Thank you for choosing JadedLovers.com. Try to find a more honest dating site.
JadedLovers.com is owned and operated by Big Hair & Pink Guitars LLC (“the Company”). By using JadedLovers.com or the service(s) provided by it (“the Website”), you agree to be legally bound by these Terms of Use (“this Agreement”). If you do not agree to be legally bound by this Agreement, or if you object to the Website’s policy on Privacy, you should not use the Website. The Website may at any time and at its sole discretion revise these Terms of Use, effective upon posting in this section of the Website, and your use of the Website after such posting shall constitute your acceptance of such revision(s). Please see the end of this Agreement to determine this Agreement’s last date of revision.
The Website provides a service or services through the use of which people may meet each other. At its sole discretion the Website may offer additional services, or revise or remove any of the services provided by it, and this Agreement will apply to all additional or revised services.
You may purchase with or operate on the Website more than one membership account at the same time, and this Agreement will apply to any and all membership accounts which you have purchased with or operate on the Website.
You must be at least eighteen (18) years of age to use the Website. By using the Website, you represent and warrant that you are have the authority and capacity to enter into this Agreement and to abide by each of the terms and conditions of this Agreement.
Use of the Website is void where prohibited by law.
Use in a Lawful Manner.
Where not prohibited by law, you represent and warrant that you will use the Website in a manner consistent with this Agreement and with any and all applicable local, state, national, and international laws and regulations.
Exclusive Use.
You represent and warrant that your account is for only your own personal use, and that you will neither (1) allow any other person to use your account, or (2) assign or otherwise transfer your account to any other person or entity. You agree to release the Website from liability for any and all loss or damage of any kind resulting from third party access to your account as a result of theft or misappropriation of your username and/or password.
You understand and acknowledge that you are solely responsible for, and assume all liability regarding, (1) the information and content which you contribute to the Website; (2) the information and content which you post, transmit, publish, or otherwise make public and/or available on the Website (hereinafter: “post”); and (3) your interactions with other users of the Website.
You understand and acknowledge that you are solely responsible for keeping up to date the e-mail address by which the Website may contact you. You hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from your failure to keep up to date the e-mail address by which the Website may contact you.
When using the Website, you assume all risk, including but not limited to all of the risks associated with any online or offline interactions with others, including but not limited to dating. You hereby release the Website from liability for any and all loss or damage of any kind, including bodily injury, associated with these risks. YOU UNDERSTAND AND ACKNOWLEDGE (1) THAT THE WEBSITE DOES NOT SCREEN ITS USERS OR CONDUCT ANY BACKGROUND CHECKS OF ITS USERS OF ANY KIND AS A CONDITION OF THEIR USING THE WEBSITE, NOR DOES THE WEBSITE ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS; AND (2) THAT THE WEBSITE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO YOUR ULTIMATE COMPATIBILITY WITH PEOPLE YOU MEET THROUGH THE WEBSITE OR AS TO THE CONDUCT OF PEOPLE YOU MEET THROUGH THE WEBSITE. You further understand and acknowledge that the Website makes no guarantees, either express or implied, as to the number or frequency of matches which you will find through use of the Website.
The Website may at any time and in its sole discretion extend, for the entire life of the Website, the current membership account of any existing user. You understand and acknowledge that the Website's granting such an extension to any user is in no way a statement of approval of that user, or of anything relating to that user, including but not limited to that user's background, statements, or conduct. You hereby release the Website from liability for any and all loss or damage of any kind, including bodily injury, associated with the Website's granting to any user a membership account extension as described in this provision.
You agree to take all reasonable steps to protect the confidentiality of yourusername and password, which includes but is not limited to refraining from disclosing said to any third party. If the security of your account is breached as a result of the loss of control of your username and/or password to a third party, either intentional or accidental, you may as a result lose control over any personally identifiable information or financial information which you have provided to the Website and may therefore be subject to legally binding action taken by the Website on your behalf. Therefore, if either your username or password has been compromised in any way, you agree to immediately change it and/or contact the Website so that we may assist you in taking appropriate action. You further agree to notify the Website of any unauthorized use of your account.
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.
The Website reserves the right to create and operate on the Website at its sole discretion a profile with the username “Webmaster,” however the Website represents and warrants that it will not use this account to purposely contact unsolicited any Actual Member without good cause, in its sole discretion. In addition, regardless of the username(s) by which they may be going, top-tier administrators of the Website reserve the right to contact unsolicited any Actual Member with good cause, in their sole discretion.
The Website reserves the right to create at its sole discretion any number of accounts for friends and family members of the Website (“Friends and Family”), whereby (1) Friends and Family may represent themselves on the Website by the username(s) of their choice, and (2) the Website makes no representations or warranties as to the conduct of Friends and Family. However, the Website represents and warrants (1) that it will instruct Friends and Family to follow the letter of this Agreement; (2) that it will instruct Friends and Family to refrain from contacting any Actual Member for the purpose of attempting to convince that Actual Member by any means to either join or continue their membership account with the Website; and (3) that it will refrain from creating more than one account for any one individual friend or family member. You hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from your interaction with any and all Friends and Family.
The Website reserves the right to create at its sole discretion any number of accounts for reporters who are authorized by the Website to in any medium promote or otherwise discuss the Website (“Reporters”). The Website makes no representations or warranties as to the conduct of Reporters. However, the Website represents and warrants (1) that it will instruct Reporters to represent themselves by usernames which will sufficiently notify and/or otherwise sufficiently notify Actual Members that they are Reporters; (2) that it will instruct Reporters to follow the letter of this Agreement; (3) that it will instruct Reporters to refrain from contacting any Actual Member for the purpose of attempting to convince that Actual Member by any means to either join or continue their membership account with the Website; and (4) that it will refrain from creating more than one account for any one individual reporter. You hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from your interaction with any and all Reporters.
You represent and warrant that you will use your account to neither advertise any product(s) or service(s) nor solicit any user to buy or sell any product(s) or service(s) through the Website. You further represent and warrant that you will not use your account to transmit to any other user any chain letter(s), junk e-mail, or spam e-mail.
You represent and warrant that, if you meet or communicate with another user outside of the Website, you will not take that opportunity to advertise or attempt to sell to that user any product or service without prior consent.
Any illegal and/or unauthorized use of the Website, which includes but is not limited to: attempts to collect or solicit the personal, financial, or identity information of another user by electronic or other means for commercial and/or unlawful purposes; attempts to defraud, swindle, or deceive another user; attempts to create or disseminate computer viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices; attempts to circumvent copy-protect devices; the unauthorized framing of or linking to the Website; the use of scripts, bots, and/or other automated technology to access the Website; or any use in connection with spamming, spimming, phishing, trolling, or similar activities; or attempts to collect or solicit personal, financial, or identity information about anyone under eighteen (18) years of age, may be investigated, and appropriate legal action may be taken, including but not limited to civil, criminal, and injunctive redress.
You understand and acknowledge that the Website may use its sole discretion regarding what it considers unauthorized use, as well as the appropriate course of action it takes to protect against, take legal action, or collect damages for said.
The Website reserves the right, but has no obligation, to monitor the information or material you submit to the Website or post in the public areas of the Website. The Website further reserves the right to remove any such information or material which in its sole discretion violates, or may violate, any applicable law or either the letter or spirit of this Agreement, or upon the request of any third party.
You acknowledge and agree that your posting or making public on the Website, or causing another person to post or make public on the Website, any content or material which does any of the following is not permitted; is subject to removal from the Website at the Website’s sole discretion; and may, at the Website’s sole discretion, result in the immediate termination of your membership account, whereby any fees which you have paid, and/or unused membership days for which you have paid, are not refundable:
Graphically depicts or verbally describes violence toward or cruelty to any animal or to any person or group of people.
Promotes racism, bigotry, hatred, abuse, or physical harm of any kind against or to any person or group of people, or abuse or physical harm of any kind against or to any animal.
Graphically depicts, verbally describes, or promotes bestiality of any kind.
Contains violent or antisocial rhetoric, or is defamatory, inaccurate, obscene, profane, incendiary, libelous, or otherwise objectionable.
Promotes, enables, or encourages violent or antisocial crime or behavior, such as, but not limited to, instructions on how to make or buy illegal weapons; violate someone else’s privacy; harm or harass another person; or participate in any of the behaviors described in the above provision with the section heading: “Illegal and/or Unauthorized Use.”
Is intended to or tends to abuse, harass, annoy, threaten, or intimidate any other user(s) of the Website.
Promotes an illegal or unauthorized copy, or contains instructions on how to produce an illegal or unauthorized copy, of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them; providing information on how to circumvent manufacture-installed copy-protect devices; or providing pirated images or links to pirated images, whether moving or stationary.
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page), whether moving or stationary.
Graphically depicts sexual penetration of any kind.
Graphically depicts full frontal human nudity with no apparent artistic value.
Contains information or material to which another person owns the copyright, trademark, or other proprietary right, without that person’s prior express written consent.
Contains an image or images, either moving or stationary, of another person without that person’s consent (or, in the case of a minor, the consent of that minor’s legal guardian).
Contains an image or images, either moving or stationary, of any minor whereby that minor is the only human subject of the image. (This may be subject to verification by the Website that the poster of said is the parent or legal guardian of that minor.)
Contains instructions on how to use, make, sell, or buy illegal drugs.
Advertises or solicits any user to buy or sell any product(s) or service(s) through the Website, or advertises or promotes any other website.
Transmits or sends to other users by any other means any chain letters, junk mail, or spam e-mail.
Solicits passwords, personal identity information, or financial information from other users for commercial or unlawful purposes.
Solicits involvement in or support of a cult or sect.
Disseminates information about another person or group of people without prior consent.
You acknowledge and agree that the following behaviors are not permitted by users of the Website and that to engage in any of which, or to cause another person to engage in any of which, may, at the Website’s sole discretion, result in the immediate termination of your membership account, whereby any fees which you have paid, and/or unused membership days for which you have paid, are not refundable, as well as appropriate legal action:
Creating, placing, and/or operating on the Website any Emissary Profile(s).
“Stalking” another user.
Using your account to impersonate another person or entity.
Sending an e-mail or other communication to another user which is designed to abuse, harass, intimidate, or threaten that user, or be otherwise objectionable.
Expressing or implying, in any form, that any statement made by you is endorsed by the Website without express written consent.
Using 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 Website or its contents.
Posting, distributing, and/or reproducing in any place any actual design content of the Website.
Removing any copyright, trademark, or other proprietary rights notice(s) contained on the Website.
Interfering with or disrupting the functionality of the Website or the servers or networks relating to the Website.
Manipulating pages or identifiers in order to disguise the origin of any information transmitted through or by the Website.
“Framing” or “Mirroring” any part of the Website without the Website’s express written consent.
Impersonating by any means, or attempting or claiming to represent, either the Website or any agent or employee of the Website.
Creating and/or operating on the Website an account containing the word “webmaster” in its username.
Attempting to abuse, harass, annoy, intimidate, or threaten any employee or agent of the Website.
Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Website or any software used in relation to the Website, or attempting to do so.
Promoting, enabling, or encouraging violent or antisocial crime or behavior, such as, but not limited to, instructing others on how to make or buy illegal weapons; violate someone else’s privacy; harm or harass another person; or participate in any of the behaviors described in the above provision with the section heading: “Illegal and/or Unauthorized Use.”
In order to protect the integrity of the Website, the Website reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
You acknowledge and agree that you are solely responsible for your interactions with other users of the Website. Notwithstanding this, the Website reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.
You represent and warrant that the billing information which you use to obtain and maintain a membership account with the Website is accurate and up to date. You hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from your failure to maintain up to date billing information relating to your membership account with the Website.
You authorize the Website to charge your chosen payment provider for any subscription to the Website which you purchase. Any agreement you have with your payment method provider will govern your use of your payment method. You acknowledge and agree that, where applicable, the Website may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
You hereby acknowledge and agree that the Website is the sole owner of highly valuable proprietary information, including but not limited to the design, text copy, and features of the Website (collectively, “Confidential Information”). The Website hereby retains all proprietary rights in the Website, including but not limited to all Confidential Information.
You represent and warrant that you will not post, copy, modify, publish, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (1) Confidential Information or (2) other copyrighted material, trademarks, or other proprietary information accessible via the Website, without the express written consent of the owner of such proprietary rights.
You represent and warrant that you will not post any copyrighted information or material, trademarks, or any other proprietary information or material, accessible via the Website or otherwise, without the express written consent of the owner of such proprietary rights, unless that owner is either yourself or your own company.
If you post original information or material for which you have obtained copyright or other applicable protection, you hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from the unauthorized use of said information or material by any other user of the Website.
Other users may post copyrighted, trademarked, or other proprietary information or material, which has copyright or other applicable protection whether or not it is identified as such. You represent and warrant that you will not post, copy, modify, publish, transmit, disclose, show in public, create any derivative works from, distribute, perform, make commercial use of, or reproduce in any way any copyrighted, trademarked, or other proprietary information or material you find on the Website, be it owned by the Website or a third party, without the express written consent of the owner of such proprietary rights.
By posting information or content for which you have not obtained copyright or other applicable protection, you automatically grant, and you represent and warrant that you have the right to grant, to the Website and to users of the Website, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and publicly distribute such information and content, and to create derivative works from, or incorporate into other works, such information and content, and to grant and authorize sublicenses of said.
For further information about the Website’s collection and use of information provided by you, please see the Website’s Privacy policy. By using the Website, you are consenting to the terms of the Website’s Privacy policy.
Notwithstanding any other provision of this Agreement or the Website’s Privacy policy, you acknowledge and agree that the Website may disclose information provided by you if required to do so by law, or if the Website believes, in its sole discretion, that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (regardless of whether such disclosure is required by applicable law); (2) protect or defend the Website’s or a third party’s rights or property; or (3) protect someone’s health, welfare, or safety, such as when harm or violence against any person (including the user) is threatened, or protect the health, welfare, or safety of any animal.
Furthermore, notwithstanding any other provision of this Agreement or the Website’s Privacy policy, the Website reserves the right, but has no obligation, to disclose any information that you submit to or post on the Website, if, in its sole discretion, the Website suspects or has reason to suspect that the information involves a party which may be the victim of abuse in any form, including but not limited to elder abuse, child abuse, spousal abuse, animal abuse, neglect, or domestic violence. Information may be disclosed to authorities which the Website, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, but not be limited to, law enforcement agencies, child protection agencies, animal rights agencies, or court officials. You hereby acknowledge and agree that the Website is permitted to make such disclosure.
By using the Website, you agree to allow the Website, and its employees and agents, to anonymously use both information provided by you and your experiences on the Website to research the Website’s efficacy and to improve the Website. This research is for the sole use of the Website, and its employees and agents, and will not be made public in any way, except, if deemed applicable by the Website in its sole discretion, to advertise or promote the Website.
Where there are links to any third-party website(s) on the Website, the Website is not responsible for either the content of, any changes or updates to, or the service(s) provided by those websites, and the inclusion of such links on the Website does not imply that the Website endorses or accepts any responsibility for said. You acknowledge and agree (1) that any dealings that you have with any third party which you discover via the Website are solely between you and that third party; (2) that you accept all risk associated with such dealings; and (3) that you release the Website from liability for any and all loss or damage of any kind resulting from any such dealings.
This section will apply to the maximum extent permitted by applicable law. The Website provides its services on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Website (including all information contained therein), including any implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The Website does not warrant that your use of the Website will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Website as you see them will be corrected to your satisfaction. The Website disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Website.
User Content.
Opinions, advice, statements, offers, or other information or content made available on the Website by its users are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such information or content. The Website does not (1) guarantee the accuracy, completeness, or usefulness of any information posted by its users, or (2) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement posted or made otherwise public in any way by its users. You hereby release the Website from liability for any and all loss or damage of any kind resulting from your reliance, or the reliance of another user of the Website, on information or other content posted by, or transmitted to or by, any user of the Website.
User Experimentation of New Features.
Should the Website ever offer any new service(s) or feature(s) on which its users may experiment prior to actual implementation, such services or features are offered without any warranty of any kind and may be modified or discontinued at the Website’s sole discretion. The provisions of this Agreement apply with full force to such services and features.
You hereby agree to release the Website from liability for any and all incidental, special, consequential, or indirect damages of any kind arising from or relating to the use of or inability to use the Website, including but not limited to damages for loss or corruption of data, messages, or programs, service interruptions and procurement of substitute services, even in the case that the Website knows or has been advised of the possibility of such damages. Under no circumstance will the Website’s aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Website, exceed the price paid by you for your membership account, or, if you have not paid the Website for the use of the Website, the amount of US$25.00 or its equivalent.
No Liability for Others’ Actions.
To the maximum extent permitted by applicable law, under no circumstance will the Website be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising from or relating to the conduct of you or anyone else in connection with the use of the Website, including but not limited to bodily injury, emotional distress, and/or any other damages resulting from your communications or meetings with other users of the Website. This includes any claims, losses, or damages arising from the conduct of any user who (1) has registered with and/or uses the Website under false pretenses, or (2) attempts to defraud or harm you.
Information Verification.
The Website, and its employees and agents, may use various ways of verifying information provided by its users. However, none of these ways is perfect, and you hereby release the Website, and its employees and agents, from liability to you arising from any information which either the Website, or its employees or agents, has incorrectly verified.
You hereby agree to indemnify, defend, and hold harmless the Website, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from (A) your use of or inability to use the Website; (B) any user postings made by you; (C) your violation of any terms of this Agreement or your violation of any rights of a third party; or (D) your violation of any applicable laws, rules or regulations. The Website reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Website in asserting any available defenses.
To resolve a complaint regarding the Website, please review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of each page of the Website, or e-mail the Website by using the contact form. Law enforcement officials may send correspondence (such as subpoenas, court orders, and warrants) to the Website by first contacting the Website through the contact form, after which we will happily be of assistance.
We may use your e-mail address to send you messages notifying you of important changes or updates to the Website or special offers. If you do not want to receive such e-mail messages, you may opt out of receiving them by accessing the “My Account” page in your profile; clicking on the “No” checkbox after the text: “I want to be notified of updates, promotions, and special offers;” and then clicking “Save Account Info.”
This Agreement will become effective upon your acceptance of this Agreement by your use of the Website, whether or not you purchase a membership account, and will remain in effect in perpetuity unless terminated hereunder. Use of the Website is with the permission of the Website, which may be revoked at any time, for any reason, in the Website’s sole discretion. Either you or the Website may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written or electronic notice to the other party. The Website reserves the right to immediately suspend or terminate your access to the Website or any feature of it, without notice, for any reason or no reason. The Website also reserves the right to remove your account information or data from the Website and any other records at any time at its sole discretion. If your membership account is terminated, either by you or the Website, any information or content which you had posted, in your profile or otherwise, will be removed from the Website, and you agree to release the Website from liability for any and all inconvenience, loss, or damage of any kind resulting from said. In the event that your access to the Website or any feature of it is suspended or terminated due to the breach of this Agreement, you acknowledge and agree that all fees paid by you prior to either said breach or said suspension and/or termination are not refundable, and that all fees paid by you after either said breach or said suspension and/or termination are refundable at the sole discretion of the Website, and are not necessarily refundable. You may terminate your account by accessing the “My Account” page in your profile; clicking the “Cancel My Membership” link; and providing the information requested, or by sending a notice of cancellation to the Website via the contact form. Following any termination of any registered user, the Website reserves the right to send a notice thereof to other users with whom that user has corresponded.
The prices set out in our price list, which is available for viewing on one or more of our “Join/Register” or “Renew/Extend” pages, are part of this Agreement and are subject to change at any time and at the Website’s sole discretion, subject to their being posted on those pages.
Except where otherwise offered, memberships to the Website are for the following durations: a One Month membership is for one (1) calendar month, to begin immediately upon registration, renewal, or extension; a Two Month membership is for two (2) consecutive calendar months, to begin immediately upon registration, renewal, or extension; a Three Month membership is for three (3) consecutive calendar months, to begin immediately upon registration, renewal, or extension; and a Six Month membership is for six (6) consecutive calendar months, to begin immediately upon registration, renewal, or extension.
In addition, the Website may offer a Twelve Month Membership, for twelve (12) consecutive calendar months, to begin immediately upon registration, renewal, or extension, and Trial memberships of any number of days, at its sole discretion.
The Website currently offers only free memberships. The Website does not currently offer paid memberships. When it does, it will allow users to purchase memberships by credit card only. Accepted credit cards will be Visa, Mastercard, Discover, and American Express. The Website does not currently allow multi-part payment options.
The Website does not provide automatic renewals of membership accounts unless requested to do so by the user of said membership account. You may request that your membership be automatically renewed by accessing the “My Account” page in your profile; clicking on the “On” checkbox in the “Automatic Renewal” field; and then clicking “Save Account Info.” Such renewals are for the same duration and payment plan as those of the original membership. You hereby release the Website from liability for any and all inconvenience, loss, or damage of any kind caused by any user’s (including your own) failure to request automatic renewal of his or her membership account.
If your membership is for a paid term, you may extend your membership at any time during your membership period by accessing the "My Account" page in your profile; clicking the "Renew/Extend Account" link; and providing the requested information.
Except as otherwise stated in this section, you may cancel your membership account with the Website at any time during the term of such membership or any renewal or extension period by accessing the “My Account” page in your profile; clicking on the “Cancel My Membership” link; and providing the information requested. In such case, your membership will terminate, your profile and any information or content which you had posted on the Website will be removed, and you will cease to receive e-mail messages from the Website relating to said membership. You will not receive any refund for any unused days of said membership term. Please note that, if you paid for your membership, renewal, or extension using a multi-part payment option, you may only cancel your membership, renewal, or extension after the final payment has been paid.
Cancellation As a Result of Death or Disability.
If by reason of death or disability you are unable to access or use the Website as you have contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability by contacting the Website via the contact form. However, such relief will be awarded at the sole discretion of the Website, and verification of death or the onset of disability may be required.
You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard for that state’s choice of law provisions, and that any dispute arising from or relating to either this Agreement or the Website will be subject to the exclusive jurisdiction and venue of the federal and state courts in the state of Pennsylvania. You acknowledge and agree that any violation of this Agreement may cause to the Website irreparable harm, and therefore acknowledge and agree that the Website may seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Website may have for a breach of this Agreement, and/or to prevent any breach or threatened breach of, or otherwise to enforce the provisions of, this Agreement.
Miscellaneous.
This Agreement, which you accept upon use of the Website, the Privacy policy, located on the Website, and any applicable payment, renewal, extension, and additional service terms, comprise the entire agreement between you and the Website regarding the use of the Website, superseding any prior agreements between you and the Website related to your use of the Website (including but not limited to any prior versions of this Agreement). Unless otherwise explicitly stated, this Agreement will survive termination of your registration and/or membership with or use of the Website. The failure of the Website to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience of reference only, and will not be deemed to affect the meaning or construction of any of the provisions hereof.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify the Website’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit the Website to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
This Agreement was last revised on February 4, 2012.
Copyright 2010 Big Hair & Pink Guitars LLC. All Rights Reserved. "JadedLovers;" the JadedLovers logo; "Because Suicide is Just So Final!;" "The Da Vinci of Online Dating Sites;" "100% Actual People. No Robots, No False Members;" "This site contains NO PHONY MEMBERS;" the mask logo; and several other marks and images are registered and/or common law trademarks of Big Hair & Pink Guitars LLC, whether or not identified herein as such, and may not be used without express written consent.
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JadedLovers.com is owned and operated by Big Hair & Pink Guitars LLC (“the Company”). By using JadedLovers.com or the service(s) provided by it (“the Website”), you agree to be legally bound by these Terms of Use (“this Agreement”). If you do not agree to be legally bound by this Agreement, or if you object to the Website’s policy on Privacy, you should not use the Website. The Website may at any time and at its sole discretion revise these Terms of Use, effective upon posting in this section of the Website, and your use of the Website after such posting shall constitute your acceptance of such revision(s). Please see the end of this Agreement to determine this Agreement’s last date of revision.
The Website provides a service or services through the use of which people may meet each other. At its sole discretion the Website may offer additional services, or revise or remove any of the services provided by it, and this Agreement will apply to all additional or revised services.
You may purchase with or operate on the Website more than one membership account at the same time, and this Agreement will apply to any and all membership accounts which you have purchased with or operate on the Website.
Terms of Use
You must be at least eighteen (18) years of age to use the Website. By using the Website, you represent and warrant that you are have the authority and capacity to enter into this Agreement and to abide by each of the terms and conditions of this Agreement.
Void Where Prohibited.
Use of the Website is void where prohibited by law.
Use in a Lawful Manner.
Where not prohibited by law, you represent and warrant that you will use the Website in a manner consistent with this Agreement and with any and all applicable local, state, national, and international laws and regulations.
Exclusive Use.
You represent and warrant that your account is for only your own personal use, and that you will neither (1) allow any other person to use your account, or (2) assign or otherwise transfer your account to any other person or entity. You agree to release the Website from liability for any and all loss or damage of any kind resulting from third party access to your account as a result of theft or misappropriation of your username and/or password.
You understand and acknowledge that you are solely responsible for, and assume all liability regarding, (1) the information and content which you contribute to the Website; (2) the information and content which you post, transmit, publish, or otherwise make public and/or available on the Website (hereinafter: “post”); and (3) your interactions with other users of the Website.
You understand and acknowledge that you are solely responsible for keeping up to date the e-mail address by which the Website may contact you. You hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from your failure to keep up to date the e-mail address by which the Website may contact you.
When using the Website, you assume all risk, including but not limited to all of the risks associated with any online or offline interactions with others, including but not limited to dating. You hereby release the Website from liability for any and all loss or damage of any kind, including bodily injury, associated with these risks. YOU UNDERSTAND AND ACKNOWLEDGE (1) THAT THE WEBSITE DOES NOT SCREEN ITS USERS OR CONDUCT ANY BACKGROUND CHECKS OF ITS USERS OF ANY KIND AS A CONDITION OF THEIR USING THE WEBSITE, NOR DOES THE WEBSITE ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS; AND (2) THAT THE WEBSITE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO YOUR ULTIMATE COMPATIBILITY WITH PEOPLE YOU MEET THROUGH THE WEBSITE OR AS TO THE CONDUCT OF PEOPLE YOU MEET THROUGH THE WEBSITE. You further understand and acknowledge that the Website makes no guarantees, either express or implied, as to the number or frequency of matches which you will find through use of the Website.
The Website may at any time and in its sole discretion extend, for the entire life of the Website, the current membership account of any existing user. You understand and acknowledge that the Website's granting such an extension to any user is in no way a statement of approval of that user, or of anything relating to that user, including but not limited to that user's background, statements, or conduct. You hereby release the Website from liability for any and all loss or damage of any kind, including bodily injury, associated with the Website's granting to any user a membership account extension as described in this provision.
You agree to take all reasonable steps to protect the confidentiality of yourusername and password, which includes but is not limited to refraining from disclosing said to any third party. If the security of your account is breached as a result of the loss of control of your username and/or password to a third party, either intentional or accidental, you may as a result lose control over any personally identifiable information or financial information which you have provided to the Website and may therefore be subject to legally binding action taken by the Website on your behalf. Therefore, if either your username or password has been compromised in any way, you agree to immediately change it and/or contact the Website so that we may assist you in taking appropriate action. You further agree to notify the Website of any unauthorized use of your account.
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.
The Website reserves the right to create and operate on the Website at its sole discretion a profile with the username “Webmaster,” however the Website represents and warrants that it will not use this account to purposely contact unsolicited any Actual Member without good cause, in its sole discretion. In addition, regardless of the username(s) by which they may be going, top-tier administrators of the Website reserve the right to contact unsolicited any Actual Member with good cause, in their sole discretion.
The Website reserves the right to create at its sole discretion any number of accounts for friends and family members of the Website (“Friends and Family”), whereby (1) Friends and Family may represent themselves on the Website by the username(s) of their choice, and (2) the Website makes no representations or warranties as to the conduct of Friends and Family. However, the Website represents and warrants (1) that it will instruct Friends and Family to follow the letter of this Agreement; (2) that it will instruct Friends and Family to refrain from contacting any Actual Member for the purpose of attempting to convince that Actual Member by any means to either join or continue their membership account with the Website; and (3) that it will refrain from creating more than one account for any one individual friend or family member. You hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from your interaction with any and all Friends and Family.
The Website reserves the right to create at its sole discretion any number of accounts for reporters who are authorized by the Website to in any medium promote or otherwise discuss the Website (“Reporters”). The Website makes no representations or warranties as to the conduct of Reporters. However, the Website represents and warrants (1) that it will instruct Reporters to represent themselves by usernames which will sufficiently notify and/or otherwise sufficiently notify Actual Members that they are Reporters; (2) that it will instruct Reporters to follow the letter of this Agreement; (3) that it will instruct Reporters to refrain from contacting any Actual Member for the purpose of attempting to convince that Actual Member by any means to either join or continue their membership account with the Website; and (4) that it will refrain from creating more than one account for any one individual reporter. You hereby release the Website from liability for any confusion, inconvenience, loss, or damage of any kind resulting from your interaction with any and all Reporters.
You represent and warrant that you will use your account to neither advertise any product(s) or service(s) nor solicit any user to buy or sell any product(s) or service(s) through the Website. You further represent and warrant that you will not use your account to transmit to any other user any chain letter(s), junk e-mail, or spam e-mail.
You represent and warrant that, if you meet or communicate with another user outside of the Website, you will not take that opportunity to advertise or attempt to sell to that user any product or service without prior consent.
Any illegal and/or unauthorized use of the Website, which includes but is not limited to: attempts to collect or solicit the personal, financial, or identity information of another user by electronic or other means for commercial and/or unlawful purposes; attempts to defraud, swindle, or deceive another user; attempts to create or disseminate computer viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices; attempts to circumvent copy-protect devices; the unauthorized framing of or linking to the Website; the use of scripts, bots, and/or other automated technology to access the Website; or any use in connection with spamming, spimming, phishing, trolling, or similar activities; or attempts to collect or solicit personal, financial, or identity information about anyone under eighteen (18) years of age, may be investigated, and appropriate legal action may be taken, including but not limited to civil, criminal, and injunctive redress.
You understand and acknowledge that the Website may use its sole discretion regarding what it considers unauthorized use, as well as the appropriate course of action it takes to protect against, take legal action, or collect damages for said.
The Website reserves the right, but has no obligation, to monitor the information or material you submit to the Website or post in the public areas of the Website. The Website further reserves the right to remove any such information or material which in its sole discretion violates, or may violate, any applicable law or either the letter or spirit of this Agreement, or upon the request of any third party.
You acknowledge and agree that your posting or making public on the Website, or causing another person to post or make public on the Website, any content or material which does any of the following is not permitted; is subject to removal from the Website at the Website’s sole discretion; and may, at the Website’s sole discretion, result in the immediate termination of your membership account, whereby any fees which you have paid, and/or unused membership days for which you have paid, are not refundable:
Graphically depicts or verbally describes violence toward or cruelty to any animal or to any person or group of people.
Promotes racism, bigotry, hatred, abuse, or physical harm of any kind against or to any person or group of people, or abuse or physical harm of any kind against or to any animal.
Graphically depicts, verbally describes, or promotes bestiality of any kind.
Contains violent or antisocial rhetoric, or is defamatory, inaccurate, obscene, profane, incendiary, libelous, or otherwise objectionable.
Promotes, enables, or encourages violent or antisocial crime or behavior, such as, but not limited to, instructions on how to make or buy illegal weapons; violate someone else’s privacy; harm or harass another person; or participate in any of the behaviors described in the above provision with the section heading: “Illegal and/or Unauthorized Use.”
Is intended to or tends to abuse, harass, annoy, threaten, or intimidate any other user(s) of the Website.
Promotes an illegal or unauthorized copy, or contains instructions on how to produce an illegal or unauthorized copy, of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them; providing information on how to circumvent manufacture-installed copy-protect devices; or providing pirated images or links to pirated images, whether moving or stationary.
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page), whether moving or stationary.
Graphically depicts sexual penetration of any kind.
Graphically depicts full frontal human nudity with no apparent artistic value.
Contains information or material to which another person owns the copyright, trademark, or other proprietary right, without that person’s prior express written consent.
Contains an image or images, either moving or stationary, of another person without that person’s consent (or, in the case of a minor, the consent of that minor’s legal guardian).
Contains an image or images, either moving or stationary, of any minor whereby that minor is the only human subject of the image. (This may be subject to verification by the Website that the poster of said is the parent or legal guardian of that minor.)
Contains instructions on how to use, make, sell, or buy illegal drugs.
Advertises or solicits any user to buy or sell any product(s) or service(s) through the Website, or advertises or promotes any other website.
Transmits or sends to other users by any other means any chain letters, junk mail, or spam e-mail.
Solicits passwords, personal identity information, or financial information from other users for commercial or unlawful purposes.
Solicits involvement in or support of a cult or sect.
Disseminates information about another person or group of people without prior consent.
You acknowledge and agree that the following behaviors are not permitted by users of the Website and that to engage in any of which, or to cause another person to engage in any of which, may, at the Website’s sole discretion, result in the immediate termination of your membership account, whereby any fees which you have paid, and/or unused membership days for which you have paid, are not refundable, as well as appropriate legal action:
Creating, placing, and/or operating on the Website any Emissary Profile(s).
“Stalking” another user.
Using your account to impersonate another person or entity.
Sending an e-mail or other communication to another user which is designed to abuse, harass, intimidate, or threaten that user, or be otherwise objectionable.
Expressing or implying, in any form, that any statement made by you is endorsed by the Website without express written consent.
Using 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 Website or its contents.
Posting, distributing, and/or reproducing in any place any actual design content of the Website.
Removing any copyright, trademark, or other proprietary rights notice(s) contained on the Website.
Interfering with or disrupting the functionality of the Website or the servers or networks relating to the Website.
Manipulating pages or identifiers in order to disguise the origin of any information transmitted through or by the Website.
“Framing” or “Mirroring” any part of the Website without the Website’s express written consent.
Impersonating by any means, or attempting or claiming to represent, either the Website or any agent or employee of the Website.
Creating and/or operating on the Website an account containing the word “webmaster” in its username.
Attempting to abuse, harass, annoy, intimidate, or threaten any employee or agent of the Website.
Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or otherwise disassembling any portion of the Website or any software used in relation to the Website, or attempting to do so.
Promoting, enabling, or encouraging violent or antisocial crime or behavior, such as, but not limited to, instructing others on how to make or buy illegal weapons; violate someone else’s privacy; harm or harass another person; or participate in any of the behaviors described in the above provision with the section heading: “Illegal and/or Unauthorized Use.”
In order to protect the integrity of the Website, the Website reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
You acknowledge and agree that you are solely responsible for your interactions with other users of the Website. Notwithstanding this, the Website reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.
You represent and warrant that the billing information which you use to obtain and maintain a membership account with the Website is accurate and up to date. You hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from your failure to maintain up to date billing information relating to your membership account with the Website.
You authorize the Website to charge your chosen payment provider for any subscription to the Website which you purchase. Any agreement you have with your payment method provider will govern your use of your payment method. You acknowledge and agree that, where applicable, the Website may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
You hereby acknowledge and agree that the Website is the sole owner of highly valuable proprietary information, including but not limited to the design, text copy, and features of the Website (collectively, “Confidential Information”). The Website hereby retains all proprietary rights in the Website, including but not limited to all Confidential Information.
You represent and warrant that you will not post, copy, modify, publish, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (1) Confidential Information or (2) other copyrighted material, trademarks, or other proprietary information accessible via the Website, without the express written consent of the owner of such proprietary rights.
You represent and warrant that you will not post any copyrighted information or material, trademarks, or any other proprietary information or material, accessible via the Website or otherwise, without the express written consent of the owner of such proprietary rights, unless that owner is either yourself or your own company.
If you post original information or material for which you have obtained copyright or other applicable protection, you hereby release the Website from liability for any inconvenience, loss, or damage of any kind resulting from the unauthorized use of said information or material by any other user of the Website.
Other users may post copyrighted, trademarked, or other proprietary information or material, which has copyright or other applicable protection whether or not it is identified as such. You represent and warrant that you will not post, copy, modify, publish, transmit, disclose, show in public, create any derivative works from, distribute, perform, make commercial use of, or reproduce in any way any copyrighted, trademarked, or other proprietary information or material you find on the Website, be it owned by the Website or a third party, without the express written consent of the owner of such proprietary rights.
By posting information or content for which you have not obtained copyright or other applicable protection, you automatically grant, and you represent and warrant that you have the right to grant, to the Website and to users of the Website, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and publicly distribute such information and content, and to create derivative works from, or incorporate into other works, such information and content, and to grant and authorize sublicenses of said.
For further information about the Website’s collection and use of information provided by you, please see the Website’s Privacy policy. By using the Website, you are consenting to the terms of the Website’s Privacy policy.
Notwithstanding any other provision of this Agreement or the Website’s Privacy policy, you acknowledge and agree that the Website may disclose information provided by you if required to do so by law, or if the Website believes, in its sole discretion, that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (regardless of whether such disclosure is required by applicable law); (2) protect or defend the Website’s or a third party’s rights or property; or (3) protect someone’s health, welfare, or safety, such as when harm or violence against any person (including the user) is threatened, or protect the health, welfare, or safety of any animal.
Furthermore, notwithstanding any other provision of this Agreement or the Website’s Privacy policy, the Website reserves the right, but has no obligation, to disclose any information that you submit to or post on the Website, if, in its sole discretion, the Website suspects or has reason to suspect that the information involves a party which may be the victim of abuse in any form, including but not limited to elder abuse, child abuse, spousal abuse, animal abuse, neglect, or domestic violence. Information may be disclosed to authorities which the Website, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, but not be limited to, law enforcement agencies, child protection agencies, animal rights agencies, or court officials. You hereby acknowledge and agree that the Website is permitted to make such disclosure.
By using the Website, you agree to allow the Website, and its employees and agents, to anonymously use both information provided by you and your experiences on the Website to research the Website’s efficacy and to improve the Website. This research is for the sole use of the Website, and its employees and agents, and will not be made public in any way, except, if deemed applicable by the Website in its sole discretion, to advertise or promote the Website.
Where there are links to any third-party website(s) on the Website, the Website is not responsible for either the content of, any changes or updates to, or the service(s) provided by those websites, and the inclusion of such links on the Website does not imply that the Website endorses or accepts any responsibility for said. You acknowledge and agree (1) that any dealings that you have with any third party which you discover via the Website are solely between you and that third party; (2) that you accept all risk associated with such dealings; and (3) that you release the Website from liability for any and all loss or damage of any kind resulting from any such dealings.
No Warranties.
This section will apply to the maximum extent permitted by applicable law. The Website provides its services on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Website (including all information contained therein), including any implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The Website does not warrant that your use of the Website will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Website as you see them will be corrected to your satisfaction. The Website disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Website.
User Content.
Opinions, advice, statements, offers, or other information or content made available on the Website by its users are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such information or content. The Website does not (1) guarantee the accuracy, completeness, or usefulness of any information posted by its users, or (2) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement posted or made otherwise public in any way by its users. You hereby release the Website from liability for any and all loss or damage of any kind resulting from your reliance, or the reliance of another user of the Website, on information or other content posted by, or transmitted to or by, any user of the Website.
User Experimentation of New Features.
Should the Website ever offer any new service(s) or feature(s) on which its users may experiment prior to actual implementation, such services or features are offered without any warranty of any kind and may be modified or discontinued at the Website’s sole discretion. The provisions of this Agreement apply with full force to such services and features.
Incidental Damages and Aggregate Liability.
You hereby agree to release the Website from liability for any and all incidental, special, consequential, or indirect damages of any kind arising from or relating to the use of or inability to use the Website, including but not limited to damages for loss or corruption of data, messages, or programs, service interruptions and procurement of substitute services, even in the case that the Website knows or has been advised of the possibility of such damages. Under no circumstance will the Website’s aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Website, exceed the price paid by you for your membership account, or, if you have not paid the Website for the use of the Website, the amount of US$25.00 or its equivalent.
No Liability for Others’ Actions.
To the maximum extent permitted by applicable law, under no circumstance will the Website be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising from or relating to the conduct of you or anyone else in connection with the use of the Website, including but not limited to bodily injury, emotional distress, and/or any other damages resulting from your communications or meetings with other users of the Website. This includes any claims, losses, or damages arising from the conduct of any user who (1) has registered with and/or uses the Website under false pretenses, or (2) attempts to defraud or harm you.
Information Verification.
The Website, and its employees and agents, may use various ways of verifying information provided by its users. However, none of these ways is perfect, and you hereby release the Website, and its employees and agents, from liability to you arising from any information which either the Website, or its employees or agents, has incorrectly verified.
You hereby agree to indemnify, defend, and hold harmless the Website, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from (A) your use of or inability to use the Website; (B) any user postings made by you; (C) your violation of any terms of this Agreement or your violation of any rights of a third party; or (D) your violation of any applicable laws, rules or regulations. The Website reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Website in asserting any available defenses.
To resolve a complaint regarding the Website, please review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of each page of the Website, or e-mail the Website by using the contact form. Law enforcement officials may send correspondence (such as subpoenas, court orders, and warrants) to the Website by first contacting the Website through the contact form, after which we will happily be of assistance.
We may use your e-mail address to send you messages notifying you of important changes or updates to the Website or special offers. If you do not want to receive such e-mail messages, you may opt out of receiving them by accessing the “My Account” page in your profile; clicking on the “No” checkbox after the text: “I want to be notified of updates, promotions, and special offers;” and then clicking “Save Account Info.”
This Agreement will become effective upon your acceptance of this Agreement by your use of the Website, whether or not you purchase a membership account, and will remain in effect in perpetuity unless terminated hereunder. Use of the Website is with the permission of the Website, which may be revoked at any time, for any reason, in the Website’s sole discretion. Either you or the Website may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written or electronic notice to the other party. The Website reserves the right to immediately suspend or terminate your access to the Website or any feature of it, without notice, for any reason or no reason. The Website also reserves the right to remove your account information or data from the Website and any other records at any time at its sole discretion. If your membership account is terminated, either by you or the Website, any information or content which you had posted, in your profile or otherwise, will be removed from the Website, and you agree to release the Website from liability for any and all inconvenience, loss, or damage of any kind resulting from said. In the event that your access to the Website or any feature of it is suspended or terminated due to the breach of this Agreement, you acknowledge and agree that all fees paid by you prior to either said breach or said suspension and/or termination are not refundable, and that all fees paid by you after either said breach or said suspension and/or termination are refundable at the sole discretion of the Website, and are not necessarily refundable. You may terminate your account by accessing the “My Account” page in your profile; clicking the “Cancel My Membership” link; and providing the information requested, or by sending a notice of cancellation to the Website via the contact form. Following any termination of any registered user, the Website reserves the right to send a notice thereof to other users with whom that user has corresponded.
The prices set out in our price list, which is available for viewing on one or more of our “Join/Register” or “Renew/Extend” pages, are part of this Agreement and are subject to change at any time and at the Website’s sole discretion, subject to their being posted on those pages.
Except where otherwise offered, memberships to the Website are for the following durations: a One Month membership is for one (1) calendar month, to begin immediately upon registration, renewal, or extension; a Two Month membership is for two (2) consecutive calendar months, to begin immediately upon registration, renewal, or extension; a Three Month membership is for three (3) consecutive calendar months, to begin immediately upon registration, renewal, or extension; and a Six Month membership is for six (6) consecutive calendar months, to begin immediately upon registration, renewal, or extension.
In addition, the Website may offer a Twelve Month Membership, for twelve (12) consecutive calendar months, to begin immediately upon registration, renewal, or extension, and Trial memberships of any number of days, at its sole discretion.
The Website currently offers only free memberships. The Website does not currently offer paid memberships. When it does, it will allow users to purchase memberships by credit card only. Accepted credit cards will be Visa, Mastercard, Discover, and American Express. The Website does not currently allow multi-part payment options.
The Website does not provide automatic renewals of membership accounts unless requested to do so by the user of said membership account. You may request that your membership be automatically renewed by accessing the “My Account” page in your profile; clicking on the “On” checkbox in the “Automatic Renewal” field; and then clicking “Save Account Info.” Such renewals are for the same duration and payment plan as those of the original membership. You hereby release the Website from liability for any and all inconvenience, loss, or damage of any kind caused by any user’s (including your own) failure to request automatic renewal of his or her membership account.
If your membership is for a paid term, you may extend your membership at any time during your membership period by accessing the "My Account" page in your profile; clicking the "Renew/Extend Account" link; and providing the requested information.
Cancellation At Any Time With No Refund.
Except as otherwise stated in this section, you may cancel your membership account with the Website at any time during the term of such membership or any renewal or extension period by accessing the “My Account” page in your profile; clicking on the “Cancel My Membership” link; and providing the information requested. In such case, your membership will terminate, your profile and any information or content which you had posted on the Website will be removed, and you will cease to receive e-mail messages from the Website relating to said membership. You will not receive any refund for any unused days of said membership term. Please note that, if you paid for your membership, renewal, or extension using a multi-part payment option, you may only cancel your membership, renewal, or extension after the final payment has been paid.
Cancellation As a Result of Death or Disability.
If by reason of death or disability you are unable to access or use the Website as you have contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability by contacting the Website via the contact form. However, such relief will be awarded at the sole discretion of the Website, and verification of death or the onset of disability may be required.
You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiary to this Agreement.
The Website reserves the right to use its sole discretion to prevent the breaching of or enforce any of the provisions of this Agreement.
Your membership with the Website is a privilege, not a right, and the Website may revoke that privilege at any time, at its sole discretion.
Controlling Law and Jurisdiction.
You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard for that state’s choice of law provisions, and that any dispute arising from or relating to either this Agreement or the Website will be subject to the exclusive jurisdiction and venue of the federal and state courts in the state of Pennsylvania. You acknowledge and agree that any violation of this Agreement may cause to the Website irreparable harm, and therefore acknowledge and agree that the Website may seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Website may have for a breach of this Agreement, and/or to prevent any breach or threatened breach of, or otherwise to enforce the provisions of, this Agreement.
Miscellaneous.
This Agreement, which you accept upon use of the Website, the Privacy policy, located on the Website, and any applicable payment, renewal, extension, and additional service terms, comprise the entire agreement between you and the Website regarding the use of the Website, superseding any prior agreements between you and the Website related to your use of the Website (including but not limited to any prior versions of this Agreement). Unless otherwise explicitly stated, this Agreement will survive termination of your registration and/or membership with or use of the Website. The failure of the Website to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience of reference only, and will not be deemed to affect the meaning or construction of any of the provisions hereof.
Requests for customer service may be made via either of the following:
1. The contact form
2. By mailing the request to the below address:
Mike Smolev
12400 Ventura Blvd. #657
Studio City, CA 91604
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify the Website’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit the Website to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Mike Smolev
12400 Ventura Blvd. #657
Studio City, CA 91604
This Agreement was last revised on February 4, 2012.
Copyright 2010 Big Hair & Pink Guitars LLC. All Rights Reserved. "JadedLovers;" the JadedLovers logo; "Because Suicide is Just So Final!;" "The Da Vinci of Online Dating Sites;" "100% Actual People. No Robots, No False Members;" "This site contains NO PHONY MEMBERS;" the mask logo; and several other marks and images are registered and/or common law trademarks of Big Hair & Pink Guitars LLC, whether or not identified herein as such, and may not be used without express written consent.