TERMS OF USE
Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Bloggers Policy, our Privacy Policy, and other notices and agreements posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Bloggers Policy, our Privacy Policy, and other notices and agreements posted on this website. If you
do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.
Smartset Online Ltd., or www.smartsetsingles.com ("We" or "Us"), shall have the right, at its sole discretion, to modify, add or remove any provisions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.
IN USING THIS WEBSITE AND UPLOADING INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 18 YEARS OF AGE OR OLDER. VISITORS TO THIS WEBSITE UNDER THE AGE OF 18 MAY NOT REGISTER OR OTHERWISE MAKE USE OF THIS WEBSITE.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER WE DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS OF USE.
Use of Website
We authorize you to view and access a single copy of the content available on or from www.smartsetsingles.com (the "Website") solely for your use.
Your Conduct
This Website may be used only for lawful purposes relating to meeting singles and other related activities. We specifically prohibit any use of the Website, and all users agree not to use the Website, for any purposes other than designated by US, including but not limited to:
The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search
engine and search agents available from We and other generally available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing
of or linking to any of the Website content or information available from this Website.
Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and consolidation.
Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that We creates to generate any Website content or the pages making up this Website.
Infringing the intellectual property rights of others in any way.
Making any unauthorized commercial use of this Website.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mail
bombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
User Information
You are solely responsible for the data and information that you input or upload to the Website. We reserve the right in our
sole discretion to decide whether content or a user submission are appropriate and complies with these Terms of Use and other of our Website policies.
When you register for the Website, you will be asked to provide Us with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any Privacy Policy on this Website, you understand and agree that We may disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. We will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by US or by third parties. Please see our Privacy Statement for further details regarding your Information.
User Submissions
We expect that you will use caution and common sense when using this Website.
We act as a passive conduit for meeting singles and other related activities, and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications that allegedly do not conform to these Terms of Use, We may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.
We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We do not represent or guarantee the truthfulness, accuracy, or reliability of communications or uploaded files and information posted by users, does not endorse communications or uploaded files and information posted by users, and has no liability or responsibility for any user submissions. You acknowledge that any reliance on material posted by other users will be at your own risk.
We are not involved in the actual transaction between visitors. As a result, We have no control over the quality and safety or legality of postings or information uploaded to the website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and We have no responsibility or liability for any transactions, online or offline, between you and any third party.
Because user authentication on the Internet is difficult, We cannot and do not confirm that each user is who they claim to be.
We do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website; consequently in the event that you have a dispute with one or more users, you release US (and our agents, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
All users who upload files or information warrant and represent that they own or otherwise control the copyrights and usage to all of such files and information and warrant and represent that they have the right and authority to grant the rights given to US according to these Terms of Use and the purpose of the Website, and that our exercise of these rights will not violate the rights of any third party. You also warrant and represent that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly, and has irrevocably granted to you the right to grant the license described in these Terms of Use. The user agrees to defend, indemnify and hold Us, our directors, employees, agents, representatives, and assigns, harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney's fees, arising out of the use of the uploaded files and information.
By submitting files and information to any public or non-public area of this Website, you grant US the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the files and information (in whole or in part) worldwide for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content. Subject to the
foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
Customer Comments
We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of US. None of the Submissions shall be subject to any obligation of confidence on our part and We shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify US of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following
information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A
statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Intellectual Property
"Smartset Online Ltd.", "Smartset Singles", and any other trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of US, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
This site (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of US and is protected by copyright laws of Australia and other countries. We reserve any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other website or in a networked computer environment for any purpose is prohibited.
Links
This web site may contain links to other sites and banner ads that take a visitor to another website. Please be aware that We
are not responsible for the content or terms of us of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements.
DISCLAIMERS
WE DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.
WE TAKE NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE FILES AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR ARE WE RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THOURGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND OUR CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND INFORMATION TRANSFERRED TO THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE OR ANY OF OUR SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL WE, OUR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF OUR WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO OUR WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. WE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST
YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE
DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
Breach of Agreement
We reserve the right, at our sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this Website, and/or any other service
provided to you by US, upon any breach by you of these Terms of Use, or if We is unable to verify or authenticate any information you submit to the Website. Upon such action undertaken by We, We in its sole discretion, may, among its other legal remedies, retain any unused membership fees.
Additional Terms and Conditions
These Terms of Use, the Website's Privacy Statements, and other relevant documents and agreements constitute the entire agreement between you and We with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page.
We make no claims that the Website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access the Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, We do not provide or make any undertaking as to the quality or nature of any of the products or services purchased or obtained through this Website, or any other representation, warranty or guaranty.
These Terms of Use shall be governed by and construed in accordance with the laws of the Australia applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in Australia in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
These Terms of Use are accepted upon your use of the Website.
