Three Way Dating Club
Welcome to Three Way Dating Club!
BEFORE YOU CLICK ON THE “Agree to Terms & Conditions” BUTTON OR BOX, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “Agree to Terms & Conditions” BUTTON OR BOX OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK THE “Agree to Terms & Conditions” BUTTON OR BOX AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, AND SUCH TERMS AND CONDITIONS WILL EITHER BE ON THE WEBSITE OR PRESENTED TO YOU FOR YOUR ACCEPTANCE. THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR ANY ADDITIONAL TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO COMPLY IN ALL RESPECTS WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY ADDITIONAL TERMS AND CONDITIONS.
(a) Minimum Age. You must be at least 18 years old to register as a member of Three Way Dating Club and to use the Services and You hereby represent and warrant that You are at least 18 years old.
(b) Criminal History. By registering to use, and/or using the Services, You represent and warrant that You have never been convicted of a felony and are not required to register as a sex offender with any government entity anywhere in the world. Three Way Dating Club reserves the right to conduct a criminal background check, at any time, and use available public records, to confirm Your compliance with this subsection and You hereby consent to such background check. THREE WAY DATING CLUB IS NOT RESPONSIBLE OR OBLIGATED TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS AND CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
(c) Singles and couples. You may subscribe to the Services as a “Single” and/or as a “couple”, depending on the roles you select in connection with your use of our Services.
(1) Singles. “Singles” are subscribers who use the Services for bona fide relationship seeking purposes with two other people. If You select the “Singles” option on our Website, You represent and warrant that You are subscribing to the Services, and will use the Website and all Services, solely for bona fide relationship seeking purposes only and not for any other purpose (such as recruitment for other dating sites)
(2) Couples. “Couples” are subscribers who use the Services for bona fide relationship purposes seeking a single match only. If You select any of the “Couples” option on our Website, You represent and warrant that You are subscribing to the Services, and will use the Website and all Services, solely to provide bona fide relationship facilitation services only and not for any other purpose (except as a Single if You also subscribe as a Single). You must be a couple to be matched as a couple and posing as a couple and not being one will get you banned from the service.
(d) Subscription Fees. Subscription fees (“Fees”) for specified subscription periods (“Subscription Period”) may be set forth on the Website. The fees (“Fees”) may also be for a specified number of matches. Though many of the features and services of the Website provided are currently free of charge, we make no guarantees that they will continue to be so. You may be required to become a paying subscriber to access and use much of the functionality of the Services.
2. Limited Right to Use; Login Credentials.
Your right to use the Website and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times with the terms of this Agreement, any additional terms and conditions, and subject to the limitations set forth herein, Three Way Dating Club will provide You with access to the Website and Services for the duration of the Term (as defined below). You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services. Except in your role as a Matchmaker (if applicable), You may use the Website and Services for personal noncommercial use only. You will provide Three Way Dating Club with a login identifier and a password (“Login Credentials”). You shall be solely responsible for protecting Login Credentials from unauthorized use, and You are solely responsible for all activity that occurs under those Login Credentials. You may not authorize others to use Your Login Credentials, and You may not assign or otherwise transfer Your Login Credentials to any person or entity. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action can be taken. We shall not be responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials. You agree to request for only one Login Credentials and to create only one unique profile. In addition, Your use of the Website and/or Services must be for bona fide relationship seeking and facilitating purposes only and not for any other purpose, including without limitation, advertising, marketing, solicitation, research, reporting, generation of databases, or harassment.
3. Standards of Conduct.
You may not transmit to other users, communicate any content, send any links, or otherwise use the Website and/or the Services to:
(a) post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which Three Way Dating Club considers in its sole discretion to be, defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(b) sell or promote any products or services, except that Matchmakers may sell and promote their services as Matchmakers hereunder;
(c) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
(d) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or harmful code on the Internet;
(e) use scripts, bots, crawlers or other automated technology to access the Website and/or Services;
(f) spam, spim, phish, troll or similar activity;
(g) display material that exploits children under 18 years of age;
(h) post content that infringes or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
(i) promote, solicit or participate in multi-level marketing, pyramid schemes or any other scheme to defraud, swindle or deceive other users;
(j) promote, solicit or participate in gambling or similar activity;
(k) harass, embarrass or cause distress or discomfort upon another participant, user, Three Way Dating Club employee or representative, or other individual or entity, or publicize any of the information You obtain through the Services;
(l) impersonate any other person, including but not limited to, a customer, supplier, expert, bulletin board leader, guide, host, Three Way Dating Club employee or representative;
(m) misrepresent affiliation, connection or association with any person or entity;
(n) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
(o) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with Your use of the Site, in any manner; or
(q) invade the privacy or violate any personal or proprietary right (including, without limitation, intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Your content from the Website and/or the termination of Your access and membership to the Website and/or the Services. You agree to promptly report to Three Way Dating Club any violation of this Agreement by others.
4. Submissions; Rights; Privacy.
(a) You are solely responsible for, and assume all liability regarding (i) the information and content You contribute, post, transmit, publish, or otherwise make available (“post”) through the Website and/or Services, including, without limitation, Your profile information; and (ii) Your interactions with other users through the Website and/or Services.
(b) You will not provide inaccurate, misleading or false information to Three Way Dating Club or to any other user. If information provided to Three Way Dating Club or another user subsequently becomes inaccurate, misleading or false, You will promptly notify Three Way Dating Club of such change and You will update the information in Your profile on our Service.
(c) We reserve the right, but have no obligation, to monitor the information or content You post through the Website and/or Services. We have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
5. Risk Assumption and Precautions.
(a) You assume all risk when using the Website and/or Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Website and/or Services. Three Way Dating Club makes no guarantees, either express or implied, regarding the Matchmakers available through the Services or individuals You meet through the Website and/or Services, the accuracy or completeness of the information they provide, the conduct of such individuals or the manner in which such individuals may use or misuse the information You provide.
(b) Three Way Dating Club is only a connection service.
Three Way Dating Club is a communications platform for enabling the connection between users. Three Way Dating Club does not take part in the interaction between users, except that Three Way Dating Club may employ Matchmakers to promote successful use of the Services by Singles. Three Way Dating Club does not have control over the quality, timing or legality of services actually delivered by its Singles or Matchmakers. Three Way Dating Club makes no representations about the suitability, reliability, timeliness, and accuracy of the matchmaking services provided by Matchmakers identified through the Website whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, Three Way Dating Club does not confirm that each user is who they claim to be. Three Way Dating Club does not assume any responsibility for the accuracy or reliability of this information or any information on this Website. Three Way Dating Club does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Website.
(c)Users of this Website contract between themselves.
In no way is Three Way Dating Club involved in transactions for matchmaking services to be rendered by any user. If there are any issues concerning advice and/or service received or payment due, users must deal directly with the other user to resolve any disputes. Three Way Dating Club will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any users. By using this Website, You do hereby represent, understand, and expressly agree to hold Three Way Dating Club harmless for any claim or controversy that may arise from any disputes between You and any other users of the Website. You hereby release Three Way Dating Club (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Three Way Dating Club will make a good faith effort to terminate users who breach these terms of service or display improper behavior. Three Way Dating Club reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to Three Way Dating Club. By using this Website, you do hereby agree to report any alleged improprieties of any users to Three Way Dating Club immediately by notifying Three Way Dating Club of the same via electronic correspondence at support@Three Way Dating Club.com.
6. Intellectual Property Rights and Licenses; Permitted Use.
(a) You will have access to information, text, images, data, links, and other material, created by Three Way Dating Club or provided by users or other third party for display on the Website, and viewed on–line, printed by You or delivered off-line by Three Way Dating Club (the “Content”). For purposes of this Agreement, “Content” does not include the information or content You post through the Website and/or Services. All Content is the property of Three Way Dating Club and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. Subject to the terms and conditions of this Agreement and any additional terms and conditions, Three Way Dating Club hereby grants to You a limited, non–transferable, non–exclusive, non–sublicensable, revocable, right and license to access and use the Content as permitted in this Section 6.
(b) You may view, copy, download, and print Content, subject to the following conditions: (i) the Content may be used solely for Your personal purposes. No part of the Website, Services or Content may be reproduced, transmitted or otherwise distributed in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; and (ii) copyright, trademark, and other proprietary notices may not be removed from any Content or other materials obtained from the Website and/or Services.
(c) You shall not: (i) modify, adapt or create derivative works based on the Website, Services or Content; (ii) “frame” or “mirror” any Content; or (iii) disassemble, reverse engineer, or decompile the Services or Content, or access it in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
(d) Except as expressly set forth in this Agreement or other written agreement between You and Three Way Dating Club, no license or other right in or to the Website, Services or Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(e) You hereby grant to Three Way Dating Club a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate any suggestions, ideas, enhancement requests, feedback, recommendations or other information You provide relating to the Website, Services and/or Content.
7.Links to Third-Party Web Sites; No Implied Endorsements.
This Website may contain links to non-Three Way Dating Club web sites. These links are provided to You as a convenience, and Three Way Dating Club is not responsible for the content of any linked web site. Any non-Three Way Dating Club web site accessed from this Website is independent from Three Way Dating Club, and Three Way Dating Club has no control over the content of that web site. In addition, a link to any non-Three Way Dating Club web site does not imply that Three Way Dating Club endorses or accepts any responsibility for the content or use of such web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Three Way Dating Club of that third party or of any product or service provided by a third party.
Three Way Dating Club expressly disclaims any liability that may arise between users of its Website. Users (Singles or Matchmakers) are not legally affiliated with Three Way Dating Club in any way merely by virtue of their membership or usage of Three Way Dating Club’s Website or intellectual property other than as might be described by the terms and conditions stated in this Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Three Way Dating Club is not an employment service and does not serve as an employer of any user that may use this Website, except to the extent agreed by an individual Matchmaker and Three Way Dating Club in a separate agreement. Three Way Dating Club is only a venue for connecting users, though we may employ Matchmakers from time to time to promote successful use of the Services by Singles. Matchmakers generally operate independently of Three Way Dating Club and are generally not employees of Three Way Dating Club in any way unless otherwise indicated by us. We may employ some Matchmakers and may provide other Matchmakers with financial incentives to promote successful use of the Services by Singles.
9. Code of Conduct.
Matchmakers are obligated to act respectfully and professionally at all times when using the Services. Three Way Dating Club reserves the right, at its sole discretion, to suspend or terminate any Matchmakers account upon receiving complaints from other users or for no reason at all. Matchmakers are expected to act in the best interests of their respective Single users and conduct themselves honestly when charging for and performing services. Three Way Dating Club is not to be held liable in any instance for loss of business or revenues due to cancelation of a Matchmaker’s account or suspension of the service for any reason at all.
10. Term; Termination.
(a) This Agreement shall commence on the date You accept these terms and conditions, and shall continue (i) with respect to Your paid subscription, if applicable, until the expiration of Your Subscription Period, subject to earlier termination and/or renewal as set forth herein and (ii) with respect to Your unpaid subscription, if applicable, for so long as You are a user of the Services, subject to termination as set forth herein (“Term”).
(b) In order to provide continuous service, we reserve the right, but do not have the obligation to, renew all paid subscriptions for Services 24 hours before such subscriptions expire. Such renewals are for the same duration as the original Subscription Period. We always communicate renewal periods to You. By entering into this Agreement, You acknowledge that Your account will be subject to the above-described automatic renewals.
(c) You may terminate this Agreement and Your subscription, where applicable, for any reason or no reason at all, by providing a written notice to Three Way Dating Club . In such case, Your subscription will terminate effective ten (10) days from the notice date, provided however, that You do not receive any refunds of any Fees paid to Three Way Dating Club , except to the extent otherwise provided on our Website.
(d) We may terminate this Agreement and Your subscription for any breach of these terms and conditions by You, including without limitation, any representations and warranties. Further, we may suspend Your use of our Services at any time in our sole discretion if we have reason to believe You may be in breach of these terms and conditions or if we generally suspend or terminate our Services.
(e) Sections 4(d), 5, 6(c), 6(d), 6(e), 8, 10(e), 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive the termination or expiration of this Agreement according to their terms.
Membership and Subscription
You may register to become a Member of Three Way Dating Club at no cost. Becoming a Member requires the approval of a Matchmaker or an agent/employee of Three Way Dating Club. Prior to your approval, your profile will be placed in the Unverified Directory and accessible to Matchmakers, as well as others users of Three Way Dating Club. Once you are approved as a Member, you will have the ability to engage with some, but not all, of the features and services available on Three Way Dating Club. In order to access additional features and services, including the ability to communicate with others Members and Matchmakers, you must become a paying Subscriber to Three Way Dating Club. Refer to the Subscription page of our site for information on current subscription plans and pricing. Note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Please see this section in its entirety for a description of such policies. From time to time, Three Way Dating Club may remove the profiles of non-subscribers and Subscribers at its discretion.
Subscriptions – Charges on Your Billing Account
Three Way Dating Club bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay Three Way Dating Club all charges at the prices you agreed to for any use of the Service by you or other persons, including your agents, using your Billing Account, and you authorize Three Way Dating Club to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using the selected Payment Method. Three Way Dating Club reserves the right to correct any billing errors or mistakes that it makes, even if it is has already requested or received payment. This section includes any agreements you made with Three Way Dating Club on the Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
You agree to allow Three Way Dating Club and our designated payment processors to store your payment information and other related information.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you originally agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, lease log in and go to the “Membership” (or similar) page on your “Account Management” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Three Way Dating Club to charge your Payment Method now, and again at the beginning of any subsequent subscription period. You also authorize Three Way Dating Club to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Three Way Dating Club does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand, and/or you agree that Three Way Dating Club may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received. Upon receipt of payment, your account will be activated and for the purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.
Cancelling your Subscription
If you wish to change or cancel your subscription at any time, go to the “Settings” page of your account and click on the Billing tab. Follow the onscreen instructions to cancel your subscription. If you cancel your subscription, other than pursuant to section 12 below, your subscription will continue until the end of your then current subscription term, but your subscription will not be renewed upon the expiration of the current term. You will not be entitled to a prorated refund of any portion of subscription fees paid for the then current subscription term, except as provided in section 12 of this agreement or as required by applicable law.
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information so that it remains current, complete, and accurate. You must notify Three Way Dating Club if your Payment Method is canceled (including loss or theft of your credit card), or if you become aware of a potential breach of security (including an unauthorized disclosure or use of your name or password). Changes to your billing Account can be made at the “Account Information” page on your “Account Management” page. If you fail to provide Three Way Dating Club any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization
Your non-termination or continued us of the Service reaffirms that Three Way Dating Club is authorized to charge your Payment Method. Three Way Dating Club may submit those charges for payment and you will be responsible for such charges. This does not waive Three Way Dating Club’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Free Trials and Promotions
Any promotion or free trial that provides subscriber-level access to the Service can only be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.
Some users of the Service may choose to engage Matchmakers that utilize Three Way Dating Club as platform for tasks and services, including but not limited to such activities as suggesting matches and initiating communication and dates. Three Way Dating Club is not a party to these Transactions between Users, and prices are set by Matchmakers independently. Three Way Dating Club does provide a peer-to-peer payment link through Three Way Dating Club.com that enables the secure transfer of funds to Matchmakers through PayPal, however Three Way Dating Club makes no representations as to the security and efficacy of the PayPal system. Three Way Dating Club is not responsible to and is unable to intervene on behalf of any User, on either side of the transaction, with PayPal once payment has been delivered through the system.
12. Matchmaker Provisions
Three Way Dating Club may, at its discretion, provide referral bonuses to Matchmakers who are connected with Premium Subscribers. These referral bonuses in no way constitute an employment relationship between Three Way Dating Club and individual Matchmakers. Payment of bonuses does not create an expectation of any future payouts The bonuses will be generally be distributed to Matchmakers on a monthly basis, and will be calculated based on the number of Premium Subscribers that have selected the Matchmaker as their Primary Matchmaker, their length of subscription, and other factors. Three Way Dating Club can cease, limit, or restrict referral bonuses at any time, at its sole discretion.
13. Limited Warranty.
(a) The Website, Services and/or Content are provided on an “AS IS” and “AS AVAILABLE” basis. It is Your responsibility to evaluate the accuracy, completeness or usefulness of the Content, and any information or other content available through the Website and/or Services, together with other information available to You. Each of You and us represents and warrants that it has the legal power to enter into this Agreement. EXCEPT AS SET FORTH IN THIS SECTION 11, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE AND/OR SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND/OR SERVICES.
(b) WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED OR POSTED ON THE WEBSITE AND/OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE AND/OR SERVICES, POSTED BY ANY USERS, OR TRANSMITTED TO OR BY ANY USERS.
14. Limitation on Liability.
(a) IN NO EVENT SHALL Three Way Dating Club BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, SERVICES, CONTENT, OR ANY INFORMATION OR MATERIAL POSTED BY USERS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) IN NO EVENT SHALL Three Way Dating Club’s AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED (I) IF YOU ARE A PAYING SUBSCRIBER, THE AMOUNTS PAID BY YOU TO Three Way Dating Club IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, OR (II) IF YOU ARE NOT A PAYING SUBSCRIBER, ONE ($1) U.S. DOLLAR. THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
Indemnity. You agree to indemnify, defend and hold harmless Three Way Dating Club, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from Your use of the Website, Services, Content, any information and/or content posted by You or using Your Login Credentials through the Website and/or Services, Your violation of this Agreement, and Your infringement, or infringement by any other user of Your accounts, of any intellectual property or other right of any person or entity.
16. Geographic Limitations.
You will only use the Website and Services in a manner consistent with this Agreement and 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. Registration for, and use of, the Website and/or Services are void where prohibited. To the extent that the Services are not legal in Your jurisdiction, You may not use the Services. The Website and/or Services may not be used where prohibited by law.
New York. The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription):
i. If you subscribe for any Paid Services, Three Way Dating Club will provide a minimum of one match to you that month.
ii. Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Three Way Dating Club’s business by another company or third party or in the event of bankruptcy, Three Way Dating Club will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
iii. If you permanently relocate your primary residence further than 50 miles from any area in which Three Way Dating Club offers the Services, you may elect to terminate your subscription by notifying us in writing at the address stated in this Agreement. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
iv. You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify Three Way Dating Club in writing (which includes your Three Way Dating Club user name and the email address used to register for the Services) at Three Way Dating Club, Inc., Attn: Refund Request, P.O. Box XXXXXX
v. If you purchase a subscription that automatically renews, as described in Section 11 above, the subscription will only automatically renew until a total term of 2 years has been reached.
18. Digital Millennium Copyright Notice Act.
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Three Way Dating Club’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that You claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Three Way Dating Club to contact You, such as Your address, telephone number, and e-mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
CDC Ventures LLC.
One Progress Plaza
St. Petersburg 33701