The MyPartner.com service (the "Service") is provided by
Zamor, Inc, a Delaware based corporation, info@myPartner.com (the "Company"). This is a legal agreement ("Agreement") between
you and the Company, please read the Agreement carefully before registering for the Service.
By completing your registration and clicking on the "I Accept" button, you will
become a registered user of the Service (a "Registered User") and you agree to
be bound by the terms and conditions of this Agreement (the "Terms") for as long
as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT
REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective
upon notice to you, any use of the Service after such notice will constitute acceptance by
you of such changes.
Minors
MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent
and warrant that you are at least 18 years old.
Exclusive Use
Your account is for your sole,
personal use, you may not authorize others to use your account, and you may not assign or
otherwise transfer your account to any other person or entity.
Online Conduct
As a Registered
User, you agree that: You are solely responsible for the content or information you publish,
display or otherwise communicate in any manner (hereinafter, "post") on the Service,
or transmit to other Registered Users.
You will use the Service in a manner consistent with any and all
applicable local, state, national and international laws and regulations, including, but
not limited to, United States export control laws. You are not located in, under the control
of, or 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.
Membership in, and use of, the Service is void where prohibited.
You will not provide inaccurate,
misleading or false information to the Company or to any other Registered User. If information
provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading
or false, you will promptly notify the Company of such change.
You will only create one unique
profile with the Service.
You will not post, copy, modify, transmit, show in public or private,
create any derivative works from, 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.
You are solely responsible for your interactions with other myPartner
Matches registered users.
You understand that the Company makes no guarantees, either express
or implied, regarding your ultimate compatibility with individuals you meet through the Service.
You will promptly report to the Company any violation of the Terms of this Agreement by
other
Registered Users
You will maintain the privacy and confidentiality of other myPartner
registered users.
Proprietary Rights
The Company owns and retains proprietary rights in the Service. The Service
contains copyrighted material, trademarks, and other proprietary information of the Company,
its licensors and licensees. In addition, other Registered Users may post copyrighted information,
which has copyright protection whether or not it is identified as copyrighted. Except for
that information which is in the public domain or for which you have been given permission,
you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
By posting information or content to any public area of the
Service, you automatically grant, and you represent and warrant that you have the right to
grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, publicly perform, publicly 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 sub-licenses of the foregoing.
Confidentiality
With the exception of the information provided to other Registered Users pursuant to the
terms of the Service, the Company will keep confidential all information supplied to the
Company by you, including credit card number(s) and other financial information, and shall
use or disclose such information only for the purposes for which such information was collected,
or as required by court order or applicable law.
By using MyPartner.com, you agree
to allow us to anonymously use the information from you and your experiences through MyPartner.com
to continue our research into successful gay relationships. This research may be published
in academic journals or online. However, all of your responses will be kept anonymous,
and no personal identifying information will ever be published.
By using MyPartner.com,
you agree to allow us to feature your profile within our services. If the Company would like
to feature you and/or your profile for marketing or advertising purposes, your consent will
be required prior to our use.
Warranties
THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO
THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT
DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS
AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY,
ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID
BY YOU FOR YOUR ACCOUNT.
While the Company performs an initial screening of individuals registering
for the Service, the Company makes no representations or warranties as to the conduct of
such individuals or their compatibility with any current or future Registered Users. IN
NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING
TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING
WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING
FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS
INTRODUCED TO YOU BY THIS SERVICE.
Indemnity by Registered User
You will indemnify and
hold harmless the Company, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating
to or arising out of your use of the Service, including any breach by you of the terms of
this Agreement.
To resolve a complaint regarding the Service, you should first contact the
Company by clicking on the "Contact Us" button or via email to info@myPartner.com.
In California, you may also contact the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs at 1020 N. Street, Suite 501, Sacramento,
CA 95814, (916) 445-1254.
Honesty Online Certifications
Honesty Online Certificates displayed on Customer's website are the result of data collection and
verification using public sources and third party databases. Honesty Online provides its Certificates
with reasonable certainty, but not 100% certainty. Honesty Online and Customer do not:
(i) guarantee the accuracy,
completeness or usefulness of any information on Customer's website, or
(ii) adopt, endorse nor accept responsibility
for the accuracy or reliability of any Certificates. Under no circumstance will Customer or Honesty be responsible for
any loss or damage resulting from anyone's reliance on information or other content posted on Customer's website,
including a Certificate transmitted to or by any End Users.
Termination
You may terminate your account at any time, for any
reason or no reason, without explanation, effective upon sending written notice to the other
party. The Company may terminate at any time, for any reason or no reason, without explanation.
Death, Disability, or Relocation
If by reason of death or disability you are unable to receive
all services for which you contracted, you and your estate may elect to be relieved of the
obligation to make payments for services other than those received before death or the onset
of disability, except as provided in paragraph (3).
(1)If you have prepaid any amount for
the Service, so much of the amount prepaid that is allocable to services that you have not
received shall be promptly refunded to you or your representative.
(2) "Disability" means
a condition which precludes you from physically using the Service during the term of disability
and the condition is verified in writing by a physician designated and remunerated by you.
Written verification from the physician must be presented to the Company.
(3) If the physician
determines that the duration of the disability will be less than six (6) months, Company
may extend the term of the contract for a period of six (6) months at no additional charge
to you in lieu of cancellation.
General Provisions
You agree that California law (regardless
of conflicts of law principles) shall govern this Agreement, and that any dispute arising
out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the
federal and state courts in the Southern District of California, other than for actions to
enforce any order or judgment entered by such courts.
This Agreement, accepted upon registration
for the Service, contains the entire agreement between you and the Company regarding the
use of this Service. Unless otherwise explicitly stated, the terms will survive termination
of your registration to the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect. You, the buyer,
may cancel this agreement, without any penalty or obligation, at any time prior to midnight
of Company's third business day following the date of this contract, excluding Sundays and
holidays. To cancel this agreement, mail or deliver a signed and dated notice, including
your username and private email address or send a telegram which states that you, the buyer,
are canceling this agreement, or in words similar. No refunds will be issued for payments made using a
recurring payment program selected by You, the buyer. This notice shall be sent to:
Attn: Cancellations
fax: 415.358.6869
email: customercare@mypartner.com |