(Last Updated June 1/2008)
Please read these terms and conditions of use ("Terms
of Use") of the DreamLinks web site (the "Site") carefully. BY USING THIS SITE YOU
AGREE TO ACCEPT THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT
USE THIS SITE.
If you want to apply to become a member of DreamLinks, you must submit the application
form (the "Application") available on the Registration Page. During the application
process, you will be asked to confirm YOUR ACCEPTANCE OF THESE TERMS OF USE BY CLICKING
THE "I CONFIRM" CHECKBOX on the Registration Page. IF YOU DO NOT AGREE TO THE TERMS
OF USE, DO NOT CLICK ON THIS CHECKBOX AND DO NOT USE THIS SITE.
You should revisit this page from time to time as your use of the Site is subject
to the version of the Terms of Use posted on the Site at the time of such use.
This Site is operated by DreamLinks.Com. ("DreamLinks").
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A. Your Right to Use this Site
1. You represent, warrant and covenant that you are at least 18 years old.
2. Subject to the Terms of Use, as amended by us from time to time, you have
the right to use this Site to:
(a) view various materials, including all information, documents, User profiles
("Profiles") including photographs and other content on the Site (collectively,
the "Materials").
(b) access the services (the "Services") provided or offered on this Site.
3. We reserve the right to restrict, suspend or terminate your access to
all or part of the Site, or to require you to immediately destroy any Materials
you have downloaded, printed or otherwise received from or through the Site, at
any time for any reason, without prior notice or liability, and at our sole discretion.
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B. Membership
1. Member Types - Users of the Services currently fall into two categories:
(a) Visitor - Visitors have not registered and have no membership ID. Visitors
may:
(i) search for other Users; and
(ii) not contact other Users.
(b) Full Member - Upon completion of the registration process, users will
become full members of the Web site. Full members may:
(i) use all functionality provided on the Web site; and
(ii) contact other users;
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2. Free Membership - DreamLinks is currently offering
free membership. Free membership is only provided to users who register as members
and who agree to and abide by the Membership Terms and Conditions for using the
site. Free members will be considered "Full Members" and will have access to use
all functionality on the Web site.
While it is the current intention of DreamLinks management to keep DreamLinks as
a completely free Web dating site, the company reserves the right to alter its policies
regarding free membership at a later date at its sole discretion. Changes might
potentially include a limitation to the level of free access provided or some form
of pay for usage membership. At present, DreamLinks does not forsee any changes
to its free membership policy, however it cannot account for all future business
circumstances and needs.
Any changes to the DreamLinks free membership policy will be made available for
review by members on the Web site in its Terms & Conditions document. If a fee
for service model is implemented, and existing members choose not to sign up for
the paid service, their account status will be changed from full member to visitor.
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C. Member Profiles and E-Mail
1. Member Profiles - In order to maintain the quality
and consistency of the DreamLinks Web site, DreamLinks expects that all members
will keep at least 1 picture of themselves in their profile as their primary picture.
This picture must be an authentic picture of the member. Members who post fake pictures
or pictures of an objectionable nature will be immediately removed as members of
the site. Members may post pictures that are not of themselves as long as they are
not objectionable in nature and are not their primary DreamLinks picture. DreamLinks
reserves the sole right, at its complete discretion, to discontinue free membership
to members who do not submit a valid picture of themselves or properly maintain
their member profile.
2. E-Mail - DreamLinks will at all times respect the
privacy of your e-mail ID and will never in any manner provide your e-mail to any
external company or use your e-mail for the purposes of sending spam, junk or bulk
mail. The only cases where you will receive e-mail from DreamLinks are as follows:
- When you first register, you will be sent an e-mail with important registration
information.
- If a member of DreamLinks sends you DreamLinks mail on the Web site, DreamLinks
will send you a notification e-mail to tell you of this fact.
- DreamLinks will only send you additional e-mail if you do not comply with the site
Terms & Conditions. If you receive such e-mail, it will only be to notify you that
you are not in compliance with our site policy and to tell you the steps you need
to take to correct the situation.
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D. Privacy
1. You are responsible for reading, understanding and
agreeing to all of the details specified in our Privacy Policy.
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E. Member Code of Conduct
1. You shall not, in your Profile or in correspondence
with other Users or our representatives, or in any other way, directly or indirectly:
(a) initiate or partake in harassment of a User;
(b) conduct activities likely to offend a User, including, by way of example
only, post or send content containing text, graphic, sound or other content that:
(i) is abusive, threatening, intimidating, obscene, offensive, racist, defamatory,
slanderous or libelous;
(ii) is sexual in nature, including pornography, erotica and nudity;
(iii) displays or promotes violence; and
(iv) is false or misleading;
(c) provide links to external web sites; and
(d) post personal information (including, but not limited to, e-mail IDs,
full name, personal address, telephone numbers, URLs) that would allow Users to
contact you other than through the Site.
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2. You shall not, in your Profile or in correspondence
with other Users or our representatives, or in any other way, directly or indirectly:
(a) use a Service for the purpose of selling, offering to sell or promoting
your goods or services or those of a third party;
(b) send or otherwise distribute chain letters;
(c) disclose a User’s personal or private information when it was reasonable
for such User to expect such information to be treated as confidential;
(d) upload a computer program designed to impair or disrupt the operation
of the Site or the availability of the Services;
(e) use a computer program to automatically generate new membership Profiles
or bypass the standard application process;
(f) use the Services to reproduce, transmit, electronically store or distribute
content of Profiles, including, but not limited to in connection with a third party
web site or printed publication;
(g) use the Services to solicit Users to provide their personal information
for use on a web site, in print media or in any other service of a third party;
(h) use a member ID that impersonates another person or which infringes on
existing copyrights or trademarks;
(i) use a member ID that is vulgar or offensive in nature;
(j) copy, modify or distribute a User’s personal information, photographs
and correspondence with other Users;
(k) use another User’s personal membership ID to access Services on the Site
(l) post Material (including but not limited to text and graphics) that infringes
upon or otherwise violates the intellectual property rights (including but not limited
to trade marks and copyright) of a third party;
(m) post Material that is fraudulent or in any way violates the laws of any
country; and
(n)
engage in any other unlawful activities while using the Site.
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3. If you disclose your personal membership ID to another
person, you are responsible for all activities conducted in association with such
membership ID.
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F. Monitoring Site Usage
1. In order to ensure compliance with the Terms of Use
and to maintain the Site’s safety and security and Users’ enjoyment of the Site,
we reserve the right to monitor Users’ activities on the Site, including the Materials
they post or otherwise distribute.
2. We reserve the right to edit and/or remove User-posted Materials that
do not conform to the Terms of Use as determined by us, in our sole discretion.
3. We are under no obligation to monitor Users’ activities or edit/remove
any member-posted Materials.
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G. Ownership of Materials
1. The Materials on the Site and the "look and feel"
of the Site are owned by DreamLinks. They are copyrighted and protected by United
States, Canadian and international intellectual property laws, treaties and conventions.
You may not copy, adapt, modify, display, perform, transmit, frame, distribute,
resell, commercially exploit or otherwise use the Materials and "look and feel"
of the Site, except as expressly permitted herein, without the prior written permission
of the relevant rights holder(s). You also may not create a hyperlink directly to
a page on the Site, other than the default, index or home page found at http://www.dreamlinks.com,
without our prior written permission.
2. The trade marks used on the Site (including "DreamLinks" and the DreamLinks
logo) are our property. You may not use any trade mark displayed on the Site without
our written permission. Your use of the Site is conditioned on your abiding by all
notices of copyright, trade mark and other proprietary rights appearing in the Materials.
You are forbidden from removing or altering any such notices in full or in part
from Materials that you print or download.
3. Except as specified in our Privacy Policy, all information and other content
you send to the Site will be considered non-proprietary and non-confidential. We
have no obligations of any kind to you respecting such communications and will be
free to use them on an unrestricted basis for any purposes.
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H. Third Parties
1. From time to time this Site may contain references
and links to content, products, services or other offerings of third parties. Such
references and links do not constitute or imply an endorsement or recommendation
by us of any such third party and in no way should be interpreted as an acceptance
of responsibility or liability for such third parties.
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I. Applicable Laws
1. This Site is operated and controlled by DreamLinks
from its offices and resides on servers located within Ontario, Canada, but can
be accessed from jurisdictions whose laws may differ from those of the Province
of Ontario. By accessing the Site you agree that the laws of the Province of Ontario
and the federal laws of Canada applicable therein, without regard to conflicts of
law provisions, will apply to all matters arising out of or in connection with the
Site. You also agree to submit to the exclusive personal jurisdiction and venue
of the courts of the Province of Ontario with respect to such matters.
2. We make no warranty or representation that any or all Materials and Services
provided on the Site, or any other materials or services referenced therein, are
lawful in other jurisdictions or available for use in all jurisdictions. Accessing
these Materials or Services from territories where they are illegal is prohibited.
You agree that if you access the Site from another jurisdiction, you are responsible
for compliance with local laws.
3. If any provision of the Terms of Use is found to be unlawful, void or
unenforceable, then such provision is deemed severable and will not affect the validity
or enforceability of any of the remaining provisions. The parties agree that this
agreement and all related documents be written in the English language. Les parties
ont exigé que le présent contrat et tous les documents connexes soient redigés en
anglais.
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J. Disclaimer
1. EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND
SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" BY US, WITHOUT ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Applicable laws may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. To the extent permissible, any implied warranties
or representations are limited to the fullest extent permitted by law. We make no
warranties, representations, or conditions of any kind regarding the sites, services,
products, program or other offerings of third parties referenced on or accessible
by means of the Site. We also take no responsibility for viruses that may damage
your computer system or data resulting from your access to or use of the Site.
2. Although reasonable efforts are used to ensure that the Site will be current
and will contain no errors or inaccuracies, we do not warrant or represent the accuracy
and completeness of the Materials on the Site. We may make changes to the Materials
on the Site at any time without notice. The Materials on the Site may be out of
date, and we make no commitment to update the Materials.
3. You acknowledge the risks associated with establishing relationships with
strangers. You agree to use caution and discretion when meeting and becoming acquainted
with other Users. We are in no way responsible for the conduct of Users or the success
of any relationship you may have with other Users.
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K. Limitation of Liabilities
1. IN NO EVENT WILL DreamLinks, OR ITS SUPPLIERS, BE
LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES,
OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DreamLinks
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES
ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
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L. Indemnification
1. You agree to defend, indemnify and hold harmless
DreamLinks and its affiliates, representatives, officers, directors and employees
from all liabilities, claims, costs and expenses, including legal fees, that arise
out of or in connection with, or arising out of your use of the Site, your viewing
or downloading of Materials from the Site, your use of Services on the Site, your
communications to the Site, or the activities conducted by you away from the Site.
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DreamLinks® 2008
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