TERMS AND CONDITIONS OF SERVICE
The TorontoInFocus.com Personals service (the "Service") is provided by TorontoInFocus.com,
(the "Company"). This is a legal agreement ("Agreement") between you and the Company, please
read the Agreement carefully before registering for the Service. By completing your
registration and clicking on the "I Accept" button below, you will become a registered user
of the Service (a "Registered User") and you agree to be bound by the terms and conditions
of this Agreement (the "Terms") for as long as you continue to be a Registered User.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are
subject to change by the Company at any time, effective upon notice to you, any use of the
Service after such notice will constitute acceptance by you of such changes.
1. Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant
that you are at least 18 years old.
2. Exclusive Use. Your account is for your sole, personal use, you may not authorize others to
use your account, and you may not assign or otherwise transfer your account to any other person
or entity.
3. Online Conduct. As a Registered User, you agree that:
a. You are solely responsible for the content or information you publish, display or
otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other
Registered Users.
b. You will not post on the Service, or transmit to other Registered Users, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes or violates another
party's rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity).
c. You will use the Service in a manner consistent with 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. Membership in, and use of, the Service is
void where prohibited.
d. You will not provide inaccurate, misleading or false information to the Company or
to any other Registered User. If information provided to the Company, or another Registered
User, subsequently becomes inaccurate, misleading or false, you will promptly notify the
Company of such change.
e. Prior to reaching [Open Communication], your E-mail correspondence with other
Registered Users will not include any personal information which would enable
other Registered Users to discover your identity.
f. You will only create one unique profile with the Service.
g. You will not engage in advertising to, or solicitation of, other Registered Users to
buy or sell any products or services through the Service. You will not transmit any
chain letters or junk E-mail to other Registered Users.
h. You will not post, copy, modify, transmit, show in public or private, create any derivative
works from, distribute or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior consent of the owner of
such proprietary rights.
i. You are solely responsible for your interactions with other Registered Users. You agree
to take normal precautions when meeting individuals through the Service.
j. You understand that the Company makes no guarantees, either express or implied, regarding your
ultimate compatibility with individuals you meet through the Service.
k. You will promptly report to the Company any violation of the Terms of this Agreement by
other Registered Users.
l. The Company reserves the right, but has no obligation, to monitor the materials posted
in the public areas of the Service. The Company shall have the right to remove any such
material that in its sole opinion violates, or is alleged to violate, any applicable law
or either the letter or spirit of this Agreement. Notwithstanding this right of the Company,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC
AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and
other Registered Users that are not readily accessible to the general public will be
treated as private by the Company to the extent permitted by applicable law.
5. Online Content. Opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by the Company, are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely responsible for
such content. THE COMPANY 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 COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY 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 REGISTERED USERS.
6. Dealings with Advertisers. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, 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 the Company shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
7. Unauthorized Users. It is possible that other Registered Users or users (including
unauthorized users, or "hackers") may post or transmit offensive or obscene materials on
the 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 Service, and that the recipient may use such information to harass
or injure you. The Company is not responsible for the use of any personal information
that you disclose on the Service. Please carefully select the type of information that
you post on the Service or release to others.
8. Proprietary Rights.
a. The Company owns and retains proprietary rights in the Service. The Service contains
copyrighted material, trademarks, and other proprietary information of the Company, its
licensors and licensees. In addition, other Registered Users 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 Service, you automatically
grant, and you represent and warrant that you have the right to grant, to the Company and other
Registered Users 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.
9. Warranties.
a. THE COMPANY 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 COMPANY
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.
b. The Company does not warrant that your use of the Service will be secure, uninterrupted,
always available, error-free or will meet your requirements, or that any defects in the
ervice will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH
RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
10. Limitation of liability.
a. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S
AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT,
EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
b. The Company makes no representations or warranties as to the conduct of registered users
or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE
COMPANY 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 SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING
FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS
INTRODUCED TO YOU BY THIS SERVICE.
11. Indemnity by Registered User. You will indemnify and hold harmless the Company,
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 Service, including any breach by you of the terms of this Agreement.
12. To resolve a complaint you should first contact the Company by
clicking on the "Contact Us" button or via email to webmaster@torontoinfocus.com.
13. Termination. Either you or the Company may terminate your account at any time, for
any reason, without explanation, effective upon sending written notice to the other party.
The Company reserves the right to immediately suspend or terminate your access to the
Service, without notice, upon any breach of this Agreement by you which is brought to
the Company's attention.
14. General Provisions. You agree that Ohio law (regardless of conflicts of law principles)
shall govern this Agreement, and that any dispute arising out of or relating to this Agreement
shall be subject to the exclusive jurisdiction of the federal and state courts in Ohio, other
than for actions to enforce any order or judgment entered by such courts.
This Agreement, accepted upon registration for the Service, contains the entire agreement
between you and the Company regarding the use of this Service. Unless otherwise explicitly
stated, the terms will survive termination of your registration to the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue in full
force and effect.
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