CupidFish.com is a social networking
service that allows members to create unique personal profiles online
in order to find and communicate with old and new friends. The service
is operated by CupidFish.com Company and referred to as CupidFish in
this agreement. By using the CupidFish Website you agree to be bound
by these Terms of Use (this "Agreement"), whether or not you
register as a member ("Member"). If you wish to become a Member,
communicate with other Members and make use of the CupidFish services
(the "Service"), please read this Agreement and indicate your
acceptance by following the instructions in the Registration process.
This Agreement sets out the
legally binding terms for your use of the Website and your Membership
in the Service. CupidFish may modify this Agreement from time to time
and such modification shall be effective upon posting by CupidFish on
the Website. You agree to be bound to any changes to this Agreement
when you use the Service after any such modification is posted. This
Agreement includes CupidFish's policy for acceptable use and content
posted on the Website, your rights, obligations and restrictions regarding
your use of the Website and the Service and CupidFish's Privacy Policy.
Please choose carefully the
information you post on CupidFish and that you provide to other Members.
Any photographs posted by you may not contain nudity, violence, or offensive
subject matter. Information provided by other CupidFish Members (for
instance, in their Profile) may contain inaccurate, inappropriate or
offensive material, products or services and CupidFish assumes no responsibility
nor liability for this material.
CupidFish reserves the right,
in its sole discretion, to reject, refuse to post or remove any posting
(including email) by you, or to restrict, suspend, or terminate your
access to all or any part of the Website and/or Services at any time,
for any or no reason, with or without prior notice, and without liability.
By participating in any offline
CupidFish event, you agree to release and hold CupidFish harmless from
any and all losses, damages, rights, claims, and actions of any kind
including, without limitation, personal injuries, death, and property
damage, either directly or indirectly related to or arising from your
participation in any such offline CupidFish event.
Terms of Use
1) Eligibility.
Membership in the service where
void is prohibited. By using the Website and the Service, you represent
and warrant that all registration information you submit is truthful
and accurate and that you agree to maintain the accuracy of such information.
You further represent and warrant that you are 18 years of age or older
and that your use of the CupidFish shall not violate any applicable
law or regulation. Your profile may be deleted without warning, if it
is found that you are misrepresenting your age. Your Membership is solely
for your personal use, and you shall not authorize others to use your
account, including your profile or email address. You are solely responsible
for all Content published or displayed through your account, including
any email messages, and for your interactions with other members.
2) Term/Fees.
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. CupidFish
may terminate your membership for any reason, effective upon sending
notice to you at the email address you provide in your Membership application
or other email address as you may subsequently provide to CupidFish.
By using the Service and by becoming a Member, you acknowledge that
CupidFish reserves the right to charge for the Service and has the right
to terminate a Member's Membership. Member should breach this Agreement
or fail to pay for the Service, as required by this Agreement.
3) Non Commercial Use by Members.
The Website 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 or approved by
the management of CupidFish. Illegal and/or unauthorized use of the
Website, including collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Website will be investigated.
Commercial advertisements, affiliate links, and other forms of solicitation
may be removed from member profiles without notice and may result in
termination of membership privileges. Appropriate legal action will
be taken by CupidFish for any illegal or unauthorized use of the Website.
4) Proprietary Rights in Content
on CupidFish.
CupidFish owns and retains all proprietary rights in the website and the Service. CupidFish.com filed for a Copyright © CupidFish.com in September 2008. The Website contains copyrighted material, trademarks, and other proprietary information of CupidFish.com Company 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 or use the ™ Cupid Logo® .
5) Content Posted on the Site.
a. You understand and agree
that CupidFish may review and delete any content, messages, CupidFish
Messenger messages, photos or profiles (collectively, "Content")
that in the sole judgment of CupidFish violate this Agreement or which
may be offensive, illegal or violate the rights, harm, or threaten the
safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to
the public areas of the Website, you hereby grant to CupidFish the non-exclusive,
fully paid, worldwide license to use, publicly perform and display such
Content on the Website. This license will terminate at the time you
remove such Content from the Website.
d. The following is a partial
list of the kind of Content that is illegal or prohibited on the Website.
CupidFish 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. Prohibited
Content includes Content that:
i. is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
ii. harasses or advocates harassment
of another person;
iii. Involves the transmission
of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
iv. promotes information that
you know is false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized
copy 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 music
or links to pirated music files;
vi. contains restricted or
password only access pages or hidden pages or images (those not linked
to or from another accessible page);
vii. provides material that
exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
viii. provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses;
ix. solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users;
or x. involves commercial activities
and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although CupidFish 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, CupidFish reserves the right
to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which CupidFish deems appropriate
in its sole discretion.
g. You may not cover or obscure
the banner advertisements on your personal profile page, or any CupidFish
page via HTML/CSS or any other means.
h. Any automated use of the
system, such as using scripts to add friends, is prohibited.
i. You may not attempt to
impersonate another user or person who is not a member of CupidFish.
j. You may not use the account,
username, or password of another Member at any time nor may you disclose
your password to any third party or permit any third party to access
your account.
k. You may not sell or otherwise
transfer your profile.
6) 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. It is the policy of CupidFish
to terminate membership privileges of any member who repeatedly infringes
copyright upon prompt notification to CupidFish by the copyright owner
or the copyright owner's legal agent. 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; 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. CupidFish's Copyright Agent for notice of claims of
copyright infringement can be reached via email address.
7) Member Disputes.
You are solely responsible
for your interactions with other CupidFish Members. CupidFish reserves
the right, but has no obligation, to monitor disputes between you and
other Members.
8) Disclaimers.
CupidFish is not responsible
for any incorrect or inaccurate Content posted on the Website or in
connection with the Service provided, whether caused by users of the
Website, Members or by any of the equipment or programming associated
with or utilized in the Service. CupidFish is not responsible for the
conduct, whether online or offline, of any user of the Website or Member
of the Service. CupidFish 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, any user or Member communication. CupidFish 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 any email or players due to technical
problems or traffic congestion on the Internet or at any Website or
combination thereof, including any injury or damage to users and/or
Members or to any person's computer related to or resulting from participation
or downloading materials in connection with the Website and/or in connection
with the Service. Under no circumstances shall CupidFish be responsible
for any loss or damage, including personal injury or death, resulting
from use of the Website or the Service or from 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 CupidFish expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. CupidFish
cannot guarantee and does not promise any specific results from use
of the Website and/or the Service.
9) Limitation on Liability.
IN NO EVENT SHALL CupidFish
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF
CupidFish HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, CupidFish.S LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO CupidFish
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
10) Disputes.
If there is any dispute about
or involving the Website and/or the Service, by using the Website, you
agree that any dispute shall be governed by the laws of the area in
which we are based without regard to conflict of law provisions and
you agree to personal jurisdiction by and venue in the area in which
we are based.
11) Indemnity.
You agree to indemnify and
hold CupidFish, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability, claim,
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of 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 above.
12) Other.
This Agreement is accepted
upon your use of the Website and is further affirmed by you becoming
a Member of the Service. This Agreement constitutes the entire agreement
between you and CupidFish regarding the use of the Website and/or the
Service. The failure of CupidFish to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. Please contact us cupidfish@gmail.com
with any questions regarding this Agreement. CupidFish and Cupidfish.com
is Copyright © CupidFish.com in September 2008.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
