Terms of Service
a. Electronic Signature. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by MentalHealthDating from time to time, such modifications to be effective upon posting by MentalHealthDating on the Website.
b. Electronic Form. When you check on the 'I Accept' box on this Agreement, you also consent to have this Agreement provided to you in electronic form.
2. Eligibility. You must be at least eighteen (18) years of age to register as a member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Membership and Subscription; Pricing. You may become a Member of the Service at no cost. As a free Member, you will have the ability to participate in all of the features and services available within the Service.
4. Non-commercial Use by Members. The Website is only for the personal use of individual Members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of MentalHealthDating, which may be revoked at any time, for any reason, in MentalHealthDating sole and absolute discretion.
5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify MentalHealthDating of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MentalHealthDating will not be liable for any loss or damage arising from your failure to comply with these provisions. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
6. You are solely responsible for your interactions with other Members. You understand that MentalHealthDating does not in any way screen its Members, nor does MentalHealthDating inquire into the backgrounds of its Members or attempt to verify the statements of its Members. MentalHealthDating makes no representation or warranty as to the conduct of its Members or their compatibility with any current or future Members. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that MentalHealthDating makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
7. Limitation on Liability. In no event shall MentalHealthDating be liable for any attorneys' fees or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, breach of contract, or any other claim of any type or nature resulting from your use, communications or meetings with other registered users of the Service or persons you may meet through the Service.
8. Content on MentalHealthDating.
Proprietary Rights. MentalHealthDating owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of MentalHealthDating, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
9. Content Posted by You on MentalHealthDating.
a. You are solely responsible for the Content that you publish or display (hereinafter, 'post') on the Service, or transmit to other Members. You agree not to post on the Service, or transmit to other Members, 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 agree not to provide inaccurate, misleading or false information to the Company or to any other Member. If information you provided to MentalHealthDating or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify MentalHealthDating of such change.
b. You understand and agree that MentalHealthDating may review and delete any content, messages, double-blind emails, photos or profiles (collectively, 'Content') that in the sole judgment of MentalHealthDating violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of Members.
c. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to MentalHealthDating, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by MentalHealthDating will not infringe or violate the rights of any third party.
d. The following is a partial list of the types of Content that are illegal or prohibited on the Website. MentalHealthDating reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
* is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing or 'spamming';
* promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* promotes the illegal or unauthorized duplication of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating any person's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
* promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although MentalHealthDating cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation.
h. All information you include in your Member profile must be accurate, current and complete.
10. Prohibited Activities. MentalHealthDating reserves the right 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 list of the types of actions that you may not engage in with respect to the Service:
* You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
* You may not 'stalk' or otherwise harass any person.
* You may not express or imply that any statements you make are endorsed by MentalHealthDating without our specific prior written consent.
* You may 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 may 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 may not remove any copyright, trademark or other proprietary rights notices contained in the Service.
* You may not interfere with or disrupt the Services or the Website or the servers or the computer networks connected to the Services or the Website.
* You may 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 may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
* You may not 'frame' or 'mirror' any part of the Service or the Website, without MentalHealthDating prior written authorization. You also may not use meta tags or code or other devices containing any reference to MentalHealthDating or the Service or the site in order to direct any person to any other web site for any purpose.
* You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service. MentalHealthDating provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time improper, we reserve the right to immediately terminate your membership.
12. Modifications to Service. MentalHealthDating reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MentalHealthDating shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
13. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 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. MentalHealthDating Copyright Agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org .
14. Member Disputes. You are solely responsible for your interactions with other MentalHealthDating Members. MentalHealthDating reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Disclaimers. MentalHealthDating is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by MentalHealthDating , users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. MentalHealthDating is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MentalHealthDating 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. MentalHealthDating 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 Internet and/or in connection with the Service. Under no circumstances will MentalHealthDating or any of its affiliates, advertisers, promoters or distribution partners 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. The Website and the Service are provided 'AS-IS' and MentalHealthDating expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MentalHealthDating cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
17. Links. The Service may provide, or third parties may provide, links to other Internet sites or resources. Because MentalHealthDating has no control over such sites and resources, you acknowledge and agree that MentalHealthDating is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MentalHealthDating shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
18. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will MentalHealthDating be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if MentalHealthDating has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MentalHealthDating 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 MentalHealthDating for the Service during the term of membership.
19. Jurisdiction and Choice of Law. By using the Website, you expressly agree that if there is any dispute arising out of the Website and/or the Service, any such dispute shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Ohio, in Cuyahoga County, Ohio for the resolution of any such dispute.
20. Indemnity by You. You agree to defend, indemnify and hold MentalHealthDating , its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other party due to or arising out of your use of the Service in breach of this Agreement and/or arising from a breach of this Agreement by you and/or any breach of your representations and warranties set forth above.
21. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
22. Dating Service Statutes. This Agreement and the Website are intended to comply with all State and federal laws governing dating services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control.
23. Other. This Agreement, accepted upon checking the 'I Accept' box at the end of this Agreement or by using or becoming a Member of the Service, contains the entire agreement between you and MentalHealthDating regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.