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TERMS AND CONDITIONS OF USE OF DECADESILOVE.COM
This agreement ("Agreement") between you and DECADESILOVE.COM ("Company") sets forth the terms and conditions which apply to the use by you of Company's website located at www.decadesilove.com (the "Website") and any other product or service offered by Website for use or sale (collectively, "Service"). If you wish to become a member of the Service (a "Member") and communicate with other Members and make use of the Service, please read this Agreement and indicate your acceptance to the terms and conditions herein by following the instructions on the sign up page. Notwithstanding whether you become a Member, your use of the Website and/or the Service is expressly conditioned on your acceptance of the terms and conditions in this Agreement. Accordingly, regardless of whether you become a Member, by using the Website and/or the Service, you agree to the terms and conditions herein just as if you had signed this Agreement. If you do not agree with any part of these terms and conditions you must not use the Website and the Service.
This Agreement may be modified by Company at any time without prior notice. Any modifications of this Agreement will be effective immediately upon Company’s posting thereof on the Website. Your continued use of the Website and/or the Service constitutes your acceptance of any modifications or amendments to this Agreement. If at any time you do not agree to any modification or amendment to this Agreement, you agree that your sole remedy is to discontinue using the Website and the Service and to request that your Membership be discontinued.
1. ELIGIBILITY. You must be thirteen (13) years of age or older to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, 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 herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. Company reserves the right to refuse or revoke Membership to anyone at any time for any reason.
2. TERM. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason. You acknowledge that Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your Membership or deny you access to all or any part of the Website and/or the Service at any time, for any or no reason, including but not limited to your violation of any provision of this Agreement. You agree that termination of your Membership or restriction on access to the Service, including but not limited to the discontinuance of providing the Service, may be effected without prior notice, and acknowledge and agree that upon termination of your Membership or restriction on access to the Service, Company may immediately deactivate and delete all related content, information and files associated with your Membership, and bar any further access by you to such files and/or the Service. Company is not obliged to preserve, keep, or maintain back-up copies of any material submitted or posted on the Website and/or through the Service. You agree that Company shall not be liable to you or any third party for termination of your Membership, denial of access to the Service, discontinuance of providing the Service, or deletion of your content, information, and files. The Service is currently available to you free of charge. By using the Service and by becoming a Member, you acknowledge, however, that Company reserves the right to charge for the Service or any part thereof and has the right to terminate your Membership should you fail to pay for the Service. If Company terminates your Membership, you will not be entitled to any refund of unused subscription fees, if any. Even after your Membership is terminated, this Agreement shall remain in full force and effect.
3. NON-COMMERCIAL USE ONLY. The Website and/or the Service is for the personal use of Members only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed and/or approved in writing by the management of Company. Organizations, companies, and/or businesses may not become Members and should not use the Website and/or the Service for any purpose.
4. PROPRIETARY RIGHTS.
a. You understand and agree that Company owns and retains all proprietary rights in the Website and the Service. The Website and the Service contain copyrighted material (including but not limited to videos, music, sounds, graphics, designs, source code, member-created content, and compilations of individual data), trademarks, trade dress, and other proprietary information of Company (collectively, "Proprietary Information"). Except for that information which is in the public domain or licensed by you to Company (as set forth below and for which you have legal authority to license) or for which you have been given written permission by the management of Company, you may not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivate works of, sell, or otherwise exploit any Proprietary Information (including, without limitation, any downloaded Proprietary Information). In addition, you may not attempt to discover any source code used in connection with the Website and/or the Service. By agreeing to the terms herein, Company grants you a limited, non-transferable, revocable, and non-exclusive license to reproduce and display the interface of the Website and/or the Service and content posted thereon (excluding any source code) solely for your personal use in connection with viewing the Website and using the Service. Third-party content providers own the copyright in content that is original to them and the same prohibitions herein apply thereto. In the event of any permitted copying, redistribution, publication or other exploitation of such material, you agree that no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Website.
5. CONTENT POSTED ON WEBSITE.
a. You understand and agree that Company may review, modify, or delete, without notice, any data, text, software, music, sound, message, photograph, graphic, image, video, profile, Mash-up, work of authorship, or other material or expression (collectively, "Content"), whether posted publicly or posted privately to other Members, that in the sole judgment of Company violates this Agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. Company is the final arbiter of what IS and IS NOT allowed on the Website.
b. You are solely responsible for the Content that you publish, transmit, upload, communicate, or display (collectively, "post") on the Website and/or through the Service, whether posted publicly or posted privately to other Members. You understand that Company has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. Company is not responsible in any way for the Content posted by Members on any area of the Website or otherwise posted through the Service. By posting Content on the Website and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.
c. If you post Content to any public area of Website or submit any Content, including, without limitation, any scripts, treatments, casting reels, video clips, or Mash-ups via the Website, you automatically grant to Company, its licensees, successors, and assigns, an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, repurpose, alter, edit, publish, translate, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such Content, or any part thereof, including but not limited to any copyrighted material, and your name, image, voice and likeness, for any purpose and in any form, media, or technology, whether now known or later developed, including but not limited to featuring such Content, name, image, voice or likeness on any page of the Website or on a third party website or mobile application, or in connection with any television program/series, motion picture, web or mobile program/series, or in any marketing, promotional materials or advertisements, and to grant and authorize sublicenses of the foregoing (the "License"). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. You further agree to permit Company to display, feature, integrate, or exhibit advertisements in connection with Content, including, without limitation, banner advertisements, and pre-roll, post-roll, and interstitial video advertisements. You further waive any and all so-called "Moral Rights" or similar rights of any jurisdiction, now or hereafter recognized, with respect to Company’s exercise of such right and license.
d. By posting any information about or photographs, videos or images of yourself on the Website and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, videos or images. In connection with your applicable submissions via the Website, you hereby irrevocably grant to Company the nonexclusive right to photograph, film, tape or otherwise record or capture your physical likeness and movements in any manner it desires, to use your name (or a fictitious name) and biographical data, and to record and reproduce your voice and other sound effects in any medium (now or hereafter known). Without in any way limiting the foregoing, you acknowledge that Company has the right to change, modify or manipulate your name, likeness, movements and voice in connection with its exercise of said rights. You agree that Company shall have sole discretion in determining the extent and manner of use of your name, likeness or anything else granted herein and that Company is not obligated in any way to use your name, likeness or anything else granted herein or any portion thereof in any medium.
e. You further represent and warrant that: (1) You exclusively and irrevocably own the Content posted by you on the Website and/or through the Service or otherwise have the right to grant the License set forth in this section; and (2) any Content posted by you on the Website and/or through the Service does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents, moral rights or other intellectual property, contract, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the Website and/or through the Service.
f. The following is a partial list of the kind of Content that you are prohibited from posting on the Website and/or through the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including but not limited to removing the offending Content from the Website and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that, in Company’s sole discretion:
(1) is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;
(2) is vulgar, profane, abusive or indecent;
(3) contains nudity, violence, or offensive subject matter;
(4) exploits people in a sexual or violent manner;
(5) threatens, harasses, or advocates harassment of another person;
(6) invades another person's privacy;
(7) violates or infringes the rights of others, including but not limited to Content that is protected by contract, rights of publicity, or intellectual property laws, such as copyright, trademark, trade secret, and patent laws, without first obtaining permission from the owner or rights holder;
(8) involves the transmission of 'junk mail, ''chain letters,” unsolicited mass mailing, “spimming,” or “spamming;”
(9) is false, misleading, disparaging, or defamatory, or promotes illegal activities or conduct that is abusive, threatening, obscene, disparaging, or defamatory;
(10) promotes illegal or unauthorized copying of another person's or entity's copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;
(11) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);
(12) exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);
(13) involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language;
(14) promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(15) solicits passwords or personally identifying information from other Members for commercial or unlawful purposes;
(16) involves commercial activities, including but not limited to sales, contests, raffles, sweepstakes, barter, advertising, and pyramid schemes, without the prior written consent of Company management;
(17) contains a personal telephone number, address, e-mail address, or credit card number;
(18) contains a person's last name;
(19) violates any applicable local, state, federal or international law or regulation.
Notwithstanding the prohibition on the Content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue Company for any such exposure and any injuries based thereon.
g. You agree to exercise caution not to post Content on the Website and/or through the Service that is of so personal or sensitive a nature that, if accessed by unintended persons, would cause you harm, loss or damage.
h. Company reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. PROHIBITED ACTIVITIES. a. You may only use the Website and/or the Service for legitimate purposes for which the Website and/or the Service is available, and shall not use the Website and/or the Service for any other purposes. You must use the Website and/or the Service in a manner consistent with any and all applicable laws and regulations. In addition, Company prohibits activities that may harm the Website, the Service, Members, or other persons or property. Company reserves the right to investigate and take appropriate legal action, including but not limited to contacting law enforcement authorities and seeking remedies at law and equity, against anyone who, in Company's sole discretion, makes illegal or unauthorized use of the Website and/or the Service. Prohibited activity includes but is not limited to:
(1) criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, prostitution, gambling, harassment, stalking, spamming, spimming, distributing viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, misappropriation of trade secrets, or invading another's privacy;
(2) using the Website and/or the Service to engage in offensive, egregious, or abusive advertising to, or solicitation of, other Members to buy, sell, test, or view any product or service. Such commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. In addition, Company does not authorize any Content found on the Website to be transferred or copied from the Website for use with any other product or service;
(3) using the Website and/or the Service to collect names and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to a website. Although Company cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Website and/or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell any product or service to any Member without their prior explicit consent. In order to protect Members from such advertising or solicitation, Company reserves the right to restrict the number of e-mail messages that a Member may send to other Members in any 24-hour period to a number which Company deems appropriate in its sole discretion;
(4) covering or obscuring banner or other advertisements on any page of the Website via HTML/CSS or any other means;
(5) automated use of the Service or its systems, such as using scripts to add friends;
(6) interfering with, disrupting, or creating an undue burden on the Website and/or the Service and/or the networks connected thereto, including but not limited to posting or otherwise transmitting any material that contains software viruses, trojans, bots, worms, scripts, scrolling, or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website and/or the Service and/or software or hardware used in connection therewith;
(7) attempting to impersonate another person or a Company employee;
(8) attempting to probe, scan, or test the vulnerability of the Website and/or the Service and/or the networks connected thereto;
(9) attempting to modify, reverse-engineer, decompile, or disassemble the Website and/or the Service and/or the source code associated therewith;
(10) using the Membership account or password of another Member, accessing Content not intended for you, disclosing your password to any third party, or permitting any third party to access your Membership account. You are solely responsible for maintaining the confidentiality of your password. You agree to notify Company immediately if you suspect any unauthorized use of your Membership account or access to your password;
(11) selling or otherwise transferring your profile;
(12) using any robot, spider, or other automated device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor or copy any information, data, or Content from the Website and/or the Service;
(13) using the Website and/or the Service to collect or distribute personally identifying information about Members or other people;
(14) accessing the Service by any means other than through the interface that is provided by Company or otherwise breaching Company's security or authentication measures;
(15) using the interface provided by Company to invite people with whom you do not have a personal relationship to join the Service.
(16) using a user name, address, credit card information, e-mail address or avatar belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
(17) using a user name, e-mail address or avatar in violation of the intellectual property rights of any person or entity;
(18) using a false "header" - the legend attached to e-mail messages to show the message's point of origin, route and destination - or otherwise falsely configuring e-mail;
7. COPYRIGHT POLICY. You may not post, display, publicly perform, distribute, sell, reproduce, create derivative works of, or otherwise exploit in any way any copyrighted material information found on the Website and/or through the Service without obtaining the prior written consent of the owner or holder of such rights. Company reserves the right, but not the obligation, to terminate your Membership if it determines in its sole discretion that you are involved in infringing activity, including but not limited to alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Company's Copyright Agent with the following information pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. section 512): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) 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; (vi) 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. Company's Copyright Agent for notice of claims of copyright infringement can be reached as follows: DecadesILove.com Administrator: admin@decadesilove.com Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
8. MONITORING. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the terms and conditions herein, including but not limited to removing any offending Content from the Website and terminating the Membership of such violators without notice. Accordingly, you agree that Company will have the right to access your Membership account and Content at any time, without advance notice, to investigate a violation of this Agreement or other misuse of the Website and/or the Service. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information posted on the Website and/or through the Service, including but not limited to e-mail messages and Content for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Company's Privacy Policy.
9. MEMBER DISPUTES. You are solely responsible for your interactions with other Members. Company reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Company, in its sole discretion, finds any violation of this Agreement or other improper conduct.
10. PRIVACY. All information gathered from you in connection with your use of the Website and/or the Service will be governed by Company's Privacy Policy. You acknowledge that you have read Company's Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such Privacy Policy are reasonable. You consent to Company's use of your personal information in accordance with and for the purposes set forth in Company's Privacy Policy.
11. DISCLAIMERS.
a. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. Company cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Company makes no guarantee that the Website and/or the Service will be timely, secure, or error-free. The Website and/or the Service may be temporarily or indefinitely unavailable for maintenance or other reasons. Company makes no guarantee of availability of the Website and/or the Service and reserves the right to modify, withdraw, suspend or discontinue providing any or all functionality or features of the Website and/or the Service without notice at any time. No advice, content, or information, whether oral, written, or visual, obtained or accessed by you from the Website or through the Service or from any Member shall create any warranty not expressly stated herein.
b. The Website contains opinions, recommendations, statements, and information provided by third parties, including but not limited to Content posted by other Members. Company does not represent, endorse, verify, or guarantee the truthfulness, accuracy, completeness, integrity, quality, or reliability of any such Content posted by such third parties, or vouch for any opinions or recommendations expressed by such third parties. The opinions and views expressed by such third parties do not necessarily represent those of Company. Accordingly, Company is not responsible for any incorrect or inaccurate Content posted on the Website and/or through the Service, whether caused by Company, any visitor of the Website (a 'Visitor'), any Member, or by any of the equipment or programming associated with or utilized in connection with the Website and/or the Service. You understand and agree that you use Content or other information obtained from the Website and/or through the Service at your own discretion and risk. Any reliance by you on Content or other information posted by Members or other third parties on the Website and/or through the Service will be at your own risk.
c. Under no circumstances will Company be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Website and/or the Service, any Content posted on the Website and/or through the Service, or any interactions between Members or Visitors, whether online or offline. Company is not responsible for the conduct, whether online or offline, of any Member or Visitor.
d. Company 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, Visitor or Member communications. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of e-mail on account of technical problems or traffic congestion on the internet, the Website, a third party's website, or a combination thereof, including but not limited to injury or damage to a Visitor's or a Member's or any other person's computer equipment related to or resulting from participating in or downloading materials in connection with the internet, the Website, the Service, or a third party's website.
e. The Website and/or the Service may contain advertisements of and links to external websites operated by parties other than Company. Such advertisements and links are provided for your reference only. Company does not control such websites and is not responsible for their contents. Company's display of advertisements for or inclusion of links to such websites does not imply any endorsement of the material or content on such websites or any association with their operators. Accordingly, you agree that Company does not endorse those advertisements or websites, is not responsible for their availability or accuracy, or for their content, advertising, products, services or other resources. You further agree that Company will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with your use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites. Your business dealings with, or participation in promotions of, advertisers found on the Website and/or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers.
f. You understand and agree that web storage or space provide by Company to its Members is intended solely for the presentation of Content authorized under this Agreement. Photographs, videos, and other Content posted by you on the Website and/or through the Service are saved for the purpose of display on the Website and not for storage or other purposes. You understand and agree that Company is not responsible for and assumes no liability for preserving, maintaining, or continuing to offer access to any Content posted by you on the Website and/or through the Service.
12. LIMITATION ON LIABILITY. IN NO EVENT SHALL COMPANY, AND ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY, AND ITS AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS AND LICENSORS ARE NOT LIABILE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED TO: (I) YOUR INABILITY TO USE THE WEBSITE AND/OR THE SERVICE OR ACCESS CONTENT THEREON; (II) REMOVAL OF, ALTERATION OF, DELETION OF, UNAUTHORIZED ACCESS TO, OR THEFT OF YOUR E-MAIL MESSAGES, CONTENT, OR OTHER INFORMATION; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY POSTED OR OTHERWISE EXPRESSED ON THE WEBSITE AND/OR THROUGH THE SERVICE; (IV) ACCESS DELAYS TO, INTERRUPTIONS TO, SUSPENSION OF, OR TERMINATION OF THE WEBSITE AND/OR THE SERVICE; (V) NON-DELIVERY, MISDELIVERY, OR CORRUPTION OF E-MAIL MESSAGES OR CONTENT; (VI) PERSONAL INJURY; (VII) PROPERTY DAMAGE; AND (VIII) THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER MEMBERS OF THE SERVICES, VISITORS OF THE WEBSITE, AND OPERATORS OF EXTERNAL SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILTY TO YOU, IF ANY, 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 COMPANY FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
13. INDEMNITY. You agree to indemnify and hold Company, its employees, subsidiaries, affiliates, officers, agents, attorneys, third-party content providers and licensors and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, relating to or arising out of your use of the Website and/or the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein, including but not limited to your posting of Content or other material that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or entity, or that defames any person, or violates their rights of privacy or publicity, or disparages any entity.
14. MANDATORY FORUM SELECTION AND CHOICE OF LAW. If there is any dispute about or in any way involving the Website and/or the Service, you unconditionally agree that such dispute shall be governed exclusively by the laws of the State of Florida without regard to the conflict of law provisions thereof. You also agree to submit to the personal jurisdiction of the State of Florida, and waive any objection thereto. Venue for any and all disputes shall be exclusively in the state and federal courts of the State of Florida, Orange County, and you agree to waive any right to challenge the convenience of the State of Florida, Orange County as an appropriate forum. You also consent to service by certified return-receipt mail or registered mail with return receipt. In the event any dispute is brought outside of the State of Florida, you agree to pay all costs and attorneys fees associated with the enforcement of this clause, irrespective of the ultimate resolution of the dispute.
15. AGENCY. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Company and any Member or Visitor.
16. U.S. EXPORT CONTROLS. Software from the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. By using the Software, you represent and warrant that you are not in violation of any such law.
17. INTEGRATION. This Agreement contains the entire agreement between you and Company regarding your use of the Website and/or the Service, and supersedes all prior oral or written understandings and agreements relating thereto.
18. WAIVER. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19. ASSIGNMENT. Company may assign its rights under this Agreement to any party without your consent. The rights under this Agreement shall inure to the benefit of Company, its successors and assigns. You may not assign, convey, or delegate your rights, duties, or obligations hereunder.
20. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
21. TRADEMARKS. DecadesILove.com and the DecadesILove logo are trademarks and/or service marks of Company, and all other trademarks, service marks and trade names used on the Website are the property of their respective owners. All such trademarks, service marks, and trade names may not be copied, downloaded, or otherwise exploited without permission of their respective owners.
22. ELECTRONIC FORM. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
23. CONTEST RULES. No purchase necessary to win. Drawings will be done by a staff member of DecadesILove.com and will be executed by randomly selecting a name from a compilation of all eligible participants; and all decisions are final. Winners will be notified within 30 days of the drawings at the e-mail address provided upon joining the Website. Odds of winning depend on number of correct entries received. Any winner notification returned as undeliverable will result in the awarding of that prize to an alternate winner. One entry per household. In the case of multiple entries, only the first entry will be accepted. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the holder of the e-mail account. All Gift Certificates will be sent via e-mail and winner will be able to redeem online via "claim/certificate code" as dictated by individual online store. DecadesILove.com reserves the right to discontinue contest activity at any time without notice.
24. PRIVACY POLICY. DecadesILove.com is a service that allows our members to set up personal profiles that can be linked together through a community of friends on our website. The DecadesILove.com community allows Members and/or visitors to the Website to meet new people, share or view user-generated content, and describe their interests. To enhance the utility of the Website and/or the Service, some personal information we ask for is collected and/or displayed to other Members and/or Visitors.
COLLECTION OF INFORMATION. DecadesILove.com collects Member-submitted personally identifiable information, such as name, e-mail address, and age, to authenticate Members and to send notifications to Members relating to the Website and/or the Service. However, a Member’s e-mail address is never shared or displayed to other Members or Visitors. Members communicate with each other through the Service without disclosing their e-mail addresses.
DecadesILove.com also collects other information for Member profiles. This information is displayed and shared with other Members and/or Visitors to facilitate interaction on the Service.
DecadesILove.com also collects aggregate Member and/or Visitor data and other information that is not personally identifiable for the general management and promotion of the Website and/or the Service, and for tracking usage to continuously improve the Website’s offerings.
In addition, DecadesILove.com logs Internet Protocol (IP) addresses from Members and Visitors for security, monitoring, and maintenance purposes. An IP address is a number that is automatically assigned to your computer whenever you access pages on the Internet. When you request a page from the Website, our servers automatically identify your computer by its IP address and log this information.
DecadesILove.com may sponsor a promotion, sweepstake or contest on the Website. You may be asked to provide personal information, including, but not limited to, your name, e-mail address, phone number, or home address, in order to participate. By entering a DecadesILove.com-related promotion, sweepstake or contest, you provide DecadesILove.com with express permission to transfer your personal information to a co-sponsor of the promotion/sweepstake/contest, including, but not limited to, an ad partner. Personal information will be used to notify the finalists and/or winners and to award prizes. DecadesILove.com and/or a co-sponsor reserve the right to publish names of contest/promotion/sweepstake winners and their cities or towns of residence to ensure transparency in the contest/promotion/sweepstake process and for promotional purposes. In addition, DecadesILove.com may transfer personal information to certain ad partners from which you have explicitly requested to receive information.
EDITING OR REMOVING INFORMATION. Members can edit or remove their profile information and other content at any time via the same means the information was originally entered. In addition, Members have the option of canceling their Membership at any time on the Website by choosing “Cancel Account” from Account Settings.
E-MAIL OPT-OUT. DecadesILove.com may use a Member's e-mail address to send updates, notices, newsletters and/or news regarding the Website and/or the Service and/or a Member's friend(s). Members may elect not to receive e-mail of this type by following the instructions contained in the e-mail or by changing their settings on the Website. However, DecadesILove.com reserves the right to send e-mail to Members at all times, regardless of their settings, to alert them of material changes to their Membership.
COMMUNICATIONS TO NON-MEMBERS. Members can invite friends to join the Service by sending invitation e-mails via our automated invitation interface. DecadesILove.com stores the e-mail addresses of invitees that a Member provides so that the invitees may be added automatically to that Member's list of friends if they join the Service, and also to send reminders of the invitations. DecadesILove.com does not sell these e-mail addresses or use them to send any other communications besides invitations and invitation reminders to join the Service.
COOKIES. A cookie is a data file that is sent to your browser and is stored on your computer's hard drive when you visit a website. DecadesILove.com uses cookies to store the preferences of Members and Visitors and to record session information and activity for a variety of purposes, including, but not limited to, helping us understand how Members and Visitors use the Website and/or the Service, and estimating our audience size. This information provides us with the opportunity to improve your DecadesILove.com experience. DecadesILove.com does not use cookies to retrieve any information from your hard drive. DecadesILove.com also allows partners, third party advertisers, and ad serving companies, which present content and advertisements on the Website and/or through the Service, to set and access their own cookies on your computer. DecadesILove.com does not have access to or control of the cookies that may be placed on your computer by third party advertisers or ad serving companies. Use of cookies by third party partners, advertisers and ad serving companies is subject to their own privacy policies, not the DecadesILove.com Privacy Policy. You can choose whether to accept cookies by changing the settings on your Internet browser. However, if you choose to disable this function, your DecadesILove.com experience may be diminished and some features may not work as they were intended.
THIRD PARTY ADVERTISING AND LINKS TO OTHER WEBSITES. DecadesILove.com, its partners, or third party advertisers or ad serving companies may deliver ads appearing on the Website and/or through the Service to Members and Visitors. In addition to or in connection with utilizing cookies on your computer, ad servers may compile information about you, including, but not limited to, where you saw their advertisements and which ads you clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to Members and Visitors. The Website and/or the Service may also contain links to websites operated by third parties. It is important to emphasize that DecadesILove.com does not control the privacy policies of advertisers and other third party websites for which DecadesILove.com provides links and advertisements. If you click through an advertisement or link to a third party's website, you will be subject to that advertiser's or third party's privacy policy, which you should review. The DecadesILove.com Privacy Policy only governs information collected on the Website and/or through the Service. DecadesILove.com does not assume responsibility or liability for any third party's policies or actions.
DISCLOSURE OF INFORMATION. Except as otherwise disclosed in this Privacy Policy, DecadesILove.com will not sell, rent, share, trade, or disclose personal information of its Members and/or Visitors to any third party unless such disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by DecadesILove.com, whether or not a response is required by applicable law; (2) to investigate violations of and enforce our Terms of Use Agreement or to otherwise protect our rights; or (3) to protect the safety of Members or other persons or entities.
DecadesILove.com reserves the right to transfer personal information about Members and/or Visitors to a successor-in-interest or assignee that acquires rights to that information as a result of the sale, merger, acquisition, or reorganization of DecadesILove.com.
DecadesILove.com also reserves the right to collect, use and supply to third parties aggregated Member and/or Visitor data (independent of any personally identifying information), traffic patterns and analytics regarding the Website and/or the Service for research and commercial purposes, including, but not limited to, describing DecadesILove.com's Service, Members, and Visitors to partners, prospective partners, advertisers, and other third parties. This data is pooled and stripped of personally identifying information and cannot be traced to you specifically.
POSTING INFORMATION. Whenever a Member posts or discloses personal information on the Website and/or through the Service, that information can be accessed and collected by third parties. In turn, this information can be used by third parties to send Members unsolicited communications or advertisements. DecadesILove.com does not control the actions of Members or Visitors. Your disclosure of personal information on the Website and/or through the Service is done at your own risk. Accordingly, you should be careful and vigilant when disclosing any personal information on the Website and/or through the Service (which is subject to content restrictions described in our Terms of Use Agreement).
SECURITY. Member accounts are secured by Member-created passwords. DecadesILove.com uses reasonable measures to protect the privacy of Member account information that is stored within the DecadesILove.com database, and DecadesILove.com restricts access to Member information to those employees who need access to such information to perform their job functions, such as DecadesILove.com's customer service personnel and technical staff. Please note that DecadesILove.com cannot guarantee the security of Member account information. Unauthorized entry or use of the Website and/or the Service, hardware or software failure, and other factors may compromise the security of Member information at any time. In addition, transmissions over the Internet cannot be made absolutely secure. It may be possible for third parties to intercept and access private information you transmit through the Service. Any such transmission is done at your own risk. DecadesILove.com does not assume any liability for disclosure of personal information or other data, including, without limitation, any disclosure resulting from errors in transmission, unauthorized entry or use of the Website and/or the Service, or hardware or software failure.
CHILDREN'S POLICY. DecadesILove.com is intended solely for use by persons thirteen (13) years of age or older. All persons under 13 years of age are prohibited from registering on the Service or using the Website. If we learn that we have inadvertently collected personally identifying information from a child under the age of 13, such as full name, home address, e-mail address, telephone number or any other information that would allow someone to identify or contact the child, we will promptly delete that data from our systems.
AMENDMENTS TO THE DECADESILOVE.COM PRIVACY POLICY. DecadesILove.com reserves the right to amend this Privacy Policy at any time without prior notice. DecadesILove.com will post on the Website any amendments to this Privacy Policy so that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Such amendments will be effective immediately upon the posting thereof. Your continued use of the Website and/or the Service following posting of such amendments will constitute your acceptance of those changes, provided, however, that if DecadesILove.com plans to use your personally identifiable information in a manner materially different from that stated at the time of collection, DecadesILove.com will notify you via e-mail or by placing a prominent notice on the Website for 30 days.
ACCEPTANCE OF THE DECADESILOVE.COM PRIVACY POLICY. By registering as a Member of the Service and/or using the Website, you signify your acceptance of this Privacy Policy. If you do not agree with any part of this Privacy Policy, you should no longer use the Website and/or the Service.
QUESTIONS REGARDING THE DECADESILOVE.COM PRIVACY POLICY. Any questions about this Privacy Policy, the practices of DecadesILove.com, or your dealings with DecadesILove.com may be addressed by e-mailing us via the CONTACT US form.
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