Terms of Use - Last update June 10, 2009
This is the web site of OnSpeedDating.com
Welcome to OnSpeedDating.Com, the NY service for single adults to meet each other in order to hopefully create an initial connection that could potentially lead to a long-term relationship. Registering for an On Speed Dating event automatically creates a profile for you at Kissburg.Com, our free, on-line dating site.
By using the On Speed Dating and Kissburg services and websites, you agree to be bound by Terms Of Use (the below "Agreement"). If you wish to become a Member and make use of the On Speed Dating and Kissburg service (the "Service"), please read the below Terms of Use. If you object to anything in this Agreement or in the On Speed Dating/Kissburg Privacy Policy, do not use these Websites or the Services. Terms of Use are subject to change by On Speed Dating/Kissburg at any time, effective upon posting on the On Speed Dating/Kissburg websites. Your use of the Service and Websites after such update will constitute acceptance and agreed upon compliance by you of such changes.
DISCLAIMER:
Our mission is to get you out from behind the computer and in front of as many singles as possible at some of the hottest venues in the city. On Speed Dating and Kissburg are not matchmaking services, nor do they have the capability to screen and/or do background checks on individuals registering to become members and/or attend their events. Personal information such as age, marital status, height, income, employment, etc. are not verified by On Speed Dating/Kissburg, it is therefore up to you to assess and confirm individuals background information to your own comfort level.
By registering for an On Speed Dating event, you are agreeing that On Speed Dating is not liable for any damages (direct or indirect) that may arise in any way out of a singles event or party. Including, but not limited to, damages resulting from communicating (in any form), meeting and/or dating other individuals attending events sponsored by and/or affiliated with On Speed Dating.
TERMS AND CONDITIONS:
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This is a legal agreement ("Agreement") between you and On Speed Dating. As part of your registration for an On Speed Dating event you must consent to the fact that you have read and fully understood the terms and conditions of this Agreement (the "Terms"). By registering for an event, you become a member of On Speed Dating and Kissburg (a "Member") and therefore agree to be bound by the Terms of this Agreement for as long as you decide to continue your membership. If you disagree to anything in this Agreement or within the On Speed Dating and/or Kissburg Privacy Policy, do not use the Websites or the Service. The Terms of Use are subject to change by On Speed Dating/Kissburg at any time, effective upon posting on the On Speed Dating/Kissburg websites. Your use of the Service and Websites after such updates will constitute acceptance and agreed upon compliance by you of such changes.
PARTICIPANT ELIGIBILITY: (Minors May Not Attend On Speed Dating Events)
You must be at least twenty-one (21) years of age and single or separated from your spouse to register to attend an On Speed Dating event. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the authority and capacity to enter into this Agreement and agree to adhere to all of the terms and conditions of this Agreement.
MEMBERSHIP AND COST:
You may become a Member of the On Speed Dating/Kissburg service at no cost, however to attend a speed dating event or singles party you will need to register and pay the listed cost to attend the event. Prices may vary depending on the type event. For event descriptions and pricing, please refer to the website. On Speed Dating/Kissburg reserves the right to remove the profiles of members that have not accessed their account in 180 days.
APPROPRIATE ONLINE CONDUCT:
As a Member of On Speed Dating and Kissburg, you agree to adhere and abide by the below statements:
You are solely responsible for the content you publish or display (hereinafter, "post") on your On Speed Dating and Kissburg profile, or any correspondence you send to other On Speed Dating/Kissburg Members.
You are solely responsible for any and all correspondence, communication and interaction you partake in with other On Speed Dating/Kissburg Members. On Speed Dating/Kissburg maintains the right, yet has no obligation, to track and/or intervene/mediate disputes between you and other Members.
You will not include in your profile any phone numbers, street addresses, last names, URL's or E-mail addresses other than where it is requested for in the Confidential Personal Information section.
You will not post on the On Speed Dating/Kissburg Websites, or send to other On Speed Dating/Kissburg Members, Affiliates, Partners or Employees, any misleading, inaccurate, defamatory, abusive, offensive, illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not include any offensive sexual references, or suggestive verbiage in your profile, and you will not upload and display any photos containing personal information, nudity or inappropriateness. On Speed Dating/Kissburg maintains the right, but has no obligation, to reject any profile or photo that does not follow the set forth guidelines.
You will not advertise to, or solicit other members to buy or sell services or products through On Speed Dating/Kissburg. You will not send chain letters, spam and/or junk mail to other On Speed Dating/Kissburg members. In order to protect our members against this type of harassing conduct, On Speed Dating/Kissburg has imposed a 25 same message-per-day limit. Exceeding the message-per-day limit could result in the temporary suspension and/or termination of your account.
You will not post, distribute or reproduce and/or copy in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
PROHIBITED SITE ACTIVITY:
On Speed Dating/Kissburg reserve the right to investigate and cancel your membership if you have used the Service, or acted in a way which could be construed as inappropriate or illegal. The following is a partial list of some of the actions that you may not engage in while a Member of the Service. You will not:
• impersonate any person or entity or commit fraud
• misrepresent yourself or another individual or entity
• harass or "stalk" any other members, employees or affiliates
• use robot, spider, site search/retrieval application, or any other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation or contents of the Service.
• email or post any material that contains viruses or any other computer codes, files or programs designed to interrupt, destruct or inhibit the functionality of any computer software or hardware or telecommunications equipment.
• imitate/forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• "frame" or "mirror" any part of the Service or the Website. You will also not use meta tags or code or other devices containing any reference to On Speed Dating/Kissburg or the Service or the site in order to direct any person to any other web site for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service.
ACCOUNT SECURITY:
Your On Speed Dating/Kissburg membership is only existent for your personal use. You may not authorize or knowingly allow other individuals to use your membership, and you may not share or transfer your account to any other person or entity. You are responsible for logging out of your account if your computer is accessible to others.
AGREED UPON TERMS:
This Agreement will remain in effect while you continue to be a Member of On Speed Dating and Kissburg. Either you or On Speed Dating/Kissburg may cancel your membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. On Speed Dating reserves the right to immediately suspend and/or terminate your access to any On Speed Dating event, without notice, upon any breach of this Agreement by you which is brought to the attention of On Speed Dating. All decisions regarding the termination of accounts shall be made based upon the sole discretion of On Speed Dating/Kissburg. On Speed Dating/Kissburg is not required to provide you with any notice before terminating your membership, nor do they need to provide a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect indefinitely.
DISCLAIMERS (LIABILITY) AND RELEASE:
You, the individual hereby understand and acknowledge that by using the On Speed Dating and Kissburg Websites and attending On Speed Dating events that your e-mail address, first name, age and certain other profile information could be seen by other Members. On Speed Dating and Kissburg do not have the ability or responsibility to conduct background checks on any of its Members. On Speed Dating does not screen members registering for events offered by On Speed Dating in any way, nor does it validate information provided by its members. Therefore, On Speed Dating/Kissburg is not liable for the validity and accuracy of such information. You agree to release On Speed Dating/Kissburg from any liability and assume the full responsibility and risk with respect to any individual you meet at an On Speed Dating event or through the Kissburg website. On Speed Dating/Kissburg will not be liable for any damages, direct, indirect, incidental and/or consequential, coming out of the use of this service and/or attendance at On Speed Dating events, including, but not limited to damages arising out of communicating and/or meeting with and/or dating and/or fraternizing with other members of this service or attendees at these events. Such damages include, without limitation, physical damages, bodily harm and/or emotional strain and duress.
All attendees at On Speed Dating events understand and agree that On Speed Dating provides an effective way to meet many new people in a short amount of time. On Speed Dating does not guarantee that any attendees will successfully hit it off resulting in a "match". Futhermore, On Speed Dating does not guarantee that any "match" between participants will result in a date or long-term relationship.
It is understood and acknowledged that On Speed Dating events are held at venues of which On Speed Dating has no control or responsibility. Therefore, if you were to become injured or suffer damages to any extent at an On Speed Dating event, you agree to release On Speed Dating from any and all liability.
It is highly encouraged that you take the same precautions and have the same reservations you would normally take and have in meeting any new person in order to assure your safety and well-being.
MEMBER INDEMNITY:
You agree to defend, indemnify and not hold accountable in any way, shape or form On Speed Dating and Kissburg, its partners, affiliates, employees, agents and third parties, for any liabilities, losses, costs, and expenses (including reasonable attorneys' fees) in relation to or as a result of your use and participation in the On Speed Dating and/or Kissburg services and/or events, including any violation by you of the terms of this "Agreement".
TRADEMARK , OWNERSHIP AND COPYRIGHTS
All content of this web site is owned and the sole property of On Speed Dating and Kissburg. On Speed Dating and Kissburg are Corporations falling under the laws and policies of the State of New York and are registered and qualified to do business in New York State.
You may not duplicate, alter, distribute, transfer, display, perform, reproduce, publish, license, copy, create derivative works from, transfer, or sell any information, products, services, event themes, ideas or any portion of any material obtained from these web sites, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of On Speed Dating and/or Kissburg.
All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the "Intellectual Property') used on the web sites are owned by On Speed Dating and Kissburg. Nothing contained or featured on these websites should be interpreted as permitting, by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the written permission of On Speed Dating and/or Kissburg. Any unauthorized use by you may result in the immediate termination of your right to use these sites and to participate in On Speed Dating events and could result in legal action.
ACCESS AND USAGE
You are granted access to make personal use of this site, however, you are not allowed to download or modify any portion of these sites, without the express prior written consent of On Speed Dating and/or Kissburg.
Any unauthorized use by you may result in the immediate termination of your right to use these sites and to participate in On Speed Dating events and could result in legal action.
LIMITATION OF LIABILITY
On Speed Dating and Kissburg assume no responsibility and will not be liable or accountable for any damages or viruses that may negatively impact your computer or other property on account of your access to, use of and/or browsing of this website or your downloading of materials, text, images, audio or video from this site.
ONLINE CONTENT WARNINGS:
Articles, advice, opinions, statements, quotes, advertisements, offers, or other information or content made available through On Speed Dating and Kissburg, but not directly by On Speed Dating and Kissburg, are those of their respective authors, and should not necessarily be depended upon or deemed accurate. Such authors are entirely accountable for such content. On Speed Dating/Kissburg does not guarantee the validity, or usefulness of any such information on the site and neither adopts nor warrants nor is responsible for the accuracy or reliability of any opinion, advice, quote or statement made by parties other than On Speed Dating/Kissburg. Under no circumstances will On Speed Dating/Kissburg be responsible for any damage or loss resulting from anyone's dependence on information or other content posted on OnSpeedDating.Com/Kissburg.Com or distributed to these site's members.
There is always the possibility that other On Speed Dating/Kissburg Members or users (including unauthorized users, or "hackers") may post or email offensive or obscene materials on the On Speed Dating/Kissburg service and that you may be, without consent, exposed to offensive and/or soliciative material. On Speed Dating/Kissburg are not responsible for the use of any personal information that you disclose in your profile or public forums. Please cautiously evaluate the type of information that you post on the On Speed Dating/Kissburg service or release to others prior to doing so. On Speed Dating/Kissburg reserves the right, but has no obligation, to review and monitor materials posted in the public areas of the On Speed Dating/Kissburg service. On Speed Dating/Kissburg oversees the right to delete any such material that in its opinion violates, or is alleged to violate, the law or this agreement. Notwithstanding this right of On Speed Dating/Kissburg, you remain solely responsible for the content of the materials you post in the public areas of the site and in your private e-mail messages to other members. E-mails sent between you and other Kissburg members will be treated as private to the extent required by applicable law.
LINKS TO OTHER SITES
This website may provide, or third parties may provide, links to other websites and/or resources. These links are provided to you as a courtesy and not as a validation by On Speed Dating/Kissburg of such other web sites. On Speed Dating has no control over such sites and therefore is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in conjunction with your use of or dependence on any such content, goods or services available on or through any such sites or resources. If you would like to access other web sites, do so at your own risk.
DISPUTES AMONGST MEMBERS AND EVENT ATTENDEES
You are solely responsible for your interactions and communications with other participants at On Speed Dating events and via email through the Kissburg Website. On Speed Dating/Kissburg reserves the right, but has no obligation, to track and/or resolve disputes and/or grievances between you and other attendees.
MEMBER SUPPLIED INFORMATION:
On Speed Dating/Kissburg will maintain and uphold the confidentiality of any and all information supplied by you to On Speed Dating/Kissburg, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detail regarding confidentiality.
Please Contact us at contact@OnSpeedDating.com with any questions or concerns regarding this Agreement.
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