Welcome to ActiveAttractions.com,
the service for adults to meet each other
online operated by ActiveAttractions.com,
L.P. ("ActiveAttractions.com").
By using the ActiveAttractions.com Website
(the "Website") you agree to
be bound by theseTerms of Use (this "Agreement"),
whether or not you register as a member
("Member"). If you wish to become
a Member and
communicate with other Members and make
use of the ActiveAttractions.com service
(the "Service"), read these
Terms of Use and indicate your acceptance
of them by following the instructions
in the Registration process.
This Agreement sets out the legally binding
terms of your use of the Website and your
membership in the Service and may be modified
by ActiveAttractions.com from time to
time, such modifications to be effective
upon posting by ActiveAttractions.com
on the Website. This Agreement includes
ActiveAttractions.com's Acceptable Use
Policy for Content Posted on the Website,
ActiveAttractions.com's Privacy Policy,
and any notices regarding the Website.
You may also receive a copy of this Agreement
by emailing us at: customercare@ActiveAttractions.com,
Subject: Terms of Use Agreement.
Eligibility. You
must be eighteen or over to register
as a member of ActiveAttractions.com
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.
Term. This Agreement
will remain in full force and effect
while you use the Website and/or are
a Member. You may terminate your membership
at any time, for any reason by following
the instructions on the Resign pages
in Account Settings, or upon receipt
by ActiveAttractions.com of your written
or email notice of termination. ActiveAttractions.com
may terminate your membership for any
reason, effective upon sending notice
to you at the email address you provide
in your application for membership,
or such other email address as you may
later provide to ActiveAttractions.com.
If ActiveAttractions.com terminates
your membership in the Service because
you have breached the Agreement, you
will not be entitled to any refund of
unused subscription fees. Even after
membership is terminated, this Agreement
will remain in effect. Even after this
Agreement is terminated, certain provisions
will remain in effect, including sections
4, 5, 7 and 9-14 of this Agreement.
Non Commercial Use
by Members. The Website is for the personal
use of individual Members only and may
not be used in connection with any commercial
endeavors. Organizations, companies,
and/or businesses may not become Members
and should
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 will be investigated,
and appropriate legal action will be
taken, including without limitation,
civil, criminal, and injunctive redress.
Proprietary Rights
in Content on ActiveAttractions.com.
ActiveAttractions.com owns and retains
all proprietary rights in the Website
and the Service. The Website contains
the copyrighted material, trademarks,
and other proprietary information of
ActiveAttractions.com, 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.
Content Posted on the Site.
a.
You understand and agree that ActiveAttractions.com
may review and delete any content, messages,
ActiveAttractions.com Messenger messages,
photos or profiles (collectively, "Content")
that in the sole judgment of ActiveAttractions.com
violate
this Agreement or which might be offensive,
illegal, or that might violate the rights,
harm, or threaten the safety of Members.
b.
You are solely responsible for the Content
that you publish or display (hereinafter,
"post") on the Service, or transmit
to other Members.
c.
By posting Content to any public area
of ActiveAttractions.com, you automatically
grant, and you represent and warrant that
you have the right to grant, to ActiveAttractions.com
an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use,
copy, perform, display, 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.
d.
The following is a partial list of the
kind of Content that is illegal or prohibited
on the Website. ActiveAttractions.com
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 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 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; 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 18; provides instructional
information about illegal activities such
as making or buying illegal weapons, violating
someone’s privacy, or providing
or creating computer viruses; solicits
passwords or personal identifying information
for commercial or unlawful purposes from
other users; and engages in commercial
activities and/or sales without our prior
written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e.
You must use the Service in a manner consistent
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. You may not transmit any
chain letters or junk email to other Members.
Although ActiveAttractions.com 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,
ActiveAttractions.com 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 ActiveAttractions.com
deems appropriate in its sole discretion.
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; 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. ActiveAttractions.com’s
Copyright Agent for notice of claims
of copyright infringement can be reached
as follows: General Counsel, ActiveAttractions.com
c/o Ticketmaster 3701 Wilshire Blvd.;
Los Angeles, CA 90010.
Subscription. If
you sign up for multiple subscriptions
to ActiveAttractions.com, you will be
limited to only one instance of ActiveAttractions.com
Messenger, regardless of the number
of subscribing accounts you may have
with us.
Member Disputes.
You are solely responsible for your
interactions with other ActiveAttractions.com
Members. ActiveAttractions.com, Inc.
reserves the right, but has no obligation,
to monitor disputes between you and
other Members.
Privacy. Use of the
Website and/or the Service is also governed
by our Privacy Policy.
Disclaimers. ActiveAttractions.com
is not responsible for any incorrect
or inaccurate Content posted on the
Website or in connection with the Service,
whether caused by users of the Website,
Members or by any of the equipment or
programming associated with or utilized
in the Service. ActiveAttractions.com
is not responsible for the conduct,
whether online or offline, of any user
of the Website or Member of the Service.
ActiveAttractions.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. ActiveAttractions.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 ActiveAttractions.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,
ActiveAttractions.com 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 Web site or the Service,
even if ActiveAttractions.com has been
advised of the possibility of such damages.
Notwithstanding anything to the contrary
contained herein, ActiveAttractions.com’s
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 ActiveAttractions.com
for the Service during the term of membership.
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, Iraq, 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.
Disputes. If there
is any dispute about or involving the
Website and/or the Service, by using
the Website, you agree that the dispute
will be governed by the laws of the
State of California 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 California,
City of Los Angeles. other partners
and employees, harmless from any loss,
liability, claim, or demand, including
reasonable attorney's 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.
Other. This Agreement,
accepted upon use of the Website and
further affirmed by becoming a Member
of the Service, contains the entire
agreement between you and ActiveAttractions.com
regarding the use of the Website and/or
the Service. If any provision of this
Agreement is held invalid, the remainder
of this Agreement shall continue in
full force and effect.
Please contact us with
any questions regarding this agreement.
ActiveAttractions.com is a trademark of
ActiveAttractions.com, L.P.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.
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