TERMS OF USE:
Effective Date: 25 May 2018
WELCOME TO GREGSLISTPERSONALS.COM
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND GREGSLISTPERSONALS.COM LTD.
Eligibility
You must be at least 18 years of age to create an account on gregslistpersonals.com and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with GREGSLISTPERSONALS.COM Ltd.
you will comply with this Agreement and all applicable local, national and international laws, rules and regulations, and
you are not a registered sex offender with any local, , federal sex offender registry.
We may for any reason decline to accept anyone as a Member.
Privacy Policy
We are committed to protecting the privacy of the personal information you provide to us through the Website. Any personal information submitted through the Website by you is subject to our Privacy Policy , which is incorporated herein by reference
Account.
In order to participate in or receive certain Services, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for gregslistpersonals.com, and you are solely responsible for all activities that occur under those credentials.
You further agree not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful (e.g., prostitution), harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way or commit abuse;
(c) impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
(h) upload, post, email, transmit or otherwise make available 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, hardware, networks or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users' or members' ability to engage in real-time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
(k) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another person or user or member;
(n) collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information; or
(o) disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create
Use of Services; Assumption of Risk.
The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. In addition certain content and materials available on or through the Services are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
Acceptable use of our Service
You agree that you will not in connection with the Service:
a) breach any applicable law, regulation or code of conduct;
b) publish or send any Content (including links or references to
other content), or otherwise behave in a manner, which:
* is defamatory, threatening, harassing, invasive of privacy,
racist, hateful, discriminatory, misleading, abusive or deceptive;
* infringes any intellectual property or other rights of others;
* involves phishing or scamming or similar; or
* we otherwise reasonably consider to be inappropriate;
c) impersonate any person or entity in order to mislead others;
d) publish or send any Content which links to any third party
websites which are unlawful or contain inappropriate Content;
e) sell access to the Service;
f) use the Service to provide a similar service to third parties or
otherwise with a view to competing with us;
g) sell advertising, sponsorship or promotions on or in connection
with Content;
h) use the Service for junk mail, spam, pyramid or similar or
fraudulent schemes;
i) do anything which may have the effect of disrupting the Service
including worms, viruses, software bombs or mass mailings;
j) do anything which may negatively affect other Users’ enjoyment
of the Service;
k) gain unauthorised access to any part of the Service or equipment
used to provide the Service;
l) use our Service to provide, or with the intention of providing
or offering any Commercial service (without our explicit written
consent)
m) use any automated means to interact with our systems excluding
public search engines; or
n) attempt, encourage or assist any of the above.
You must comply with any rules or requirements on our website.
You must promptly comply with any reasonable request or instruction by us in connection with the Service including in connection with age or other verification steps.
Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
Ending, suspending or restricting this contract
You may at any time end this contract (i.e. stop being a Member”) by deleting your account in accordance with the instructions on our Service.
We are entitled at any time to end this contract at any time for any reason, whether with or without notice. If so, we will refund in full any fees already paid which relate to the period after termination.
We are entitled at any time end this contract whether with or without notice and without refund if we terminate our Service as a whole.
We are entitled at any time (with or without notice) to end this
contract or suspend part or all of our Service or impose temporary
or permanent restrictions (see below) if:
a) you have not complied with any verification requirements;
b) any message you send triggers our automated spam filters;
c) we have reason to believe that you have breached our terms and
conditions;
d) any fees due to us are unpaid / unjustifiably charged back;
e) we think that it is necessary to protect us or others; or
f) we are required to do so by law or appropriate authority.
g) we believe that this action is in the best interests of the
community
If we end the contract, we will refund subscription payments
relating to the period after termination provided that you send a
letter to our registered office (see below) requesting a refund.
There will be no refund for the period of any suspension or
restriction. The restrictions above include: preventing you from
accessing public postings such as forums, chat and club reviews and
from making public posts.
If this contract ends: Your right to use our Service and all licences are terminated. We are entitled to delete all of your Content. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination / suspension / restriction (until any suspension / restriction is lifted).
Introduction
This website is owned and operated by GREGSLISTPERSONALS.COM
Definitions
Capitalised terms have the following meanings in these terms and conditions:
“Content” - all information of whatever kind (including profile,
images, photos, videos, posts, messages etc), published, stored or
sent on or in connection with our Service.
b) “Member” – a registered user of our Service (whether or not a
subscriber).
c) “Service” – our website, the services we offer by means of our
website and any related software and services.
d) “User” – any registered or unregistered user of Service.
Changes to the terms and conditions
We may change these terms and conditions by posting the new version on our website. You will be bound by the revised agreement if you continue to use our Service following the effective date shown above.
Forming a contract with us
By registering on our Service, you offer to enter a legal contract with us for membership of our Service. A legally binding contract is formed if we accept you as a member of the service.
Your Content
You are responsible for your Content.
a) You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
b) You must ensure that your profile and any other Content is and remains complete, accurate and is not misleading in any way and that you will update it so that it remains so.
c) You must not under any circumstances publish or send any Content which:
involves an image of any person under 18; or
enables any person under 18 to be identified or contacted (eg name,
address, email etc).
In the case of those over 18 (or higher applicable age of consent), you must not publish or send any Content (including images) which enables those persons to be identified unless you have obtained their explicit written consent to the image / information being provided as well as to our privacy and cookies policy .
d) We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or where required by law or where requested by the police or other appropriate authorities.
e) It is your responsibility to decide which Content to publish or send (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not send or publish any Content if you are concerned that it may be misused.
f) It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
g) We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
h) We may irretrievably delete all of your Content if this contract ends. You should make a backup of any Content that you wish to keep.
i) Any Content (images, videos, cam feeds, etc.) that you publish must be only for the purposes of meeting or interacting with other Members and must not be published through our platform for any other reason.
Other Users and their Content
a) We may in our discretion carry out User verification steps but we do not guarantee to do so. Even if we do so, such steps are not foolproof. We do not endorse or recommend any Users or their profiles or other Content, even if the User or Content is shown as verified (whether by us or other Users). You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
b) You acknowledge that in using the Service you may be exposed to inappropriate Content or behaviour. If so, please contact us by clicking on the “Report Profile” link adjacent to the relevant profile. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.
c) When arranging to meet others through our Service, you must take appropriate precautions and follow any safety guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
Third party services / advertising / websites
We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
Guidance
If we ourselves provide any guidance or other general information on our Service, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
Liability
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
Very important: We shall not be liable for any loss or damage
caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any
of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it
was not an obvious consequence of our breach or not contemplated by
you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not
complying with this agreement; or
d) such loss or damage relates to a business of yours.
Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
Intellectual property rights
The intellectual property rights in all material used on or in connection with our Service are owned by us or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
Transfer
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
Community Rules
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage POF.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, "stalk," intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
use another user's account.
create another account if we have already terminated your account, unless you have our permission.
When communicating with our customer care representatives, you agree to be
respectful and kind. If we feel that your behavior towards any of our
customer care representatives or other employees is at any time threatening
or offensive, we reserve the right to immediately terminate your account.
POF reserves the right to investigate and/ or terminate your account
without a refund of any purchases if you have violated this Agreement,
misused the Service or behaved in a way that POF regards as inappropriate
or unlawful, including actions or communications that occur on or off the
Service.
Your Additional Representations and Warranties.
You further represent and warrant to us, under penalty of perjury, as follows:
(a) You will not provide or permit access or use of the Services, or your Account, by any minors;
(b) Your Account information is current, complete and accurate and you will promptly update all information to keep your Account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
(c) You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a "Specially Designated National"; or (iii) placed on the Commerce Department's Table of Deny Orders;
(d) Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
(e) You understand that when you gain access to the Services, you will be exposed to visual images, verbal descriptions and audio sounds and other content of a sexually oriented, and explicitly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials and content which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented and explicit materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
(f) You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material; and
(g) If you establish an Account, you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency.
(h) You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest, game, program, or promotion that awards Promotional Credits (defined below).
Disclaimer of Warranties.
THE SERVICES ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification.
You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.