You must be at least 18 years old to register on or use the Wheeliemad Dates website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. Wheeliemad Dates is an online service for adults to meet other like-minded individuals in search of a long-term relationship ("Wheeliemad Dates" or "we" or "us"). By using the Wheeliemad Dates Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). 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 Wheeliemad Dates from time to time, effective when posted by Wheeliemad Dates on the Website. You may also receive a copy of this Agreement by emailing us (Subject: Terms of Use). By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 1. Member Eligibility and Terms. If you wish to become a Member and communicate with other Members and make use of the Wheeliemad Dates service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. You must be eighteen or over to register as a member of Wheeliemad Dates and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. It may be modified by Wheeliemad Dates from time to time, effective when posted by Wheeliemad Dates on the Website. Membership in the Service is void where prohibited. 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 by following the instructions on the Resign pages in Account Settings, or on receipt by Wheeliemad Dates of your notice of termination by email, fax or mail. Wheeliemad Dates 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 Wheeliemad Dates received from you. If Wheeliemad Dates terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: sections 5, 10, 11, 13, 14 AND 15. 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, available at the 'My Home' Page after logging on to Wheeliemad Dates, and immediately notify 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. Collecting Member IDs (usernames), or email addresses of members, or other information on the Website, by electronic or other means, is prohibited. 5. Proprietary Rights in Content on Wheeliemad Dates Wheeliemad Dates owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of Wheeliemad Dates 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.
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 authorised 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 authorised 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 authorised to act on the copyright owner's behalf. Wheeliemad Dates's Copyright Agent for notice of claims of copyright infringement can be reached via e-mail (Subject: Copyright). 8. Member Disputes. You are solely responsible for your interactions with other Wheeliemad Dates Members. Wheeliemad Dates reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website. 9. Privacy. Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. 10. DISCLAIMERS. Wheeliemad Dates is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Website or the Service. Wheeliemad Dates is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Wheeliemad Dates assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Wheeliemad Dates 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 Wheeliemad Dates 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. Wheeliemad Dates 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 Wheeliemad Dates 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. Wheeliemad Dates 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 Wheeliemad Dates 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. Wheeliemad Dates'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 Wheeliemad Dates for the Service during the term of membership. 12. Export Controls. Use of this Website is not subject to any export controls. Residents of any country may use Wheeliemad Dates. 13. Disputes. If there is any dispute between us about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. 14. Indemnity. You agree to indemnify and hold Wheeliemad Dates, 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. 15. 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 Wheeliemad Dates 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. Please contact us with any questions regarding this agreement. Wheeliemad Dates Terms & Conditions Last Updated: October 1, 2005 |



