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Terms of Service Agreement Welcome to BMlove, the service for adults to meet each other online. In order to use BMlove ("Site"), you must provide an e-mail address and agree to be bound by these Terms of Service ("Agreement"). If you wish to become a Member and communicate with other Members and make use of the BMlove service ("Service"), read these Terms of Service and follow the instructions in the Join process. This Agreement sets out the legally binding terms for your membership. 1. Eligibility You must be eighteen or over to register as a member of The BMlove, or use this Site. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 2. Term This Agreement will remain in full force and effect while you use the Site and/or are a Member of The BMlove. You may terminate your membership at any time, for any reason by following the instructions on the Join pages, or upon receipt by BMlove of your written or email notice of termination. The BMlove may terminate your membership and access to the Site for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to the BMlove. If we terminate your membership to the BMlove Service, or any other BMlove service, because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees. 3. Payment and Subscription (a) Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction. . (b) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated. (c) We do not auto-renew your membership. (d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price. 4. Non Commercial Use by Members The Site 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 the BMlove and should not use any of the BMlove Sites or Services for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. 5. Proprietary Rights in Content on BMlove The BMlove owns and retains other proprietary rights in the BMlove Site and the BMlove Service. The Site contains the copyrighted material, trademarks, and other proprietary information of BMlove and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 6. Content Posted on BMlove (a) You understand and agree that The BMlove may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of The BMlove violate the Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of The BMlove, BMlove and/or its Members. (b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on any BMlove Site, or transmit to other BMlove Members. (c) By posting Content to any public area of BMlove, you automatically grant, and you represent and warrant that you have the right to grant, to the BMlove, and other BMlove Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. (d) The following is a partial list of the kind of Content that is illegal or prohibited on the Site. The BMlove will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that: 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 personal 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. (e) You must use the BMlove Service in a manner consistent with any and all applicable laws and regulations. (f) You may 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 email to other BMlove Members. Although the BMlove cannot monitor the conduct of its Members off the BMlove 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. 7. Copyright You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information in BMlove, without obtaining the prior written consent of the owner of such proprietary rights. 8. Member Disputes You are solely responsible for your interactions with other BMlove Members. The BMlove reserves the right, but has no obligation, to monitor disputes between you and other Members. 9. Privacy Use of the BMlove Site and/or any BMlove Service is governed by our Privacy Statement 10. Disclaimers The BMlove is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the BMlove Service, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the BMlove Service whether online or offline. The BMlove assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User and/or Member communications. The BMlove is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web-site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the any BMlove Site or service. Under no circumstances will BMlove or the BMlove be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on any BMlove Site or transmitted to BMlove Members. The Site and the Service are provided "AS-IS" and The BMlove expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The BMlove cannot guarantee and does not promise any specific results from use of the Site and/or the BMlove Service. 11. Limitation on Liability Except in jurisdictions where such provisions are restricted, in no event will BMlove or the BMlove be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the BMlove service, even if the BMlove has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The BMlove'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 the BMlove for the Service during the term of membership. 12. Indemnity You agree to indemnify and hold the BMlove, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above. 13. As a Member, you agree that (a) you will not disclose any information provided to you through the Service to anyone without the permission of the person who provided it to you; (b) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights). (c) you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail; (d) you will not "play games" with other members, or cheat other members; (e) you will not attempt to solicit any money from any member or other user of the Service or the Website; (f) you will not use the Service to distribute, promote or otherwise
publish any material containing any solicitation for funds, advertising
or solicitation for goods or services; 14. Termination (a) You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. (b) We may, in our absolute discretion, terminate or suspend your membership with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity. 15. Other This Agreement, accepted on use of the Site and further affirmed by becoming a Member of any BMlove service, contains the entire agreement between you and the BMlove, regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
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