You must be at least 18 years old to register on or use the TheDatingNook.com Website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited.
This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). The terms of this Agreement may be modified by TheDatingNook.com from time to time, effective when posted by TheDatingNook.com on the Website.
1. Member Eligibility and Terms. You must be 18 or over to register as a member of TheDatingNook.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. It may be modified by TheDatingNook.com from time to time, effective when posted by TheDatingNook.com on the Website.
2. Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason. TheDatingNook.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that TheDatingNook.com received from you. If TheDatingNook.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. To cancel a subscription to this Website you need to send us a written cancellation request via email or mail.
3. Member ID and Password. As part of the member registration process, you will be asked to select a Member ID (username) and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your Member ID and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information after logging on to TheDatingNook.com, and immediately contact us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorised Use. The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service. You may not use the Website or Service in connection with any commercial or group activities. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose.
5. Proprietary Rights in Content on TheDatingNook.com. TheDatingNook.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of TheDatingNook.com and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information.
6. Content Posted on the Site.
a. You are solely responsible for any materials (including profiles or photos) and messages that you publish or display on this Website, or transmit to other members.
b. By posting Content to any public area of TheDatingNook.com you automatically grant, and you represent and warrant that you have the right to grant, to TheDatingNook.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, distribute such information.
c. You understand and agree that TheDatingNook.com may review and remove any content that in the sole judgement of TheDatingNook.com violates this Agreement or which, in the sole judgement of TheDatingNook.com might be offensive or illegal or might violate the rights of, harm, or threaten the safety of our Members.
d. We reserve the right to investigate and take appropriate action against anyone who releases offensive Content including removing the offending Communications from the Website and terminating the membership of such violators. You may not include in your Member profile any telephone number, street addresses, last names, URLs or email addresses. We reserve the right to restrict the number of emails a Member may send to other members in any 24 hour period in order to protect other members from advertising.
e. WARNING: It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website 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. TheDatingNook.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
7. Copyright Policy. You may 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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
8. Member Disputes. You are solely responsible for your interactions with other TheDatingNook.com Members. TheDatingNook.com reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.
10. DISCLAIMERS. TheDatingNook.com is not responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service.
TheDatingNook.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
TheDatingNook.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
TheDatingNook.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Website, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service.
THE Website AND THE SERVICE ARE PROVIDED "AS-IS" AND TheDatingNook.com EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE Website OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TheDatingNook.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability. You assume full responsibility and risk for your use of the Website and the Service. Under no circumstances will TheDatingNook.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. TheDatingNook.com and its affiliates are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Web site or the Service, even if TheDatingNook.com has been advised of the possibility of such damages. If you live in a state whose laws prevent you from taking full responsibility for your use of the service, our liability is limited to the greatest extent allowed by law. TheDatingNook.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 TheDatingNook.com for the Service during the term of membership.
12. Indemnity. You agree to indemnify and hold TheDatingNook.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
13. Other. This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and TheDatingNook.com regarding the use of the Website and the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.