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The Member Agreement below is effective for all members
Last Updated on May 8, 2003
MyPlaydate.com Member Terms and Conditions
Welcome to MyPlaydate.com, a service for parents to meet other parents online (the “Service”).
Please read these terms and conditions carefully to be sure that you understand them. Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service.
1. Eligibility.
You must be eighteen (18) or over to register as a member of MyPlaydate.com or use this Web site. Membership in the Service is invalid where prohibited. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
The Service is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose.
2. Registration and Subscription
Although you may register as of member of the Service for free, if you wish to communicate with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that are set out in the price list located at http://www.MyPlaydate.com/index.php?page=about. This price list is part of this contract. We can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by writing to us at our address listed below or sending us an email at support@MyPlaydate.com.
3. Term and Termination
a. This Agreement will remain in full force and effect while you are a member of the Service.
b. You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may contact us at our address listed below or you may email us at support@MyPlaydate.com.
c. We may immediately terminate your membership and your access to the Service because you have breached this Agreement and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership in the Service because you have breached the Agreement, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this contract at any time by giving you reasonable advance written notice.
4. Your Use of the Service and Content Posted on the Site
a. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
b. We are entitled to review and delete any content, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
c. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other members.
d. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us 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.
e. We are entitled to investigate and revoke a person’s membership if a member has misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of Content that is illegal or prohibited on the Web site, Content that:
· expresses or implies that any statements you make are made or endorsed by us;
· is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person;
· 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);
· displays pornographic or sexually explicit material of any kind;
· 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 personally identifying information for commercial or unlawful purposes from other users; and
· engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
f. You must use the Service in a manner consistent with any and all applicable laws and regulations.
g. You may not include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.
h. 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 we cannot monitor the conduct of our 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 reserve the right to restrict the number of emails that a member may send to other members in any 24-hour period to a number which we deem appropriate in our reasonable discretion.
5. Member Disputes.
You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
6. Privacy.
Use of the Web site and/or the Service is also governed by our Privacy Policy. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties as may be involved in the provision and operation of the Service.
7. Our Responsibilities
a. We will operate the Web site for the Service with the reasonable skill and care of an online service provider.
b. We will do our best to maintain the operation of the Web site for the Service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as possible after any suspension.
c. We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.
d. If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.
8. Proprietary Information
The Service contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
9. Disclaimers.
a. The Web site and the Service are provided on an “as-is” basis. We cannot guarantee and do not promise any specific results from use of the Site and/or the Service. We make no warrantiesguarantees or representations as to the quality or fitness for a particular purpose of the Service except that we will operate the Web site for the Service with reasonable skill and care of an online service provider.
b. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Site and the Service.
10. Limitation on Liability.
a. In the absence of any negligence or other breach of duty by us, your use of the Site and this Service is entirely at your own risk.
b. If we are in breach of the arrangements under this Agreement, we will not be responsible for any losses that you suffer as a result, except those losses that are a reasonably foreseeable consequence of the breach.
c. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
11. Modifications to this Agreement
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
12. Release
In the event that you have any claim or action against any other member arising from that member’s use of our Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Web site or the Service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter.
13. Dispute Resolution
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, English law governs this contract and you must do so within the United Kingdom.
14. Contact Information
If you have any questions about the rights and restrictions above, please contact us at support@MyPlaydate.com.
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