DatingClubLive.Com: Terms of Use
BY USING THE SITE YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS
The following terms and conditions of use (the "terms and conditions") govern your ("you") use of the DatingClubLive.com, an Awake Entertainment, Llc Company online dating club/service (the "Service"), as provided by DatingClubLive.com, an Awake Entertainment, Llc Company ("DatingClubLive.com, an Awake Entertainment, Llc Company" or "we" or “us” or “the Site”.).
Registration Eligibility
In order to use the Service you must be over 18 years of age. You understand and authorize Awake Entertainment to contract with independent third parties to perform background checks on Basic and Premium Member subscription upgrades.
Background Check Disclaimer
You understand and authorize DatingClubLive.com, an Awake Entertainment, Llc Company to contract with independent third parties to perform background checks on Basic and Premium Member subscriptions on yourself. You acknowledge that we have no control over such services and, in fact, the services are performed by independent contractors. As such, you release, hold harmless, and agree to indemnify DatingClubLive.com an Awake Entertainment, Llc Company from any and all information, actions, omissions, investigations, claims or damages regarding such information and/or investigations, including, but not limited to, the means of acquiring the information and the results obtained. You acknowledge and agree that we make no representation or warranty as to the methods, completeness, accuracy, timeliness or suitability for any purpose of such information.
User Information
In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). You acknowledge and agree that you are solely responsible for the content of the User Information and that all User Information is accurate, including the content of your Profile and any messages you send through DatingClubLive.com an Awake Entertainment, Llc Company.
User Conduct
DatingClubLive.com an Awake Entertainment, Llc Company provides a service aimed at individuals who wish to use the service for creating genuine friendships, relationships and networking. You warrant and agree that you SHALL NOT:
• Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions or the law of the State or Country in which you are located;
• Upload or post any personal contact information within your profile, the profile rating comments, or the forums or any other area of the site either in the form of text, numbers, links, or graphics;
• Solicit the contact details of other members by way of inducements, comments, hints, or pleas in any area of the site with the exception of private messaging and instant messaging;
• Restrict or inhibit any other User from using and enjoying the Site;
• Display or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Mislead or misrepresent your affiliation with or impersonate any other person or entity or risk full prosecution under penalty of law;
• Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
• Engage in spamming or phishing;
• Attempt to gain unauthorized access to other computer systems through the Site.
Furthermore, as a member of DatingClubLive.com an Awake Entertainment, Llc Company you agree to protect your personal login details and to ensure that your user ID and password are kept securely. Your login details are for your use only and should not be divulged to others nor stored in such a way that they can be discovered. DatingClubLive.com, an Awake Entertainment, Llc Company, accepts no responsibility for any loss or damage due to the misuse of members' login details.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any components of the Site itself or derivative works.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves and/or our Users.
Submitted Material
Any information or material that you submit or send to DatingClubLive.com, an Awake Entertainment, Llc Company or otherwise make available on or through the Site ("Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:
• Agree and acknowledge that Your Material will not be treated as confidential or proprietary;
• Agree and acknowledge that Your Material is owned by DatingClubLive.com, an Awake Entertainment, Llc Company;
• Represent and warrant that Your Material;
• Is original to you and that no other party has any rights to the material;
• Does not contain any content that is unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
• Does not contain a virus or other harmful component;
• Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact;
• Grant DatingClubLive.com, an Awake Entertainment, Llc Company the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in Your Material have been waived;
• DatingClubLive.com, an Awake Entertainment, Llc Company reserve the right to view the content of all mail passing through the site;
• DatingClubLive.com an Awake Entertainment, Llc Company reserve the right not to post and to remove any User Information, subscriptions, profiles, messages, and content therein without notice;
• DatingClubLive.com an Awake Entertainment, Llc Company reserves the right to deny and/or cancel membership to any person who we deem from their profile or use of the site to be unsuitable for the service;
Contact by DatingClubLive.com, an Awake Entertainment, Llc Company
All members agree to receive occasional newsletters and other emails relating to the DatingClubLive.com, an Awake Entertainment, Llc Company site. This may include administration information, news, updates, and other items relating to the operation of the site.
Services Available on the Site
DatingClubLive.com, an Awake Entertainment, Llc Company may make certain services available to individuals who register on the Site ("registered users") and general visitors to the site ("visitors") (registered users and visitors are collectively referred to as "users"). For example, users may be able to register to receive profile alerts, search our user database, participate in forums or moderated discussions with other users, post comments on a bulletin board, post and respond to profiles, or upload their profile (collectively, "services", and with the site, the "Site").
DatingClubLive.com, an Awake Entertainment, Llc Company may make certain forums available on the site that allow registered users the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively, "Forums").
Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these forums and should be aware that when they voluntarily disclose personal information on or through these forums, such information is generally accessible to and may be collected and used by other Registered Users, as well as visitors, and may result in unsolicited online and offline messages from such viewers. Registered Users are strongly encouraged to exercise discretion when providing personal information about themselves.
DatingClubLive.com, an Awake Entertainment, Llc Company reserves the right to delete or edit any posts added to the Forums on this site.
Internet Access
You acknowledge and agree that in connection with your use of the site you must:
(a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and
(b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, web-cam, microphone, software, modem, high speed connection and a means of connecting to or accessing the Internet.
DatingClubLive.com, an Awake Entertainment, Llc Company shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Proprietary Rights
Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States of America, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
Affiliate Program
DatingClubLive.com, an Awake Entertainment, Llc Company will reward existing members with an opportunity to earn a commission income. The following members are eligible: Free Members, Basic Members, Premium Members and Charter Members. Those Members who refer new paying Members to the Site will earn a 15% commission on the monthly Membership Fees for as long as their referral remains a Member. Commissions will be paid on the 15th of each month for the prior month earned sales volume. Referring member must have a PayPal account and provide their PayPal E-mail address, contact information, including social security and/or TIN number for tax reporting purposes to be eligible for payment. This information must be entered by referring member into our Affiliate System.
Profile Deletion
DatingClubLive.com, an Awake Entertainment, Llc Company reserves the right to delete without notice any profile belonging to a member who violates any section of these terms and conditions.
Subscription Terms and Cancellation
Free and Trial memberships of the DatingClubLive.com, an Awake Entertainment, Llc Company Site are free of charge. Basic and Premium Subscriptions are optional but are mandatory if the member wishes to use video messaging, instant video messaging, or video chat rooms.
Subscription charges are non-refundable. DatingClubLive.com, an Awake Entertainment, Llc Company takes no responsibility for any loss of access that may prevent subscribers from accessing the site. DatingClubLive.com, an Awake Entertainment, Llc Company takes no responsibility for the inability of members to use any function on the site due to the lack of compatibility of their computer(s) with the software on the site, nor for any erroneous settings within their computer software that may hinder or prevent use of any part of the site.
Service Levels
DatingClubLive.com, an Awake Entertainment, Llc Company will attempt to provide consistent and reliable access to the web site and strives for the optimum service level. However, DatingClubLive.com, an Awake Entertainment, Llc Company will not refund subscriptions if access to the site is denied due to faults, network outages, malicious attacks, acts of God, and occasional maintenance periods, nor for any faults or bugs within the software and functionalities of the site.
No Endorsement
DatingClubLive.com, an Awake Entertainment, Llc Company is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does DatingClubLive.com an Awake Entertainment, Llc Company endorse any opinions expressed by Users or Advertisers. DatingClubLive.com an Awake Entertainment, Llc Company is not responsible for the online or offline content of Users. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of DatingClubLive.com, an Awake Entertainment, Llc Company.
Unsolicited Materials
Unless specifically requested, DatingClubLive.com, an Awake Entertainment, Llc Company does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or any of its services.
