This Agreement describes your
responsibilities and limits our liability, among
other things. Please read it carefully before
submitting a registration form or using the
LinkAll Personals web site (the "Site").
This online dating service is a way for adults
to meet each other (the "Service").
It is a condition of registration and use that
you agree and are subject to these terms.
Acceptance of terms
The Site is owned and operated by Acecomp Plus
and is operated under LinkAll Personals hereby known
as LinkAll Personals. LinkAll Personals makes available
through the Site information, documents, images,
products, software and various services (collectively,
the "Services"), subject to the following
Terms and Conditions (the "Terms of Use").
By using this Site, including access to the
Services, you agree to these Terms of Use. Your
use of the Site will be subject to the most
current version of the Terms of Use posted on
the Site at the time of such use. If you breach
any of the Terms of Use, your authorization
to use this Site automatically terminates and
you must immediately destroy any materials downloaded
or printed from the Site and cease any further
use of the Services.
Service description
The Site currently provides users with a communications
method for joining adults seeking friendships,
dating, relationships and more. Users understand
and expressly agree that LinkAll Personals does not
have control over the quality, integrity, responsibility,
legality or any other aspect of the information
provided by and/or communicated by our users.
LinkAll Personals does not screen, interview, schedule
meetings or perform background checks on any
user. All users expressly agree not to hold
LinkAll Personals (or LinkAll Personals's agents, assigns,
representatives, advertisers or employees) liable
for any representation, instructions, communications
or advice provided to or by users of this site.
LinkAll Personals will not be held responsible and
expressly disclaims any liability whatsoever
for any claims and/or controversies that may
arise for any disputes between any users.
Registration responsibilities
Access to and use of the Services are only available
to individuals who have registered. You agree
to: (a) provide true, accurate, current and
complete information about yourself as prompted
by the Service's 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.
LinkAll Personals is concerned about the safety and
privacy of all its users, particularly children.
Our services are available only to individuals
who can form legally binding contracts under
applicable law. Without limiting the foregoing,
our services are not available to persons under
the age of eighteen (18). You acknowledge that
if Your Registration Data is untrue, inaccurate,
not current or incomplete in any respect, We
reserve the right to terminate this Agreement
and Your use of the Service. LinkAll Personals may
monitor users actions, comments, and general
usage of the Site and reserves the right to
remove any user not adhering to the Terms of
Use.
Password and security
You will receive a password and account designation
upon completing the registration process. You
are responsible for maintaining the confidentiality
of the user name and password, and are fully
responsible for all activities that occur under
your user name and password. You agree to (a)
immediately notify LinkAll Personals 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.
LinkAll Personals cannot and will not be liable for
any loss or damage arising from your failure
to comply with these terms. LinkAll Personals grants
you a personal, non-transferable and non-exclusive
right and license to use the Services by providing
the user a user name and password to a single
person. You agree not to provide any other individual
access to LinkAll Personals via your login information.
Registrant Conduct
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
which such Content originated. This means that
you, and not LinkAll Personals, are entirely responsible
for all Content that you upload, post, email,
transmit or otherwise make available via the
Site. LinkAll Personals does not control the Content
posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality
of such Content. You understand that by using
the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under
no circumstances will LinkAll Personals be liable
in any way for any Content provided by users
of the Site, including, but not limited to,
for any errors or omissions in any Content,
or for any loss or damage of any kind incurred
as a result of the use of any Content posted,
emailed, transmitted or otherwise made available
via the Site.
You may not use this Site in any manner to
create, upload, post, or otherwise transmit
any material or information which: (I) is libelous,
obscene, violent, scandalous, discriminatory
defamatory, profane, offensive, sexually oriented,
threatening, harassing, racially offensive,
or illegal material, or any material that infringes
or violates another party's rights, (ii) contains
viruses or other contaminating or destructive
features, (iii) violates the personal, proprietary,
or intellectual property rights of any third
party, or (iv) in any other manner contravenes
applicable statutes, laws, rules, orders, regulations,
bylaws or other legal requirements. We reserve
the right, but We have no obligation, to reject
any profile or photo that does not comply with
these prohibitions. You will not 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 Members. You are solely
responsible for Your interactions with other
Members. We reserve the right, but We have no
obligation, to monitor and/or mediate disputes
between You and other Members.
By becoming a member You agree to accept and
consent to receiving e-mail communications initiated
from LinkAll Personals or through LinkAll Personals these
include: message notification e-mails, e-mails
informing You of promotions, e-mails informing
you about events and emails informing You of
new and existing features that LinkAll Personals provides.
If You not wish to receive any of our e-mail
communications please do not register with Us
for the Service or terminate your Membership
with Us.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service,
or access to the Service.
The following is a partial list of the type
of actions that are illegal or prohibited under
this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise
harass any person.
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 use any robot, spider, site
search/retrieval application, or other 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 Service or its contents.
5) You will not post, distribute or reproduce
in any way any copyrighted material, trademarks,
or other proprietary information without obtaining
the prior consent of the owner of such proprietary
rights.
6) You will not remove any copyright, trademark
or other proprietary rights notices contained
in the Service.
7) You will not interfere with or disrupt the
Services or the site or the servers or networks
connected to the Services or the site.
8) 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.
9) You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin
of any information transmitted through the Service.
10) You will not "frame" or "mirror"
any part of the Service, without Our prior written
authorization. You also shall not use meta tags
or code or other devices containing any reference
to Us or the Service or the site in order to
direct any person to any other web site for
any purpose.
11) 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 others to do so.
Indemnity
You agree to indemnify and hold LinkAll Personals,
and its affiliates, officers, agents, or other
partners, and employees, harmless from any liability,
claim or demand, including reasonable legal
fees, due to or arising out of: Content you
submit, post, transmit or make available through
the Service; your violation of the Terms of
Use; your conduct or misconduct in dealings
with other users of the Site or the Services;
or your violation of any rights of another.
Modifications to service
LinkAll Personals reserves the right at any time and
from time to time to modify or discontinue,
temporarily or permanently, the Service (or
any part thereof) with or without notice. You
agree that LinkAll Personals shall not be liable to
you or to any third party for any modification,
suspension or discontinuance of the Service.
Termination of account
You agree that LinkAll Personals, in its sole discretion,
may at any time terminate your password, account
(or any part thereof) or use of the Service,
and remove and discard any Content within the
Service, for any reason, including, without
limitation, at the end of your subscription
period or if LinkAll Personals believes that you have
violated or acted inconsistently with the letter
or spirit of the Terms of Use. LinkAll Personals may
also in its sole discretion and at any time
discontinue providing the Service. The limitations
and disclaimers of warranties, and the indemnity
obligations, and the provisions of governing
law, jurisdiction and venue, shall survive any
such termination.
You agree that We have no responsibility or
liability for the deletion, corruption or failure
to store any messages or other content maintained
or transmitted by Our Service. You acknowledge
that We reserve the right to terminate or delete
your account for being "inactive"
for a period of 90 consecutive days. Therefore,
You must login to the Service at least once
every 90 days from the date Your Membership
has been activated or Your profile may be terminated
or deleted from the Service.
Dealings with advertisers
Your dealings with advertisers found on or through
the Site, are solely between you and such advertiser.
You agree that LinkAll Personals shall not be responsible
or liable for any loss or damage of any sort
incurred as the result of any such dealings
or as the result of the presence of such advertisers
on the Site.
Links
This Site contains links to third-party Web
sites that are not under the control of LinkAll Personals.
LinkAll Personals makes no representations whatsoever
about any other Web site to which you may have
access through this Site. LinkAll Personals provides
these links merely as a convenience and the
inclusion of such links does not imply that
LinkAll Personals endorses or accepts any responsibility
for the content or uses of such Web sites.
LinkAll Personals's proprietary rights
You acknowledge and agree that the Site and
any necessary software used in connection with
the Site contain proprietary and confidential
information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that Content contained
in sponsor advertisements or information presented
to you through the Site or advertisers, is protected
by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except
as expressly authorized by LinkAll Personals or advertisers,
you agree not to decompile, reverse engineer,
modify, rent, lease, loan, sell, distribute
or create derivative works based on the Site,
in whole or in part or otherwise attempt to
discover the source code of any of the software
available on or through the Site. Except as
otherwise indicated elsewhere on this Site,
you may view, download, modify and print the
materials available on the Site provided that:
your registration is in good standing and you
are in compliance with these Terms of use; you
may not remove any copyright, trademark or other
proprietary notices contained in the materials;
and the rights granted to you constitute a limited
license and not a transfer of title.
Disclaimer of warranties, representations
and conditions
This Site acts as a venue, among other things,
for adults to meet each other online
LinkAll Personals does not screen or censor the profiles
offered. As a result, LinkAll Personals has no control
over the quality, safety or legality of the
profiles or photos posted, the truth or accuracy
of the profile listings. Accordingly, there
will be no refunds of fees paid to LinkAll Personals
for use of the service.
In addition, there may be risks, including
but not limited to risk of physical harm of
dealing with strangers, underage persons or
people acting under false pretences. You assume
all risks associated with dealing with other
users with whom you come in contact through
the Site.
Because user authentication on the Internet
is difficult, LinkAll Personals cannot and does not
confirm that each user is who they claim to
be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior
of participants on this Site, in the event that
you have a dispute with one or more users, you
release LinkAll Personals (and our agents and employees)
from all claims, demands and damages of every
kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with
such disputes.
While reasonable effort is made to ensure that
all information, data, software and materials
provided at the Site does not contain computer
viruses, LinkAll Personals does not warrant that the
Site and its server(s) are free of computer
viruses and other harmful material and you should
take reasonable and appropriate precautions
to scan for computer viruses and should ensure
that you have a complete and current backup
of the applicable items of information contained
on your computer system.
LinkAll Personals does not control the posting of
all the materials included in the Services,
nor will it verify the timeliness or content
of such materials. LinkAll Personals will not be liable
in any amount for failure to perform if such
failure is caused by the occurrence of cause
beyond the reasonable control of LinkAll Personals
including, without limitation, outages of the
Internet or connections thereto, communications
outages, earthquake, fire, flood, war, or act
of God; or any acts of governmental bodies or
authorities.
Warranties and disclaimers
ALL MATERIALS AND SERVICES ON THIS SITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
LinkAll Personals MAKES NO WARRANTY THAT (i) THE SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM THE SITE WILL BE CORRECTED. SOME PROVINCES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT
BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90)
DAYS.
IN NO EVENT SHALL LinkAll Personals BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE SERVICES, THE SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO THE SITE.
Governing Law and jurisdiction
This Site is controlled by LinkAll Personals from
its offices within the province of Ontario,
Canada. By accessing this Site, you and LinkAll Personals
agree that the statutes and laws of the Province
of Ontario, without regard to the conflicts
of laws principles thereof, shall govern all
matters relating to your access to, or use of,
this Site and any Materials or Services. You
and LinkAll Personals also agree and hereby submit
to the exclusive personal jurisdiction and venue
of the Superior Court of Ontario with respect
to such matters.
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