the SITE (you may link only
to the homepage);
9. Circumvent any encryption or other security tools used
anywhere on the SITE (including the theft of user names and passwords or using
another person’s user name and password in order to gain access to a restricted
area of the SITE);
10. You will not use any manual or automatic device or
process to retrieve, index, “data mine,” or, in any way reproduce or circumvent
the navigational structure or presentation of the SITE or its contents. This prohibition includes the use of any data
cultivation software, bots, robots, crawlers, or any other process or device;
11. Decompile, reverse engineer, modify or disassemble any
of the software aspect of the Materials except and only to the extent permitted
by applicable law. You will not modify,
adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service or any software used on or for
the Service or cause or enable others to do so;
12. You will not interfere with or disrupt the SITE’s
services or any other site, servers, or networks connected to any other site or
service;
13. Sell, rent, lease,
license, sublicense, transfer, distribute, re-transmit, time-share, use as a
service bureau or otherwise assign to any third party the Materials or any of
your rights to access and use the Materials as granted elsewhere in this
Agreement; or
14. Bookmark any page of the SITE
beyond the registration log-in screen.
You agree to cooperate with the SITE in causing any unauthorized use to
cease immediately. At any time, if the SITE
provides a service enabling users to share information or communicate with
other users, you hereby agree not to publish, disseminate or submit any
defamatory, offensive or illegal material while using the SITE or other
services included on the SITE. You are solely responsible for submitting any
material that violates any
C. SPAM
PROHIBITION:
1. There is a bonus provided as an incentive to members to solicit other
potential members. The current incentive
program is located here: [INSERT LINK[KH3]].
Nevertheless, while members may use reasonable promotional tools to
promote their profile, there are specific prohibitions on promotion including
the following:
2. Spam: You agree not
to use any facilities or capabilities of the SITE to solicit the performance of
any activity that is prohibited by the CAN-SPAM Act dealing with illegal
distribution of unsolicited commercial bulk email (“UCBE”), commonly known as
“spam,” nor shall members forge or use without authorization any mail header
information from any source. Members
agree to the SITE’s Spam Policy [INSERT LINK][KH4] which
is hereby incorporated by reference. Any
breach of the SITE’s Spam Policy will result in immediate termination of your
account, forfeiture of any payments due, and the immediate provision of your
identity and contact information to the Federal Trade Commission and any other
applicable law enforcement agencies.
D. Customer
Services Interaction: Our customer service employees are here to make your
online experience enjoyable by providing assistance and guidance to You. When
speaking to our other members or customer service employees on the phone or
communicating with them by any other means, You agree not to be abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing, or
racially offensive. Should any of our customer service employees or other
members feel, at any given point, threatened or offended by Your conduct, We
reserve the right to immediately terminate Your membership and You shall not be
entitled to the refund of any subscription payments We have received from You.
E. Download Limit: As a member in good
standing, you may download up to 500 MB of data each day. Upon reaching this limit, you may be denied
access to download any additional data until the beginning of the next
day.
F. Photographs or “Pics”:
1. In
order to promote your profile, you may upload photographs of yourself. You may upload up to 5 photographs. One of your photographs must be a full-body
picture. Another of your photographs
must be of you holding a sign that contains the SITE’s name. The rest of your pictures may be at your
discretion, as long as they do not violate any of the other terms of this
Agreement. None of your photographs may
contain nudity.
2. By uploading any
photographs of yourself, you hereby swear that you own or control all
intellectual property rights with respect to the uploaded photographs; and,
3. You hereby irrevocably
grant a non-exclusive right and license to the SITE to:
a. Reproduce, transmit, communicate, display, or
distribute the photographs, on or as part of the SITE, on other Internet sites,
or elsewhere, for promotional or commercial purposes, by means of any
technology, whether now known or hereafter to become known;
b. Reproduce your pics in digital form of display on the
Internet (alone or in combination with other works, including, but not limited
to, text, data, images, photographs, illustrations, animation, graphics, video,
or audio segments, and hypertext links);
c. Adapt, modify, or alter your photographs or otherwise
create derivative works based upon your photographs; and for all other
reasonable promotional or commercial uses either as part of the operation of
the SITE, or as a promotion or operation of any derivative or related
businesses.
VII. ACCEPTABLE PRACTICES Policy for PROMOTIONS:
A. If you seek to promote
REALPICDATING in order to draw attention to your profile, whether for personal
or financial reasons, then you shall immediately be strictly bound by the
following Acceptable Use terms.
B. You agree to be bound by
the following general policies in connection with all content with which REALPICDATING’s Materials
are associated:
1. Illegal content is
strictly forbidden from any web page where REALPICDATING is promoted. Illegal content includes, but is not limited
to: child pornography, illegal firearms, incest, warez content, scatological
pornography, coffins and necrophilia fetishism, defecation, urination, genital
mutilation, sacrilegious content, teen modeling, actual or simulated rape,
sexual violence, menstruation, obscenity, bestiality, threats of physical harm
to persons or property, programs containing viruses, pirated software, wire
fraud, drug trafficking, and/or violations of international export control
laws. RPD1,
INC., reserves the right to review and/or reject any content created
and/or posted by You.
2. Any fraudulent, deceptive
or unfair transactions or trade practices are strictly forbidden. You agree to
fully comply with the United States Federal Trade Commission (“FTC”) statutes
and regulations, and any related rules, policies, and advisory opinions issued
by the FTC. No commissions or bonuses
will be paid on transactions that violate any of the above, and all funds otherwise
due may be withheld if such conduct is suspected. In addition, your account may
be, and most likely will be, terminated in such circumstances.
3. REALPICDATING may not be
promoted on any Site that encourages password trading, distribution, or hacking. REALPICDATING
may not be prosecuted through the direct or indirect use of warez content,
spamming, bulk listing on newsgroups, search engines, bulk emailing, or hidden
frames.
4. You shall not engage in
any activities that may be harmful to the image, goodwill, or reputation of RPD1, INC. or
REALPICDATING.COM.
5. If You promote
REALPICDATING on a website, that website may not also directly or indirectly
advertising links, banners, or promotional materials for sites or services that
would violate any terms of the Terms & Conditions, including the Acceptable
Practices Policy.
6. You may not attempt to
cheat, defraud or mislead RPD1,
INC., in any way.
7. Violation of the
restricted nonexclusive license provided in this Agreement is prohibited and may,
and most likely will, result in termination of Your account.
8. You may not use REALPICDATING’s material
or images to promote other sites, businesses, or services of any kind.
9. You shall not use any
material that contains “Trojan Horses,” viruses, or the like, which causes
damage to any computer or programs regardless of intent. You will be solely responsible for any damage
caused by the aforementioned destructive materials and the use of such
materials may result in the termination of this Agreement.
10. You may not circumvent, or
attempt to circumvent, any access or security screens requiring users to enter
their birth date and/or requiring agreement to REALPICDATING’s Terms and Conditions.
12. RPD1, INC., enforces a strict,
zero tolerance policy with respect to child pornography. If you promote REALPICDATING on a website,
that site may not use any models under the age of eighteen (18) or suggest that
its models are under the age of eighteen (18), either through text or other
implication. If You are suspected of violating this zero tolerance provision,
you shall be terminated from the Program immediately and without recourse.
13. Any websites upon which
REALPICDATING is promoted must contain all
14. You may not “hotlink” to
any of REALPICDATING’
images, banners and/or graphics.
15. You must provide within 24
hours, upon request by RPD1,
INC., access to any password protected area where REALPICDATING Websites are
being or have been promoted.
16. You may not solicit or
permit any minor to become a customer of REALPICDATING.COM.
17. You agree to indemnify and hold RPD1, INC., harmless from
any and all liabilities, claims, damages (including attorney’s fees), threatened
or incurred as a result of Your activities or omissions.
18. RPD1, INC., shall retain the
discretion to interpret, modify, terminate and/or enforce any of the general
policies for You and all other Members.
C. Suspected violation of any of the Acceptable Practices
Policies may result in termination from the Program and forfeiture of any past
or future commissions or payments, whether earned or unearned. Termination and Forfeiture will only be
reversed or foregone if there is absolute incontrovertible evidence that You
have not, in fact, engaged in any violations of the Acceptable Practices
Policies or any other portion of the Terms & Conditions.
VIII. BILLING AND PAYMENT ISSUES:
A. Membership Fees: Membership
fees to the SITE are prominently displayed prior to your sub
B. Billing Errors: If you believe that you have
been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30)
days after such billing error first appears on any account statement, such fee
will be deemed acceptable by you for all
purposes, including resolution of inquiries made by your credit card issuer.
You release us from all liabilities and claims of loss resulting from any error
or discrepancy that is not reported to us within thirty (30) days of its
publication.
IX. TERMINATION:
A. You may cancel your membership at any time by sending an email to the customer service department of the SITE and
providing:
1. A notice of your intent to cancel the membership along with
your user name and password; and
2. Any outstanding fees owed for your membership.
B. You hereby agree to be personally liable for any and all charges incurred
by you until termination of membership for goods or services through your use of the SITE. In
the event that your account is canceled by you, no refund, including any
membership fees, will be granted; no online time or other credits will be
credited to you or can be converted to cash or other form of reimbursement. This
Agreement’s provisions shall survive its termination, unless otherwise stated.
Upon our processing of your request to cancel your membership, you will no
longer have access to the non-public areas of the SITE to which you were a
member.
C. Without limiting other remedies, the SITE may immediately
issue a warning, temporarily suspend, indefinitely suspend, or terminate your
access and use of the SITE and refuse to provide our services to you at any
time, with or without advance notice, if:
1. SITE believes that you have breached any material term of
these Terms and Conditions or the documents it incorporates by reference;
2. You fail to pay any amount due by the payment due date;
3. We are unable to verify or authenticate any information you
provide to us;
4. We believe that your actions may cause legal liability for
you, our users or us; or
5. SITE decides to cease operations or to otherwise di
D. Further, you agree that neither SITE nor any third
party acting on our behalf shall be
liable to you for any termination of your membership or access to the SITE.
E. You agree that if your account is terminated by SITE,
you will not attempt to re-register as a member without prior written consent
from SITE.
F. Cancellation of your account or other business relationships with us shall not be deemed to terminate our relationship with you with respect to the provision of unsolicited commercial email. This business relationship is specifically deemed to continue indefinitely until explicitly terminated by you, by sending a message to the following email address: unsubscribe@realpicdating.com[KH5].
X. DISCLAIMER OF WARRANTY:
A. You
expressly agree that use of the SITE or any of the services or materials
contained therein is at your own and sole risk.
B. The
SITE and all services or materials contained therein are provided “as is”
without warranty of any kind, either express or implied, including but not
limited to, any implied warranties of merchantability, fitness for a particular
purpose, title, or non-infringement.
C. SITE
makes no representations or warranties that the SITE or any services or materials
contained therein will be uninterrupted, timely, secure, or error free; nor
does SITE make any representations or warranties as to the quality,
suitability, truth, usefulness, accuracy or completeness of the SITE or any of
the services or materials contained therein.
D. You
also understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the SITE or any of the services or materials
contained therein is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data that
results from the download of such material and/or data.
E. You
understand that SITE cannot and does not guarantee or warrant that files
available for downloading from the internet will be free of viruses, worms,
trojan horses or other code that may manifest contaminating or destructive
properties. SITE does not assume any
responsibility or risk for your use of the internet.
F. SITE
makes no warranty regarding any goods or services purchased or obtained through
the SITE or any transaction entered into through the SITE and is not responsible
for any use of confidential or private information by sellers or third parties.
G. SITE owner may change any of the
information found at this SITE at any time without notice including the terms
of service without notice. SITE owner
makes no commitment to update the information found at this SITE. SITE makes no commitment to
update the services or materials.
H. The warranties and representations set
forth in this agreement are the only warranties and representations with
respect to this agreement, and are in lieu of any and all other warranties,
written or oral, express or implied, that may arise either by agreement between
the parties or by operation of law, including warranties of merchantability and
fitness for a particular purpose. None
of these warranties and representations will extend to any third person. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the
above exclusions may not apply to you.
XI. DISCLAIMER:
A. The provision of any services which is in violation of
any laws is strictly prohibited. If the
SITE determines that you have provided or intend to purchase or provide any services
in violation of any law, your ability to use the SITE will be terminated
immediately. We do hereby disclaim any
liability for damages that may arise from any user providing any services for
any purpose that violates any law.
B. You do hereby agree to defend, indemnify and hold us
harmless from any liability that may arise should you violate any law.
C. You do also hereby agree to defend and indemnify us
should any third party be harmed by your illegal actions or should we be
obligated to defend any claims including, without limitation, any criminal
action brought by any party not affiliated with this SITE.
D. Our SITE may contain material posted by third parties that
may be considered offensive to some individuals. You do hereby agree to indemnify and hold us
harmless from any liability that may arise from reviewing such material and
warrant and agree to cease review of the SITE should you find it offensive.
E. If you are seeking services that are in violation of
any applicable laws whatsoever, you may not use this SITE and do hereby agree
to exit it immediately.
XII. LIMITATION
OF LIABILITY:
A. In no event shall SITE (or its
licensors, agents, suppliers, resellers, service providers, or any other
subscribers or suppliers) be liable to you, or any other third party for any
direct, special, indirect, incidental, consequential, exemplary, or punitive
damages, including without limitation, damages for loss of profits, loss of
information, business interuption, revenue, or goodwill, which may arise from
any person’s use, misuse, or inability to use the SITE or any of the materials
contained therein, even if SITE has been advised of the probability of such
damages. This is for any matter arising
out of or relating to this agreement, whether such liability is asserted on the
basis of contract, tort or otherwise, even if SITE has been advised of the
possibility of such damages.
B. In no event shall SITE’s maximum total
aggregrate liability hereunder for direct damages exceed the total fees actually
paid by you for use of a SITE or SITE for a period of no more than one (1)
month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
XIII. INDEMNITY:
You agree to defend, indemnify, and hold harmless the
SITE, its officers, directors, shareholders, employees, independent contractors,
telecommunication providers, and agents, from and against any and all claims,
actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting from your, or you under
another person’s authority including without limitation to governmental
agencies, use, misuse, or inability to use the SITE or any of the Materials
contained therein, or your breach of any of these Terms and Conditions. SITE shall promptly notify you by electronic
mail of any such claim or suit, and cooperate fully (at your expense) in the
defense of such claim or suit. We reserve the right to participate in the
defense of such claim or defense at its own expense, and choose its own legal
counsel, but are not obligated to do so.
XIV. LINKS AND LINKING:
A. Some websites which are linked to the SITE are owned
and operated by third parties. Because the SITE has no control over such websites
and resources, you acknowledge and agree that SITE is not responsible or liable
for the availability of such external websites or resources, and does not
B. You further acknowledge and agree that SITE shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such third-party content, goods
or services available on or through any such website or resource. If you decide to access any such third party website,
you do so entirely at your own risk and subject to any terms and conditions and
privacy policies posted therein.
C. Users further acknowledge that use of any website
controlled, owned or operated by third parties is governed by the terms and
conditions of use for those websites, and not by this SITE’s Terms and
Conditions, Spam Policy, Webmaster Agreement, or Privacy Policy, which (if
posted on the SITE) are incorporated by reference.
D. Links to external websites (including external websites
that are framed by the Site) or inclusions of advertisements do not constitute
an endorsement by the SITE of such websites or the content, products,
advertising or other materials presented on such SITE, but are for user's
convenience. Users access them at their own risk.
E. The SITE expressly di
F. All users do hereby agree to hold the SITE harmless
from any and all damages and liability that may result from the use of links
that may appear on the SITE. The SITE reserves the right to terminate any link
or linking program at anytime.
XV. TRADEMARK INFORMATION:
A. This SITE and the aforementioned names of the SITES are service marks and/or trademarks of the SITE. The terms “REALPICTUREDATING” and “REALPICDATING” are considered trademarks of the SITE[KH6]. We aggressively defend our intellectual property rights.
B. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
C. The SITE’s marks, logos, domains,
and trademarks may not be used publicly except with express written permission
from SITE, and may not be used in any manner that is likely to cause confusion
among consumers, or in any manner that disparages or di
XVI. COPYRIGHT INFORMATION:
A. The Materials accessible from the SITE, and any
other World Wide Web Site owned, operated, licensed, or controlled by SITE, is
the proprietary information and valuable intellectual property of SITE or the
party that provided the Materials to SITE, and SITE or the party that provided
the Materials to SITE retains all right, title, and interest in the
Materials. The
SITE and its software are registered with the U.S. Copyright Office.
B. The Materials may not be copied, distributed,
republished, modified, uploaded, posted, or transmitted in any way without the
prior written consent of SITE, except that you may print out a copy of the
Materials solely for your personal use.
In doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Content except as
expressly provided in these Terms and Conditions violates the SITE’s
intellectual property rights.
D. Neither title nor intellectual property rights are
transferred to you by access to the SITE.
E. All Materials included on the SITE, such as text,
graphics, photographs, video and audio clips, music, soundtracks, button icons,
streaming data, animation, images, downloadable materials, data compilations
and software is the property of the SITE or its content suppliers and is
protected by United States and international copyright laws. The compilation of
all Materials on the SITE is the exclusive property of the SITE or its content
suppliers and protected by
XVII. NOTICE OF CLAIMED INFRINGEMENT:
The SITE respects the intellectual property of
others, and we ask our users to do the same. We voluntarily observe and comply
with the
A. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property
interest;
B. Description of the copyrighted work or other intellectual
property that you claim has been infringed;
C. A description of where the material that you claim is
infringing is located on a SITE;
D. Your address, telephone number, and email address;
E. A 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; and
F. A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
G. You may send your Notice of Claimed Infringement to:
Phone: (407) 389-4529
Fax: (407) 774-6151
Please
do not sent other inquires or information to our Designated Agent.
XVIII. NOTICE
AND TAKEDOWN PROCEDURES:
The
SITE implements the following “notice and takedown” procedure upon receipt of
any notification of claimed copyright infringement:
A. The SITE reserves the right at any time to disable
access to, or remove any material or activity accessible on or from the SITE or
any Materials claimed to be infringing or based on facts or circumstances from
which infringing activity is apparent.
B. It is the firm policy of the SITE to terminate the
account of repeat copyright infringers, when appropriate, and the SITE will act
expeditiously to remove access to all material that infringes on another’s
copyright, according to the procedure set forth in 17 U.S.C. §512 of the
Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice
Procedures are set forth in the preceding paragraph. If the notice does not
comply with Paragraph 19 and §512 of the DMCA, but does comply with three
requirements for identifying SITE that are infringing according to §512 of the
DMCA, the SITE shall attempt to contact or take other reasonable steps to
contact the complaining party to help that party comply with the notice
requirements.
C. When the Designated Agent receives a valid notice, the
SITE will expeditiously remove and/or disable access to the infringing material
and shall notify the affected user. Then, the affected user may submit a
counter-notification to the Designated Agent containing a statement made under
penalty of perjury that the user has a good faith belief that the material was
removed because of misidentification of the material. After the Designated
Agent receives the counter-notification, it will replace the material at issue
within 10-14 days after receipt of the counter-notification unless the
Designated Agent receives notice that a court action has been filed by the
complaining party seeking an injunction against the infringing activity.
D. The SITE reserve the right to modify, alter or add to
this policy, and all users should regularly check back to these Terms and
Conditions to stay current on any such changes.
XIX. EXPORT
CONTROL:
A. You understand and acknowledge that the software
elements of the Materials on the SITE may be subject to regulation by agencies
of the United States Government, including the United States Department of
Commerce, which prohibits export or diversion of software to certain countries
and third parties. Diversion of such Materials contrary to
B. You will not assist or participate in any such
diversion or other violation of applicable laws and regulations.
C. You warrant that you will not license or otherwise
permit anyone not approved to receive controlled commodities under applicable laws
and regulations and that you will abide by such laws and regulations.
D. You agree that
none of the Materials are being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals or be used for proscribed activities.
XX. NO AGENCY RELATIONSHIP:
Nothing in this Agreement shall be deemed to
constitute, create, imply, give effect to, or otherwise recognize a
partnership, employment, joint venture or formal business entity of any kind;
and the rights and obligations of the parties shall be limited to those
expressly set forth herein.
XXI. NOTICE:
A. Notice: Any
notice required to be given under this Agreement may be provided by email to a
functioning email address of the party to be noticed, by a general posting on
the SITE, or personal delivery by commercial carrier such as FedEx or Airborne.
Notices by customers to SITE shall be given by electronic messages unless
otherwise specified in the Agreement.
B. Change
of Address: Either party may change the address to which notice is
to be sent by written notice to the other party pursuant to this provision of
the Agreement.
C. When Notice is Effective: Notices
shall be deemed effective upon delivery. Notices delivered by overnight
carrier (e.g., United States Express Mail or Federal Express) shall be deemed
delivered on the business day following mailing. Notices mailed by United
States Mail, postage prepaid, registered or certified with return receipt
requested, shall be deemed delivered five (5) days after mailing. Notices
delivered by any other method shall be deemed given upon receipt. Notices
by email and facsimile transmission, with confirmation from the transmitting
machine that the transmission was completed, are acceptable under this
Agreement provided that they are delivered one (1) hour after transmission if
sent during the recipient's business hours, or
D. Refused, Unclaimed, or Undeliverable
Notice: Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the Party to be
notified shall be deemed effective as of the first date that said notice was
refused or deemed undeliverable by the postal authorities, messenger, facsimile
machine, email server, or overnight delivery service.
XXII. COMMUNICATIONS NOT PRIVATE
NOR WARRANTED:
A. SITE does not provide any facility for sending or
receiving private or confidential electronic communications. All messages
transmitted to SITE shall be deemed to be readily accessible to the general
public. Visitors should not use this SITE to transmit any communication for
which the sender intends only the sender and the intended recipient(s) to read.
Notice is hereby given that all messages
entered into this SITE can and may be read by the agents and operators of this
service, regardless of whether they are the intended recipients of such
messages.
B. We are not required to store incoming or outgoing
messages on your account, and reserve the right to purge any or all accounts,
or to purge accounts selectively as may be necessary or desirable in our sole
discretion. You acknowledge that we have
no liability for the deletion, corruption, or failure to store, any
information, content, messages, profiles, photographs, or any other data
transmitted through or by the SITE.
XXIII. FORCE MAJEURE:
SITE
shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil
or military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or
any failure of a computer, server or software, including Y2K errors or
omissions, for so long as such event continues to delay the SITE’s performance.
XXIV. GENERAL
PROVISIONS:
A. Governing Law: These
Terms and Conditions and all matters arising out of or otherwise relating to
these Terms and Conditions shall be governed by the laws of the State of
B.
Rights to Injunctive Relief: Both
parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party’s
breach, and that an aggrieved party shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all
other remedies available at law or in equity.
C.
Binding Arbitration:
If
there is a dispute between the Parties arising out of or otherwise relating to
this Agreement, the Parties shall meet and negotiate in good faith to attempt
to resolve the dispute. If the Parties are unable to resolve the dispute
through direct negotiations, then, except as otherwise provided herein, either Party
may submit the issue to binding arbitration in accordance with the
then-existing Commercial Arbitration Rules of the American Arbitration
Association. Arbitral Claims shall
include, but are not limited to, contract and tort claims of all kinds, and all
claims based on any federal, state or local law, statute, or regulation,
excepting only claims under applicable worker’s compensation law, unemployment
insurance claims, actions for injunctions, attachment, garnishment, and other
D. Assignment: The rights and liabilities of the parties hereto
will bind and inure to the benefit of their respective assignees, successors,
executors, and administrators, as the case may be.
E.
Severability: If for any reason a court of competent jurisdiction
or an arbitrator finds any provision of these Terms and Conditions, or any
portion thereof, to be unenforceable, that provision will be enforced to the
maximum extent permissible and the remainder of these Terms and Conditions will
continue in full force and effect.
F. Attorney’s
Fees: In the event any Party shall commence any claims, actions, formal legal
action, or arbitration to interpret and/or enforce the terms and conditions of
this Agreement, or relating in any way to this Agreement, including without
limitation asserted breaches of representations and warranties, the prevailing
party in any such action or proceeding shall be entitled to recover, in
addition to all other available relief, its reasonable attorney’s fees and
costs incurred in connection therewith, including attorney’s fees incurred on
appeal.
G. No
Waiver: No waiver of SITE shall be
deemed a waiver of any subsequent default of the same provision of these Terms
and Conditions. If any term, clause or
provision hereof is held invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any
other term, clause or provision and such invalid term, clause or provision shall
be deemed to be severed from these Terms and Conditions.
H. Headings: All headings are solely for the convenience of
reference and shall not affect the meaning, construction or effect of these
Terms and Conditions.
I. Complete
Agreement: These Terms and Conditions
constitute the entire agreement between the parties with respect to your access
and use of the SITE and the Materials contained therein, and your membership
with the SITE, and supersede and replace all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. No amendment to
or modification of these Terms and Conditions will be binding unless in writing
and signed by a duly authorized representative of both parties.
J. Modifications: SITE reserves the right to change any of the
provisions posted herein and you agree to review these Terms and Conditions
each time you visit the SITE. Your continued use of the SITE following the SITE’s
posting of any changes to these Terms and Conditions constitutes your
acceptance of such changes. The SITE does not and will not assume any
obligation to provide you with notice of any change to these Terms and
Conditions. Unless accepted by SITE in writing, these Terms and Conditions may
not be amended by you.
K. Government Rights: The software elements of the Materials have been
developed at private expense and are “commercial computer software” or
“restricted computer software” within the meaning of the
L. Other
Jurisdictions: SITE makes no representation
that the SITE or any of the Materials contained therein are appropriate or
available for use in other locations, and access to them from territories where
their content may be illegal or is otherwise prohibited. Those who choose to
access the SITE from such locations do on
their own initiative and are solely responsible for compliance with all
applicable local laws.
COMPLAINTS –
The
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501,
[KH1]Client – I have just suggested this email address, you may wish to use a different one.
[KH2]Insert link to Spam Policy.
[KH3] Insert link to current incentive program. Link should go to Article V.
[KH4]Client – Insert link to Spam Policy.
[KH5]Client – I have just suggested this email address, you may wish to use a different one.
[KH6]Does the client have any other marks?
[KH7] Client, you should register the site, or delete this if you elect not to.