SM Media. ("SM Media" "we" or "us") is the owner and operator of the Romance Dating Network Web Properties which include, but are not limited to, www.EnableRomance.com, www.Whispers4u.com, www.UDateFree.com, and any linked pages or applications (the "Site") and is the provider of the services available on the Site or through social networking sites (collectively, the "Services"). The availability of any Service on a social networking site does not indicate any relationship or affiliation between us and such social networking site. This page explains the terms by which you may use the Services. By accessing or using the Site or Service, you signify that you have read, understood, and agreed to be bound by this Terms of Use ("Agreement"), whether or not you are a registered user of our Service. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
USE OF OUR SERVICE
You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Use of the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, your use of the Services is at your own risk. All visitors to the Site, whether registered or not, are "Users." If you register with the Site and create an account you become a "Member" and gain access to certain features. SM Media grants you permission to use the Services as set forth in this Agreement, provided that:
(a) You will only use the Services for your sole, personal use and you will not authorize others to use the Services or otherwise transfer your right to use the Services to any other person or entity.
(b) You will use the Services, including but not limited to the content you post through the Services, in a manner consistent with any and all applicable local, state, national and international laws and regulations.
(c) You will not provide inaccurate, misleading, incomplete or false information to us or to any other User.
(d) You will not use the Services (or the system provided) to transport to any other User any obscene, profane, defamatory, offensive, threatening, harassing, or illegal materials that offend or violate any other party's rights.
(e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters or junk email to other Users.
(f) You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials without the prior consent of the owner of such proprietary rights.
(g) You will only create one unique profile for the Services provided. You will not include any telephone numbers, street addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any content, email, chat message, mobile messages, or any other communication.
You agree that we have the right to investigate, prosecute you individually and/or terminate your account and cancel your subscription and/or membership if you have violated the terms of this Agreement, misused the Services, or behaved in a way which could be regarded as inappropriate, unlawful, illegal or unsafe.
CONTENT
You are solely responsible for the content or information that you provide, publish, display or otherwise communicate to The Romance Dating Network or through the Services or to other Users, including but not limited to materials posted on the chat room, through email messages, photos and profiles (your submissions and those of other Users, collectively, are "Content"). You consent and license us to use and disclose the Content that you furnish in providing the Services. Additionally, you grant, and you represent and warrant that you have the right to grant, to SM Media, its affiliates, licensees and successors and other non-affiliated third parties an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that public posting and use of your Content by us will not infringe or violate the rights of any third party.
ACCOUNT SECURITY
You understand you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge that we will not be liable for any loss or damage arising from your failure to comply with this provision. You agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
CODE OF ETHICS
You agree to adhere to the Romance Dating Network's Code of Ethics and certify that:
You are at least 18 years old.
You have never been convicted of a felony or any criminal offense characterized as a sexual offense.
You will be truthful, accurate and complete in the information presented in your personal profile.
You will maintain any photos posted to your personal profile to within 2 years of the date taken.
You will not use any defamatory, abusive, obscene, profane, threatening, harassing or otherwise offensive or illegal material when using the Services or in communications with other Users.
You will treat all fellow Users with dignity and respect.
You will notify us promptly of any User's violation of the terms of this Agreement.
REQUEST FOR INFORMATION
You agree to provide to us, upon request, complete, accurate and current information confirming eligibility for membership.
SM MEDIA RIGHTS
a. Romance Dating Network Content Review; No Duty to Monitor. Although you understand and acknowledge that we have no duty to prescreen, control, monitor or edit the content posted by Users and is not liable for content that is provided by others, you agree and understand that we may, but is not required to, review, edit and delete any content, email, messages, photos or profiles that, in our sole judgment, violates this Agreement or which may be offensive, illegal, unsafe or that might violate the rights of other Users.
b. Proprietary Rights. You acknowledge SM Media and/or its licensors own and retain all proprietary rights in the Services and the Site. The Site and the Services contain the copyrighted material, trademarks, and other proprietary information of SM Media and its licensors. You understand that you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
c. Changes to Services. You understand the Services provided by us are expected to change from time to time and you agree that we have the right to modify, change, suspend or discontinue temporarily or permanently any Service offered, the features or any part of any Service offered or its system without notice, including changes to access and use procedures. You understand SM Media will not be liable to you or any third party for any modification, change, suspension or discontinuance of the Services.
d. Blocking IP Addresses. You understand that in order to protect the integrity of the Services, we reserve the right at any time in our sole discretion to block members or subscribers from certain IP addresses from accessing the Services.
e. Informed Consent to Participation in Research. By using the Services, you agree to allow us to anonymously use the information from you and your experiences through the Services to continue our research.
f. Right to deny service to users. You understand that SM Media at its sole discretion reserves the right to block any user from using the serives for any reason or no reason.
DISCLAIMER OF WARRANTY
THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SM MEDIA PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SM MEDIA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SM MEDIA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SM Media, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SM MEDIA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE 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 SM EMDIA. UNDER NO CIRCUMSTANCES WILL SM MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SM MEDIA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SM MEDIA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SM MEDIA'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT (IF ANY).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SM MEDIA 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES.
DISPUTES AND INDEMNIFICATION
Disputes. You agree that if there is any dispute about or involving the Services, by using the Services, the dispute will by governed by the laws of England.
INDEMNITY. You agree to indemnify and hold SM Media, its subsidiaries, affiliates, officers, managers, agents, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising of your use of the Services in violation of this Agreement and/or any breach of any provision of this Agreement
OPT-OUT
By providing us your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of many Services-related communications by adjusting your email notification settings. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by adjusting your email notification settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
ACCOUNT TERMINATION AND CANCELLATION
This Agreement shall become effective upon your acceptance of the Agreement by your use of the Site or the Services and shall remain in effect in perpetuity unless terminated hereunder. We may terminate your account at any time, for any reason or no reason, without explanation. We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to us by you (if any) shall be nonrefundable and all outstanding or pending payments (if any) shall immediately be due.
Advertisers
You acknowledge and agree that your correspondence or business dealings with advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such advertisers on the Site.
Links
You understand the Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You understand SM Media has no control over such sites and resources, and acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sm Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Other
This Agreement and the Privacy Policy contains the entire agreement between you and SM Media regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. If you have any questions regarding this agreement, click here to contact us.
PRIVACY POLICY
SM Media cares deeply about online privacy. If you have any questions concerning this privacy policy, click here to contact us.
This Privacy Policy was last updated on July 27, 2009.
PERSONS UNDER THE AGE OF 18
SM Media does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 18 years of age, and no part of the Site is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Site or the Services at any time or in any manner. If SM Media learns that personally identifiable information of persons under 18 years of age has been collected on the Site, then SM Media will take the appropriate steps to delete this information.
INFORMATION COLLECTION AND USE BY US
SM Media collects user submitted information such as name, email address, and age. SM Media also collects other profile data including but not limited to: personal interests, gender, age, and geographical location. SM Media also logs non-personally-identifiable information including IP address, profile information, aggregate user data, cookie information, and browser type, from Users. This data is used to manage the website, prevent click fraud, track usage and improve the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Users. User IP addresses are recorded for security and monitoring purposes.
From time to time, SM Media or a partner may sponsor a promotion, sweepstakes or contest on the Site. Users who choose to participate may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. By providing information in such circumstances, you consent to sharing your information with such partners for the purpose described. Except as described herein, SM Media will not monitor, edit or disclose any personal information about you or your account, without your prior consent unless we have a belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of SM Media; (iii) enforce SM Media's Terms of Use; (iv) protect the interests of Users of the Services (other than you) or any other person; or (v) operate or conduct maintenance and repair of the Services or equipment as authorized by law.
USE OF COOKIES
SM Media uses cookies to store Users' preferences, record session information, and collect aggregated demographic data. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. However, you may need to enable cookies from us in order to use most functions on the Site.
LINKS
The Site may contain links to third party sites. SM Media is not responsible for the privacy policies and/or practices on other sites. When linking to another site a User should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Site.
Users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info, or users can click here to contact us.
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that SM Media is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
CHANGES IN OUR PRIVACY POLICY
This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party. SM Media reserves the right, at any time and without notice, to add to, modify, change or update this Privacy Policy, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.
CONTACTING THE SITE
If you have any questions about this privacy policy, the practices of the Site, or your dealings with the Site, click here to contact us.