This shall serve as a binding legal agreement ("Agreement") between you and EliteMate.com. Please read this Agreement carefully before registering as a member of EliteMate.com. By registering with EliteMate.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms"). If you do not agree to the terms, DO NOT register with EliteMate.com.
The terms and fees for the service are subject to change by EliteMate.com at any time, effective upon notice to you. To become a member you must be 18 years of age or older. When you register, and from time to time thereafter, EliteMate.com will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old. Use by individuals under the age of 18 is strictly prohibited.
Your membership with EliteMate.com is limited to your sole and personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Your EliteMate.com membership may be terminated at anytime and for any reason, by you or by EliteMate.com. Termination is effective upon receipt of written notice to the other party. EliteMate.com reserves the right to immediately suspend or terminate your access to EliteMate.com, without notice, upon any breach of this Agreement by you.
ELITEMATE.COM ONLINE CONTENT
WARNING: It is possible that other EliteMate.com Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the EliteMate.com service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. EliteMate.com, its officers, agents, employees, et al. shall not be responsible for the use of any personal information that you may choose to disclose on the Service. Please be cautious in selecting the type of information that you post on the EliteMate.com service or release to others. Offers, statements, opinions, advice or other information or content made available through the EliteMate.com service are those of their respective authors and not of EliteMate.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. EliteMate.com does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will EliteMate.com, its officers, agents, employees, et al. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the EliteMate.com service, or transmitted to EliteMate.com members.
EliteMate.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the EliteMate.com service. EliteMate.com shall have the right to remove any such material that violates, or is alleged to violate, any federal, state or common law, or this agreement. Notwithstanding this right of EliteMate.com, you remain solely responsible for the content of the materials you post on EliteMate.com and in your private email messages. EliteMate.com will treat e-mails sent between you and other EliteMate.com members that are not readily accessible to the general public as private to the extent required by applicable law.
MEMBER'S ONLINE CONDUCT REQUIREMENTS
You are solely responsible for maintaining the confidentiality surrounding your user name and password and for any and all activities that are conducted through your account..
As a Member, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the EliteMate.com service, or transmit to other EliteMate.com Members.
You will NOT include in your Member profile any telephone numbers, street addresses, last names, messenger ID's, URL's or e-mail addresses. You will NOT post on the EliteMate.com service, or transmit to other EliteMate.com Members or Employees, any patently offensive, defamatory, inaccurate, abusive, bigoted, obscene, profane, offensive sexually oriented, threatening, harassing, pornographic, exploitative of individuals under the age of 18, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide or disseminate instructional information about illegal activities such as making or buying weapons, pyramid schemes, investment fraud, privacy violations, or the creation of computer viruses.
You will use the EliteMate.com service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.
EliteMate.com reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not remove any proprietary rights notices nor 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 EliteMate.com Members.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You will not harvest or
collect personal information about other members without their express
consent. You will not use any robot, spider, site search, retrieval
application or other process to retrieve, hack, index, data mine,
reproduce or circumvent the navigational structure of this site nor its
contents. You are solely responsible for your interactions with other
EliteMate.com Members. EliteMate.com reserves the right, but has no
obligation, to monitor disputes between you and other Members. Any
infraction may lead to legal remedy
You agree that
www.EliteMate.com and its affiliates will send you promotional emails
about their upcoming events, trips and promotions. To opt-out from
receiving emails from www.EliteMate.com, point your browser to
www.EliteMate.com, log-in with your username and password, press go and
it will bring you to the member home page. Then go to Edit My Profile,
scroll down to My Account Information, press Edit and uncheck Send me
Promotional & Informational Emails, then press submit to finalize it.
You will indemnify, defend and hold harmless EliteMate.com, its officers, directors, employees, agents, representatives and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the EliteMate.com service, including any breach by you of the terms of this Agreement.
EliteMate.com owns and retains other proprietary rights in the EliteMate.com service. The Service contains the copyrighted material, trademarks, and other proprietary information and intellectual property of EliteMate.com and its licensors. In addition, other Members 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 will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of EliteMate.com, you automatically grant, and you represent and warrant that you have the right to grant, to EliteMate.com and other EliteMate.com Members an irrevocable, perpetual, non-exclusive, royalty-free, 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.
CONFIDENTIAL INFORMATION SUPPLIED BY MEMBER
EliteMate.com shall use its best efforts to maintain the members' information confidential, including confidential information such as credit card details etc., and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
To resolve a complaint
regarding the EliteMate.com service, you should first contact
EliteMate.com Customer Support at
info@EliteMate.com. You are however
solely responsible for your interactions with other Members.
DISCLAIMER OF WARRANTY
EliteMate.com provides the EliteMate.com service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with EliteMate.com or its representatives, or otherwise with respect to the service. EliteMate.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. EliteMate.com does not warrant that your use of the EliteMate.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected.
liability for, and no warranty is made with respect to telephone
services, including coverage, range, or any interruption in telephone
service. This Site may contain links to other sites or resources. We
neither control nor endorse them. You acknowledge and agree that
EliteMate.com shall not be held responsibility for the legality,
accuracy or inappropriate nature of any content, advertising, products
services or information located on such other sites nor for any loss or
damage alleged to have been caused by the use or reliance thereof.
LIMITATION OF LIABILITY
In no event will EliteMate.com be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the EliteMate.com service, even if EliteMate.com or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, EliteMate.com'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 EliteMate.com for the service during the term of membership.
In addition, ELITEMATE disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the EliteMate.com service. EliteMate.com reserves the right to provide its members with special offers, emails and promotional messages and items.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that New York law (regardless of any and all conflicts of law principles) shall govern this Agreement in its entirety, and that any and all dispute(s) arising out of or relating to this Agreement shall be subject to the federal and state courts in the Eastern District of New York. This Agreement, accepted upon registering for the EliteMate.com service, contains the entire agreement between you and EliteMate.com regarding the use of the Service. This Agreement may only be amended upon notice by EliteMate.com to you, or in written form, signed by you and an authorized official of EliteMate.com. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
NON-COMMERCIAL USE BY MEMBERS
EliteMate.com is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Any unauthorized and/or illegal uses of the site, including the unauthorized framing or linking to the site will be investigated and appropriate legal action will be undertaken including, without limitation, civil, criminal and injunctive redress.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright and Intellectual Property Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or a fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other trademarked or copyrightable material MUST ensure that the content they upload does not infringe the copyrights, trademarks nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright or intellectual property holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user's rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred. EliteMate.com shall not be responsible for the acts of infringing users and such infringing users shall indemnify and hold harmless EliteMate.com, its officers, agents, employees, et al. from any and all damages, liabilities and expenses brought about by the infringement.
The Subscriber hereby specifically acknowledges that Elitemate.com is NOT an information content provider and is thus not responsible for the creation or development of the information being provided
If you believe that your copyright or intellectual property has been infringed through the use of this Site, please contact info@EliteMate.com. Updated last on 5/24/2006