This sets forth the agreement ("Agreement") between you and the One Good Love LLC (“OGL”) in connection with the use of the on-line services provided by OGL (the “OGL Service”) on the OGL Website (the “OGL Website”). By using the OGL Website, you agree to the terms and conditions of this Agreement (the “Terms”) whether or not you register as a member of OGL (“Member”). If you object to anything in this Agreement or do not wish to be bound hereby, please do not use the Website or the OGL Services. The Terms are subject to change by the OGL at any time, effective upon posting updated Terms on our website; any use of the OGL Service after such notice will constitute acceptance by you of such changes.
1. Theme: You hereby acknowledge and understand that OGL is an online dating site providing services to the gay and lesbian community, and acknowledge that you are participating in this service voluntarily.
2. Eligibility: You must be at least eighteen (18) years of age to register as a Member. Membership in the OGL Service is void where prohibited.
3. Term: This Agreement will remain in full force and effect while you use the OGL Website and/or are a Member of OGL.
4. Your Conduct on OGL: As a Member of OGL, you hereby agree to the following:
(a) You shall not provide, directly or indirectly, any inaccurate, false or misleading information to OGL or to any other Member of OGL. If the information you provided to OGL, or another Member, subsequently becomes inaccurate, false or misleading, you shall promptly notify the OGL of such change(s) and/or correct such information so that it no longer is inaccurate, false or misleading.
(b) You shall not post on the OGL Service, transmit to other Members or otherwise communicate in connection with OGL Services any abusive, defamatory, inaccurate, profane, offensive, obscene, threatening, harassing, hateful (e.g., gay bashing), racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, rights to privacy, right of publicity, copyrights and trademarks). OGL reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the OGL Service and terminating the membership of such violators.
(c) You shall not promote the physical harm, harassment or injury of another person or groups of persons (including without limitation, gays, lesbians or transgenders). You will not provide, disseminate or otherwise communicate information and/or images that are illegal, false or misleading, or designed to exploit those under 18 years of age (including child pornography).
(d) You shall not provide instructional information regarding or in connection with illegal activities such as making or buying illegal weapons or providing or creating computer viruses.
(e) You shall use the OGL Service in accordance with any and all applicable local, state, federal and international laws and regulations; and your shall not participate in the OGL Services in a manner that violates the laws of the country in which you reside.
(f) You shall create only one profile with the OGL Service, and you shall use your account for your sole, personal use, and you will not authorize others to use your account. You shall not assign or otherwise transfer your account to any other person or entity.
(g) You will not facilitate or engage in any marketing or advertising to, otherwise solicitation of, other Members in connection with products and or services through the OGL Services. You will also not transmit any chain letters to other Members. You will also not engage in or promote spamming.
(h) You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the OGL Service, or transmit to other Members.
(i) You are solely responsible for your interactions and safety in connection with other Members. You agree to take reasonable precautions when meeting individuals through the OGL Service.
(j) You will promptly report to the OGL any violation of the Terms of this Agreement by other Members.
5. Content on OGL:
(a) You hereby acknowledge that the OGL makes no guarantees, either express or implied, regarding your compatibility with individuals you meet through the OGL Service. You further specifically acknowledge that although the Personality Profile Test is intended to analyze potential compatibility, OGL makes no guarantees regarding the results of such test.
(b) You acknowledge that advice, opinions, statements or other information or content made available through the OGL Service, but not directly by the OGL, are those of their respective authors and not of OGL. OGL DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (II) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE OGL. UNDER NO CIRCUMSTANCES WILL THE OGL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
(c) You acknowledge the possibility that Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the OGL 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 OGL Service, and that the recipient may use such information to harass or injure you. The OGL is not responsible for the use of any personal information that you disclose on the OGL Service. Please carefully select the type of information that you post on the OGL Service or release to others.
6. Infringing Content: The OGL reserves the right, but has no obligation, to monitor the materials posted in the public areas of the OGL Service. The OGL shall have the right to remove any such material that OGL determines in its sole discretion violates, or allegedly violates, any applicable law or this Agreement. Notwithstanding this right of the foregoing, you shall remain solely responsible for the materials you post in public areas in the OGL service and in your private e-mail.
7. Other Members: You are solely responsible for your interactions with other Members. You understand that OGL does not in any way screen its members, nor does OGL inquire into the background of its Members or attempt to verify the statement of its Members (including, without limitation, their HIV status, relationship status or gender [or transgender] status). OGL makes no representations or warranties as the conduct of Members or their compatibility with any current or future Members. OGL shall not be liable for any damages whatsoever, whether direct, indirect, arising out of or relating to the conduct of you or anyone else in connection with the use of the OGL Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this OGL Service or persons you meet through this OGL Service. You should take reasonable precautions whenever meeting with other Members.
8. Advertisers: Your dealings with, or participation in promotions of, advertisers found on or through the OGL Service, including payment and delivery of related goods or services, are solely between you and such advertiser. You acknowledge and agree that the OGL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the OGL with advertisers, or as the result of the presence of such advertisers on the OGL Service.
(a) The OGL owns and retains proprietary rights in the OGL Service. The OGL Service contains copyrighted material, trademarks, and other proprietary information of the OGL, its licensors and licensees. 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 agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) By posting information or content to any public area of the OGL Service, you automatically grant, and you represent and warrant that you have the right to grant, to the OGL and other Members 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.
11. Representations and Warranties:
(a) OGL 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 OGL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
(b) OGL does not warrant that your use of the OGL Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the OGL Service will be corrected. OGL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
(c) You represent that you are of legal age and older than eighteen (18) years of age. By using the OGL Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of the Agreement.
12. Limitations on Liability:
(a) IN NO EVENT SHALL THE OGL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE OGL SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF OGL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OGL'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. OGL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
(b) OGL makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Members. IN NO EVENT SHALL OGL 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 OGL SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
13. Indemnity: You hereby agree to indemnify and hold harmless the OGL, 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 OGL Service, including any breach by you of the terms of this Agreement and your representations or warranties hereunder.
14. Customer Services: OGL provides assistance through its customer services representatives. To resolve a complaint regarding the OGL Service, you should first contact OGL via email to email@example.com.
15. Termination: Either you or the OGL may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. OGL reserves the right to immediately suspend or terminate your access to OGL Service, without notice, if in OGL's sole discretion it believes you have violated any Section of this Agreement by you which is brought to the OGL's attention. In the event your access to OGL Service is suspended due to the breach of this Agreement, you agree that all fees then paid to OGL by you shall be nonrefundable. Following any termination hereof, OGL reserves the right to send a notice that you have been terminated to other Members with whom you have corresponded.
16. Donations: OGL provides its Members with the opportunity to voluntarily donate money to various gay and lesbian or similar organizations. Such donations are entirely voluntary and not required to use the OGL Services. The views expressed by such organization do not necessarily reflect the view of OGL, its management and/or representatives. OGL shall also not be liable for the actions or omission of such organizations.
(a) OGL will bill you through an online account (the “Account”) for use of the OGL Service. You agree to pay OGL all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Account, and you authorize OGL to charge your chosen payment provider (your "Payment Method") for the OGL Service. You agree to make payment using that selected Payment Method. OGL reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) You must provide current and accurate information for your Account, and must promptly update all information to keep your Account current, complete and accurate (such as changes in your billing address and credit card information).
(c) 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 (the "Payment Method Provider"). If OGL does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(d) If you receive a discounted rate for becoming a Member for a certain time period (e.g., a discounted rate if you become a member for one full year) and you cancel such membership prior to the expiration of such required period (e.g., before one full year), you agree to immediately pay OGL (or authorize OGL to charge your Payment Method) an amount equal to such discount received (i.e., an amount equal to the difference between the standard fee and the discounted fee during your membership period) upon such cancellation. Any trial or other promotion membership that provides subscriber-level access to the Service must 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.
18. Jurisdiction and Choice of Law: Any disputes arising out of the OGL Website or OGL Services, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree to consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, Southern District of California, County of Los Angeles, for the resolution of any dispute.
19. General Provisions: This Agreement contains the entire agreement and understanding between you and the OGL regarding the use of this OGL Service and your use thereof. Unless otherwise explicitly stated, the terms will survive termination of your registration to the OGL Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND THEREBY.