Romantic Chemistry / Terms and Conditions of Service
This online dating service is a way for adults to meet each other (the "Service"). The Service is provided by eChemistry.com, a Delaware Corporation, whose principal office is located in Tampa, Florida in the United States of America ("eChemistry", "eChemistry.com", "eChemistry.com, Inc.", "the Company").
This legal agreement is made between You and the Company ("Agreement"). Please read the Agreement carefully before registering for the Service. By registering for the Service, you become an eChemistry member (a "Member"), and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree with the terms and conditions of this ageement, please do not register for the service. The terms and conditions of this agreement are subject to changes made by us, at any time, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of this agreement on the service.
In these conditions the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;
"We, Us, Our" means eChemistry.com, Inc.
"You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.
Eligibility: minors and married individuals may not become members. By becoming a Member, you represent, warrant and certify that you are at least 18 years old. You further represent, warrant and certify that you are not legally married. You further represent, warrant and certify that you have not been convicted of a felony crime, if such a representation is required by your local law. By using this Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer your account to any other person or entity. Membership in the service is void where prohibited. The Website is for the personal use of individual Members only and may not be used in connection with commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose unless a specific prior written signed agreement is made with eChemistry.com, Inc for contractual work such as matchmaking a social group or personality testing applications for a business.
Registration and subscription:Although You may register as a Member of the Service for free, if You wish to use the Service to initiate most communication with other members and use certain other parts of the Service, You must become a subscriber and pay the fees that are set out in Our price list. This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees. You further acknowledge that if Your Registration Data regarding your marital status or criminal history is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to prosecute you in criminal court at your expense.
Term and termination:
Proprietary rights:You represent and warrant to Us that the information posted in Your profile including Your photograph are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to Us, with full title guarantee, all copyright in Your profile and your photographs posted, at any time, in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author of Your profile and owner of Your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Your use of the service:As a Member, You agree that:
- You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information in the Confidential Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. To protect Our members against such conduct, We currently impose a message-per-day limit on subscribers. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
- You are solely responsible for the content or information You publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
- Email communications sent from Us or through Us are designed to make your online personals experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, match notification emails, "Your Match" emails, Newsletter emails, emails informing you about events and parties We organize, emails informing You of promotions We run, emails informing You of changes to the Service and any other general communication emails sent by Us. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
- You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months).
- Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the phone or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.
- You understand and agree that eChemistry.com may review and delete any content, messages, instant messages, photos or profiles that in Our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for all of your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
- You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
- You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
- Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- By using eChemistry.com, you agree to allow us to anonymously use the information from you and your experiences through eChemistry.com to continue our research into successful relationships. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personal identifying information will ever be published. You can find out more about the standards we follow in conducting scientific research at the following site: http://www.hhs.gov/ohrp/humansubjects/guidance/belmont.htm.
We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
- You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
- You will not advertise, solicit or promote any commercial venture or in any other commercial way distribute information on the site.
- You will not solicit passwords or personally identifying information for any commercial or unlawful purposes from other users.
- You will not create more than one profile with the Service.
Indemnity by member:You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
I Your breach of this Agreement; II any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or III Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online content:Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and we neither adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances are be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to members.
We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. We shall have the right to remove any such material that, in our sole discretion, violates, or is alleged to violate, the law or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post in the public areas of the service and in your private email messages. Emails sent between you and other members that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
We provide the service on an "as is" basis and grant no warranties of any kind, expressed, implied, statutory, in any communication with our representatives, or us or otherwise with respect to the service. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Further, we do not warrant that your use of the service will be secure, uninterrupted, always available or error-free or that the service will meet your requirements or that any defects in the service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement and no background check to verify such information is implied by Our request for such information from users. We cannot guarantee that each member is not married and does not have a criminal history, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons who are married in violation of this Agreement and no background check to verify such information is implied by Our request for such information from users. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others.
We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the service or otherwise.
eChemistry.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. eChemistry.com 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, user or Member communications. eChemistry.com 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 any Website or combination thereof, 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 Web and/or in connection with the Service. Under no circumstances will eChemistry.com 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.
Limitation of liability:
In no event will we be liable to you or any person other than you for any incidental, consequential, exemplary, special, punative, compensatory, general or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services, service interruptions or lost profits) arising out of the use of or inability to use the service, even if we or our agents or representatives know or have been advised of the possibility or concrete existance of such damages. In no event will we be liable to you or any person other than you for any incidental, consequential, exemplary, special, punative, compensatory, general or indirect damages resulting from communications or meetings with other registered users of this service or persons introduced to you by this service. notwithstanding anything to the contrary contained herein, our aggregate 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 us for the service during the term of your membership.
We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service, including, without limitation, damages arising out of communicating and/or meeting with other members of the service, or individuals introduced to you via the service. Such damages include, without limitation, physical damages, bodily injury, emotional distress and discomfort, death and any other damages of any kind. notwithstanding anything to the contrary contained herein, our aggregate 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 us for the service during the term of membership.
Other:If any provision of this Agreement, even as small as a portion of a sentence, is held invalid, the remainder of this Agreement shall continue in full force and effect. The terms of this agreement will survive termination of the use of the Service.
U.S. export controls:Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Complaints:To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us.
Dispute resolution:This Agreement is governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.