The Website represents and warrants that it neither knowingly creates, knowingly places, knowingly uses or operates, or knowingly allows the use or operation of, any Emissary Profiles of any kind. For the purpose of this Agreement, an “Emissary Profile” is defined as a profile either created by or on, placed by or on, used by or on, or operated by or on a membership-based website in order to either (A) increase the membership tally of that website for the purpose of marketing; (B) by any means suggest to members of that website that they either join or continue their membership account with that website; (C) by any means suggest to members of that website that they either join or continue their membership account with an unrelated or outside website; (D) by any means suggest to members of that website that they purchase or use some unrelated product or service; (E) by any means entice members of that website into giving out their personal e-mail address(es) in order to send to said e-mail address(es) spam e-mails, or for other commercial gain; or (F) each of the above. We take substantial action to protect users of JadedLovers.com from being subjected to Emissary Profiles, including but not limited to instructing administrators of the Website and people authorized to act on behalf of the Website to refrain from either creating, placing, using, or operating on the Website any Emissary Profile(s), but we do not randomly monitor user action for the purpose of seeking out the creation, placement, use, or operation of Emissary Profiles by users of the Website. If you discover a profile which you believe to be an Emissary Profile, and you notify us of it, we will (1) begin an immediate investigation into it and notify you of our findings; and (2) remove it from the Website and terminate the account of its creator(s), placer(s), user(s), and/or operator(s) within twenty-four (24) hours of our determining, in our sole discretion, that it is indeed an Emissary Profile. If we in our sole discretion determine that said profile is indeed an Emissary Profile, and we have failed to remove it from the Website within twenty-four (24) hours of such determination, we will automatically extend the membership of every member by the number of additional days which it takes us to remove it. No action is required on any member's part to gain this extension, and we will notify members by e-mail of this extension and the reason for it. You represent and warrant that you will not use your account to create, place, or operate on the Website any Emissary Profile(s), and you understand, acknowledge, and agree that, if the Website in its sole discretion determines that you have either created or placed on the Website, or that you operate or have ever operated on the Website, any Emissary Profile(s), your membership will be terminated in the manner described in this provision, with or without notice to you, and any fees which you have paid, and/or unused membership days for which you have paid, are not refundable.
You acknowledge and agree that the Website may contact you via your e-mail address or any other means in order to determine in its sole discretion whether you are operating on the Website any Emissary Profile. You acknowledge and agree that your failure to cooperate with the Website's investigation pursuant to this provision may result in the termination of your membership, wherein any fees which you have paid, and/or unused membership days for which you have paid, are not refundable.
The Website reserves the right to create any number of “test” profiles for the purpose of testing features of the Website (“Test Profile(s)”). However, the Website represents and warrants that, anytime it creates any Test Profile, it will do so in a manner such that, in the Website’s sole discretion, a reasonable English-speaking person who encounters such a profile will be sufficiently notified that the profile in question is indeed a Test Profile and not a profile which should be considered by any user as being operated by anyone other than either an administrator of the Website or a tester authorized to act on behalf of the Website. Pursuant to this, the Website represents and warrants that, any time it creates a Test Profile, it will take, and/or will instruct any administrator or tester authorized to act on behalf of the Website to take, each of the following steps: (1) give to any Test Profile a username consisting of the text “TESTONLY”, in all-capital letters, followed by a numerical value; and (2) use a Test Profile to contact only other administrators or testers authorized to act on behalf of the Website, and refrain from using any Test Profile to purposely contact unsolicited any actual Trial or Paying Member of the Website. For the purpose of this Agreement, an “actual Trial or Paying Member of the Website” is defined as a Trial or Paying Member of the Website who is not an administrator of the Website or a tester authorized to act on behalf of the Website (“Actual Member”).
The Website reserves the right at its sole discretion to create any number of profiles in order to attempt to "sting" the operator of any Emissary Profile ("Sting Profile(s)"). However, the Website represents and warrants that it will not use any Sting Profile to contact any Actual Member without good cause, in its sole discretion.
The Website represents and warrants that it will take steps to ensure (1) that members whose accounts have become inactive will not be seen in search results or auto-fills in any username address book on the Website, and that their profiles will not be able to be viewed by members whose accounts are active, and (2) that members whose accounts are cancelled or otherwise terminated will not be seen in search results or auto-fills in any username address book on the Website, and that their profiles will not be able to be viewed by members whose accounts are active.
You acknowledge and agree that, while the Website’s taking of the above steps does not guarantee that either (1) the Website will always be void of Emissary Profiles (since actual human users of the Website might of their own volition breach this Agreement by creating, placing, using, and/or operating on the Website such a profile or profiles until they are discovered); (2) operators of Test Profiles will always behave as described in the above paragraph (since actual human administrators or testers authorized to act on behalf of the Website might fail to properly follow the instructions of the Website described in the above paragraph); or (3) all users who either become inactive or have their account cancelled or otherwise terminated will always be hidden from view of members whose accounts are active (since a technical error may allow them to be found by members whose accounts are active), it is nevertheless sufficient to satisfy the claims made by the Website that the Website contains “100% Actual People. No Robots, No False Members” and that “[the Website] contains NO PHONY MEMBERS.” In addition, you hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from (1) any human failure to follow the letter of this provision of this Agreement; (2) any technical error which results in a failure to follow the letter of this provision of this Agreement; and (3) any spoken-language barrier which may exist between you and the Website.
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What the Website Means By “100% Actual People. No Robots, No False Members.” and “This site contains NO PHONY MEMBERS.”
The Website represents and warrants that it neither knowingly creates, knowingly places, knowingly uses or operates, or knowingly allows the use or operation of, any Emissary Profiles of any kind. For the purpose of this Agreement, an “Emissary Profile” is defined as a profile either created by or on, placed by or on, used by or on, or operated by or on a membership-based website in order to either (A) increase the membership tally of that website for the purpose of marketing; (B) by any means suggest to members of that website that they either join or continue their membership account with that website; (C) by any means suggest to members of that website that they either join or continue their membership account with an unrelated or outside website; (D) by any means suggest to members of that website that they purchase or use some unrelated product or service; (E) by any means entice members of that website into giving out their personal e-mail address(es) in order to send to said e-mail address(es) spam e-mails, or for other commercial gain; or (F) each of the above. We take substantial action to protect users of JadedLovers.com from being subjected to Emissary Profiles, including but not limited to instructing administrators of the Website and people authorized to act on behalf of the Website to refrain from either creating, placing, using, or operating on the Website any Emissary Profile(s), but we do not randomly monitor user action for the purpose of seeking out the creation, placement, use, or operation of Emissary Profiles by users of the Website. If you discover a profile which you believe to be an Emissary Profile, and you notify us of it, we will (1) begin an immediate investigation into it and notify you of our findings; and (2) remove it from the Website and terminate the account of its creator(s), placer(s), user(s), and/or operator(s) within twenty-four (24) hours of our determining, in our sole discretion, that it is indeed an Emissary Profile. If we in our sole discretion determine that said profile is indeed an Emissary Profile, and we have failed to remove it from the Website within twenty-four (24) hours of such determination, we will automatically extend the membership of every member by the number of additional days which it takes us to remove it. No action is required on any member's part to gain this extension, and we will notify members by e-mail of this extension and the reason for it. You represent and warrant that you will not use your account to create, place, or operate on the Website any Emissary Profile(s), and you understand, acknowledge, and agree that, if the Website in its sole discretion determines that you have either created or placed on the Website, or that you operate or have ever operated on the Website, any Emissary Profile(s), your membership will be terminated in the manner described in this provision, with or without notice to you, and any fees which you have paid, and/or unused membership days for which you have paid, are not refundable.
You acknowledge and agree that the Website may contact you via your e-mail address or any other means in order to determine in its sole discretion whether you are operating on the Website any Emissary Profile. You acknowledge and agree that your failure to cooperate with the Website's investigation pursuant to this provision may result in the termination of your membership, wherein any fees which you have paid, and/or unused membership days for which you have paid, are not refundable.
The Website reserves the right to create any number of “test” profiles for the purpose of testing features of the Website (“Test Profile(s)”). However, the Website represents and warrants that, anytime it creates any Test Profile, it will do so in a manner such that, in the Website’s sole discretion, a reasonable English-speaking person who encounters such a profile will be sufficiently notified that the profile in question is indeed a Test Profile and not a profile which should be considered by any user as being operated by anyone other than either an administrator of the Website or a tester authorized to act on behalf of the Website. Pursuant to this, the Website represents and warrants that, any time it creates a Test Profile, it will take, and/or will instruct any administrator or tester authorized to act on behalf of the Website to take, each of the following steps: (1) give to any Test Profile a username consisting of the text “TESTONLY”, in all-capital letters, followed by a numerical value; and (2) use a Test Profile to contact only other administrators or testers authorized to act on behalf of the Website, and refrain from using any Test Profile to purposely contact unsolicited any actual Trial or Paying Member of the Website. For the purpose of this Agreement, an “actual Trial or Paying Member of the Website” is defined as a Trial or Paying Member of the Website who is not an administrator of the Website or a tester authorized to act on behalf of the Website (“Actual Member”).
The Website reserves the right at its sole discretion to create any number of profiles in order to attempt to "sting" the operator of any Emissary Profile ("Sting Profile(s)"). However, the Website represents and warrants that it will not use any Sting Profile to contact any Actual Member without good cause, in its sole discretion.
The Website represents and warrants that it will take steps to ensure (1) that members whose accounts have become inactive will not be seen in search results or auto-fills in any username address book on the Website, and that their profiles will not be able to be viewed by members whose accounts are active, and (2) that members whose accounts are cancelled or otherwise terminated will not be seen in search results or auto-fills in any username address book on the Website, and that their profiles will not be able to be viewed by members whose accounts are active.
You acknowledge and agree that, while the Website’s taking of the above steps does not guarantee that either (1) the Website will always be void of Emissary Profiles (since actual human users of the Website might of their own volition breach this Agreement by creating, placing, using, and/or operating on the Website such a profile or profiles until they are discovered); (2) operators of Test Profiles will always behave as described in the above paragraph (since actual human administrators or testers authorized to act on behalf of the Website might fail to properly follow the instructions of the Website described in the above paragraph); or (3) all users who either become inactive or have their account cancelled or otherwise terminated will always be hidden from view of members whose accounts are active (since a technical error may allow them to be found by members whose accounts are active), it is nevertheless sufficient to satisfy the claims made by the Website that the Website contains “100% Actual People. No Robots, No False Members” and that “[the Website] contains NO PHONY MEMBERS.” In addition, you hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from (1) any human failure to follow the letter of this provision of this Agreement; (2) any technical error which results in a failure to follow the letter of this provision of this Agreement; and (3) any spoken-language barrier which may exist between you and the Website.