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Themeetingplace.com.au Personals Service Agreement
This is a legal agreement ("Agreement") between
you and “The Meeting Place”. (the "Owner"),
which will apply to you in respect of any and all services
offered by or acquired from the themeetingplace.com.au web
site (the "Site") located at themeetingplace.com.au
(the "Service"). Upon successful registration, you
become a member of the Service (a "Member"), and
you agree to be bound by all of the terms and conditions of
this agreement (the "Terms") for as long as you
remain a Member, in addition to our Email, Acceptable Usage,
Privacy and other terms and conditions posted on the Site
from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU
MAY NOT PROCEED TO REGISTER TO BECOME A MEMBER OF THE SERVICE.
THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!!!
The Owner or You may terminate this agreement at any time,
for any reason whatsoever, effective upon sending written
notice to the other party. If you send a notice of termination,
your membership shall concurrently terminate, without an obligation
to make a payment, rebate or refund on the part of the Owner.
The Owner does however reserve the right to suspend or terminate
your membership at any time, without notice, if you breach
this Agreement or any other terms and conditions posted on
the Site from time to time.
The Owner assumes no responsibility whatsoever for your use
of the Service. It is for your sole, personal use and you
may not distribute your user name and password allowing others
to use the service through your membership. Use of the service
is strictly prohibited to minors or any person under the age
of 18, regardless of whether you have parental consent.
As a member, you agree that:
· You will only use the Service in a manner that is
accepted and legal according to all applicable laws and regulations.
· You will adhere to our email and acceptable use policies
and all other terms and conditions relating to your usage
of the Services in respect of the Site, and will not transmit
chain letters, junk messages, advertisements or any type of
solicitation whatsoever of any products or services to any
other Members of the Service.
· You will not in any way copy, modify, publish, transmit,
display, sell, distribute or reproduce copyrighted material,
trademarks or other protected proprietary information without
the express written consent of the owner of such materials.
· By posting information or content to any public area
of the Service, you automatically grant, and you represent
and warrant that you have the right to grant the Owner and
other Members 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.
· Your use of the service is strictly at your own risk
and you are solely responsible for your contact, whether it
be written, verbal or in person, with any other Member of
the Service. The Owner and its officers, directors, employees,
agents, affiliates and third parties assume no responsibility
whatsoever for harm that may come to you as a result of your
contact (of any form) with any other Member of the Service
(including but not limited to emotional, verbal and physical
abuse or assault)
· You will not communicate, publish or display to any
other Member any form of defamatory, slanderous, offensive,
inaccurate, abusive, profane, obscene, sexually offensive,
threatening, harassing, racial, or illegal material, including
but not limited to nude photos of yourself or others, pornographic
photos or images and any other type of unlawful or unacceptable
material, as decided by the Owner. The Owner reserves the
right to remove any such material from the Service without
notice.
· You will not engage in, and the Owner is not be responsible
for, any form of harassment, offensive or abusive behaviour
of any kind whatsoever that may be harmful to any other Member
of the Service (including but not limited to physical and
emotional damage).
· You will not use the Site, Services or your profile
for any purpose other than to seek other persons for meeting,
friendship or dating; the Service and profiles shall not be
used for any commercial purpose whatsoever (including but
not limited to escorts, commercial or non-dating solicitations,
or otherwise). Organizations, companies, and/or businesses
may not become members and should not use the Service or the
Site for any purpose. Illegal and/or unauthorized uses of
the Site, including collecting usernames and/or email addresses
of members by electronic or other means for the purpose of
sending unsolicited email, forwarding commercial or other
offers to other Members by this Site or by email or other
means external to the Site, and unauthorized framing of or
linking to the Site will be investigated, and appropriate
legal action will be taken, including without limitation,
civil, criminal, and injunctive redress.
· In order to protect our Members from improper advertising
or solicitation, and to maintain usage integrity on the Site,
we reserve the right to restrict access by all Members to
all or certain elements of the Service on a per-action basis
(including messaging, phone, or otherwise), such levels to
be determined in our sole discretion from time to time, whether
determined in respect of a 24 period or otherwise.
· You will not include any contact information or identifying
content of yourself or another person in your profile.
· You agree we reserve the right change any of the
terms, rights, obligations, privileges or institute new charges
for access to or continued use of Services at any time, with
or without providing such notice as the Site may determine
appropriate. All changes will be posted online or may be emailed
to you at the Owner's discretion, and you are responsible
for reviewing the information and terms of usage as may be
posted regularly to obtain timely notice of such changes.
Continued use of the Services or non-termination of your membership
after changes are posted or emailed constitutes your acceptance
or deemed acceptance of the terms as modified, regardless
of whether the notice or email was successfully received,
read, or lost during transmission
You will defend, indemnify, and hold harmless the Owner as
the provider of the Site infrastructure, their officers, directors,
employees, agents, affiliates and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney's
fees on a solicitor and his own client basis) relating to
or arising out of your use of the Site or Service, including
any breach by you of the Terms of this Agreement and our Email,
Acceptable Usage, Privacy and other terms and conditions posted
on the Site from time to time.
Please note you may be involuntarily exposed to offensive
or obscene materials on the Service that may have been posted
by Members, hackers or unauthorized users from time to time.
Please note that it is possible for others to obtain your
personal information and use it to engage in an action that
may be harmful to you or injure you. The Owner is not responsible
for the use of any personal information that you choose to
display, publish or distribute to other Members.
THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION, WHETHER
ON THE BASIS OF COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR
ANY MESSAGING OR OTHER ACTIVITY AND THE MATERIALS POSTED IN
THE PUBLIC AREAS OF THE SERVICE, AND TO REVIEW USAGE, ACTIVITY
OR THE CONTENT OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES
WHICH ARE OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE SERVICE.
THE OWNER SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REMOVE
ANY MATERIAL OR PROFILES, REGARDLESS OF WHETHER THE OWNER
DETERMINES THAT SUCH MATERIALS OR PROFILES VIOLATE, OR ARE
ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE
TO MONITOR, CONTROL OR EDIT ANY COMMUNICATIONS BETWEEN ITS
USERS, AND SUCH COMMUNICATIONS MAY BE OFFENSIVE TO YOU. YOU
ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE
USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES,
PRODUCTS, COMMUNICATIONS, AND OTHER INFORMATION. ALL COMMUNICATIONS
BETWEEN USERS ARE AT THE USER'S SOLE CONTROL AND RISK.
IN NO EVENT WILL THE OWNER, ITS AFFILIATES BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES
COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS
OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT
OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT
OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER,
REC OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY
REC, ITS AFFILIATES, OR THE OWNER 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 FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL THE OWNER OR ITS AFFILIATES BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE
OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER
REC, ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE,
AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER, REC,
ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT
TO THE SERVICE. REC, ITS AFFILIATES AND THE OWNER SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER REC,
ITS AFFILIATES NOR THE OWNER WARRANT THAT YOUR USE OF THE
SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR
ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS
IN THE SERVICE WILL BE CORRECTED.
THE OWNER OR ITS AFFILIATES DISCLAIM ALL LIABILITY, REGARDLESS
OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER
MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS")
OF THE SITE OR SERVICE.
Certain jurisdictions limit the applicability of warranty
disclaimers and limitations of liability so the above disclaimers
of warranty and limitations of liability may not apply to
you.
This Agreement as construed between the Owner and you is governed
under the laws of the jurisdiction of incorporation of the
Owner, regardless of conflicts of law principles. However,
this Agreement as construed between the owner and yourself
shall be governed under the laws of the Australia, regardless
of conflicts of law principles. Any disputes or legal proceedings
arising out of or relating to this Agreement shall: (i) as
they pertain to the Owner, at the Owner's election be determined
via arbitration in the jurisdiction of incorporation of the
Owner (pursuant to the arbitration rules designated by the
Owner), or in the courts of the jurisdiction of incorporation
of the Owner; and (ii) and as they may pertain to its affiliates.
This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods.
The Parties agree that the performance of this Agreement,
in all its aspects as it pertains to the Owner, does not take
place outside of the jurisdiction of incorporation of the
Owner, and performance of this Agreement, in all aspects as
it pertains to the owner, its affiliates and yourself, does
not take place outside of the jurisdiction of Australia.
This Agreement, accepted upon registering for the Service,
contains the entire Agreement regarding the use of the Service.
This Agreement may be relied upon by the owner as noted above,
and may only be amended as it pertains to the owner with the
express consent of the owner. Unless otherwise explicitly
stated, the Terms will survive termination of your membership
to the Service. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in
full force and effect.
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