TERMS AND CONDITIONS OF MEMBERSHIP
<%footer%>YOU MUST READ AND AGREE to the terms and conditions of this Membership Agreement before You can become an active member of BIG-DATE.COM (hereafter collectively and individually referred to as the "Website"). Please read each of these terms and conditions carefully.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION The parties to this Membership Agreement (the "Agreement") are You, the Member, and BIG-DATE.COM (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to You, the member.
1.1 By accessing the members-only materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to become a member of Website, and agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by Your use of the Members area) and the payment of all required membership fees, the Company agrees to provide to You all the privileges of Membership including access to the Members-only materials at the Website which are available to a Member in good standing.
1.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.4 Any action on Your part to Bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years if age or of the age of majority under the laws of Your state, province or country.
2. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
2.2 YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES A UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITE AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
2.3 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
3. MEMBER's CODE OF CONDUCT. You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your membership in the Website for violating these provisions:
3.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Website to infringe the privacy rights, property rights, or other civil rights of any person;
3.3 You will not post messages or use the Website in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law; and
3.4 You will not use the Website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind.
4. GRANT OF LIMITED LICENSE WITH RESERVATIONS. You acknowledge and agree that all materials contained at the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Website only as authorized by the Company.
4.1 You acknowledge that You understand that the Company does not authorize access to any part of the Website in any manner contrary to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company does not authorize access to any parts of the Website in any manner which bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs, videoviewers or other materials inside the Website or directly access files designated as part of the Website except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.5 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Website in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
5. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:
5.1. All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
5.2. All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
6. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
7. FEES AND CHARGES. You agree to pay all of the following fees and charges:
7.1. Periodic Membership or Subscription Fees for access to the big-date.com Website (with additional access granted to the other Websites for no additional charge) according to the then current billing terms. Membership and Subscription fees are non-refundable.
7.2. Other fees and/or charges for goods and services ordered at, through and/or from the Website.
7.3 You hereby agree that payment for the appropriate services, including Membership or Subscription fees, may be made by automatic credit card debit. You further agree that Your Membership or Subscription will, if you chose, be automatically renewed by the Company, or its authorized agent, for additional renewal periods equal to the original term of Your Membership or Subscription unless and until You have previously notified the Company's Customer Service, via email, of Your desire to CANCEL Your membership within the required period of time prior to expiration of the then-current Membership or Subscription period, as set forth in the Terms and Conditions.
8. TRANSFER OR ASSIGNMENT OF MEMBERSHIP. You agree that as a Member You shall not, under any circumstances, have the right to transfer or assign Your membership to any other person or entity, and that any attempted transfer or assignment of a membership shall be void.
8.1. Your further agree that the Company, may at any time at its sole discretion and without prior notice to You, transfer or assign Your membership in the Website to an affiliated or non-affiliated Company.
8.2 You further agree that as a member, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to the Website or other goods or services obtained in, at or through the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. Until Company is notified of a such loss, theft, changes in expiration dates or billing, or breaches in security by electronic mail at webmaster or by conventional mail at BR, 676A Ninth Avenue #346, New York, NY 10036 .
8.3 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
9. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD? FRAUDULENT USE OF CARD. Payment for the services provided to You at, and/or through the Website may be made by automatic credit card debit and You hereby authorize Company and its agents to transact such payments on Your behalf.
9.1 Unless and until this agreement is cancelled in accordance with the terms hereof, You hereby authorize the Website to charge Your credit card (or other approved facility) to pay for the ongoing cost of membership. You hereby further authorize the Website to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by the Website.
9.2 You further agree that as a member, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to the Website or other goods or services obtained in, at or through the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of the Website or any of its services, until You have notified Company's Customer Service of a such loss, theft, changes in expiration dates or billing, or breaches in security by electronic mail at webmaster or by conventional mail at BR, 676A Ninth Avenue #346, New York, NY 10036 .
9.3 You agree not to report as lost or stolen any credit card which You have used in conjunction with payment to the Website, or as unauthorized any charge by the Website, for any goods or services, including membership fees, which You do not have good reason to believe is, in fact, lost, stolen or unauthorized.
9.4 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
9.5 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
Payment of Charges.
10. TERMINATION OF MEMBERSHIP. Membership to the Website may be terminated at any time, and without cause, by either Company or Member, subject to the cancellation policy and procedures set forth in this Agreement. You agree to be personally liable for all charges incurred by You during or through the use of the Website. Your liability for all charges incurred during Your Membership term shall continue after termination, for any reason, of Your membership..
11. PASSWORD SECURITY. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. Each Member must keep his password strictly confidential. For security reasons, the Website will not release passwords. Unauthorized access to the Website is a breach of this Agreement and may be a violation of law. You acknowledge and give Your permission to the Company to collect statistical information on Your source Internet Provider address, and agree that if You share Your unique Login name and/or my Password with another individual that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind.
12. LIMITED GRANT OF LICENSE. Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized Member use of the Website which Company provides during the period in which You are a current Member in good standing. You may use the Materials only in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by the Website, You may make only a single copy of such Materials for Your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind.
13. COMPANY'S PROPRIETARY RIGHTS TO CONTENT. Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through the Website are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Website, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Website are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Website shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Member in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession.
14. LIMITATIONS ON COMPANY'S LIABILITY.
14.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any any other means, resulting from a personal ad placed or responded to, or messages or communications sent or received by Members through the Website, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Website does not screen any Members or users of the Website, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of Members or users of the Website; You further acknowledge and agree that the Website does not endorse, encourage, recommend or arrange communications or meetings among Members or users of the Website, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom you have communicated through the use of the public areas or chat areas of the Website, or through personal ads posted on the Webstie.
14.2 You agree that Materials and all other services provided to You by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Members, or their suppliers, licensees, resellers or Members be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Materials or from any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
14.3 Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
14.4 Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Website.
14.5 No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Website, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
14.6 You acknowledge that use of the Website is at Your own risk. We do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website or by an user of the Website or any other person or entity.
15. DISCLAIMER REGARDING THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
15.1 You acknowledge that You understand that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the website, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Website;
15.2 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties;
15.3 You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by users of the Website, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Website.
15.4 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, and that consequently You release us from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other users of the Website.
15.5 You further acknowledge that You understand that we do screen or endorse advertisements or communications submitted to the Website by third-party licensees, advertisers, or Members for electronic dissemination through the Website. Members are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
15.6 Some of the content of the Website might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party websites that may provide content to the Website. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content.
16. INAPPROPRIATE USE OF CHAT OR PUBLIC AREAS. If the Website enables Members or Subscribers to share information with other Subscribers through the use of Chat rooms, Public Areas or other means of communication among Members, You agree and warrant that You shall not submit, publish, or display on the Website any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Website in violation of this agreement and warranty.
16.1 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right, in our sole and absolute discretion, but are not obligated to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
16.2 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
16.3 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website or users of the Website and that we may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at our sole discretion, and You may be referred to appropriate law enforcement agencies.
16.4 You agree not to engage in advertising to, or solicitation of other Members or Subscribers to buy or sell any products or services through the Website without prior written consent. You acknowledge and agree that You are solely responsible for any information You send, or display through the Website even if a claim should arise after termination of service.
17. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
18. TRADEMARK AND SERVICE MARK. big-date.com is a service mark of BR. No use of this mark shall be permitted except through the prior written authorization and permission of BR. All rights reserved.
19. PRIVATE USE OF MATERIALS. All materials included at the Website are for the private use by Members only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.
20. DISCLOSURE AND OTHER COMMUNICATION. We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Website, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Website and demographics in forms that do not reveal Your personal identity.
21. YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM US. You hereby grant us the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your acceptance of membership to the Website as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails even after Your termination of membership until You specifically notify us that You wish us to stop sending You said emails.
22. LIABILITY OF MEMBERS FOR INFORMATION THEY POST. If the Company should at any time provide any service which enables Members to communicate with or otherwise share information with other Members or persons providing any kind or service to Members, or post information at, in or on the Website. You agree that while connected to or otherwise directly or indirectly using the Website or other services provided to You by Company You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate You membership and Your rights to access to the Website.
22.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
22.2 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Members who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
23. NOTICES TO COMPANY OR MEMBERS. Notices from the Website to Members may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
23.1 All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at the webmaster contact page.
23.2 All questions, complaints, or notices to Company by conventional mail must be sent to Customer Service at BR, 676A Ninth Avenue #346, New York, NY 10036.24. REGARDING SUBMISSIONS YOU AGREE: That you have voluntarily submitted materials to Big-Date.com (referred to as Website) for its inclusion and display on its Website (referred to as the "Works") on the terms and conditions set forth in the Website Submission Agreement and that you acknowedge that you have read all those terms and conditions and agree to each and every one of those terms and conditions.
24.1 That You did not copy or plagiarize any work of another person or persons in preparing any of the Works;
24.2. That all Works are original, and to Your knowledge no use of any or all Works or Derivative Works by Website shall infringe upon any copyright, trademark right, right of publicity, right of privacy or any other proprietary or personal right of any person(s), entity or entities;
24.3 That you possess all the intellectual property rights to the Works, including without limitation, all copyright, trademark, tradename and model releases of all persons appearing in said Works which permit the use of their names and likeness, including waivers of all necessary rights of publicity and privacy, and that You have the full legal authority to grant to Website any license or licenses referred to in this Agreement regarding the Works;
24.4. That you grant Website the absolute right to alter and modify the Works in any way that Website chooses and to create Derivative Works based on the Works, without prior notice to You and without Your prior inspection and approval, and to use, display, publish, broadcast, transmit, communicate, perform and disseminate said Works and Derivative Works over the Internet;
24.5. That You are an adult and have reached the age of majority in Your state, country or province; that You have the right to contract in Your own name; that You are free to enter into and execute this Agreement and to grant the rights set forth herein; and that You have made no other agreements, obligations, commitments or legal encumbrances that might prevent or interfere with the rights and license which You have granted to Website, herein, or that might prevent Website from freely using the Works as provided in this Agreement;
24.6. That all persons appearing in the photographic matter (including you) which you have submitted to Website were over the age of eighteen (18) at the time that said persons were photographed, filmed or videotaped in connection with the creation or production of the Works; that any identification and/or age verification documentation of the persons depicted in the photographic matter which You have presented to Website is valid, authentic and real; that the information contained therein is true and accurate; and that said documentation was issued to by the authority whose name appears on the document;
24.7. That no Works contain any visual depictions of persons which are intended or which would reasonably suggest to a viewer of such depictions that the person or persons depicted therein is a minor;
24.8. That the Works : (a) contain no matter that is libelous, obscene or otherwise contrary to law; (b) do not involve depictions of actual sexual activity; (c) have not at any time been the subject of any prosecution, investigation or civil action by any party or governmental agency; and (d) comply with contemporary community standards in all the areas of anticipated publication, broadcast, transmission, communication, display, performance, dissemination and sale;
25. You acknowledge and agree that Website shall not be responsible or liable to You in any way for any damage or injury which you may sustain, including without limitation any physical damage or injury of any kind, from any communication, contact or meeting, whether in person, by telephone, email or by or through any other means, resulting directly or indirectly from any Works which you have submitted to the Company or Website for posting on the Website, or from a personal ad placed or responded to, or from messages or communications sent or received by You or other persons through the Website, or by or through any other use, directly or indirectly, of the Website.
25.1 You further acknowledge and agree that the Company and the Website does not screen any Members or other users of the Website, has no control over their actions and makes no representations or warranties whatsoever with respect to the character, safety, identity, veracity, age, health or any other attribute of Members or other users of the Website;
25.2 You further acknowledge and agree that the Company and the Website does not endorse, encourage, recommend, promote or arrange communications or meetings among or between Members or other users of the Website, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You unilaterally choose to communicate with, or meet with any person with whom You have communicated through the use of the public areas or chat areas of the Website, or through personal ads or other Works posted on the Website.
26. That you agree to indemnify and hold Big-Date.com and Website harmless from any breach of any representations and warranties made by you to the Big-Date.com.27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Member and Company regarding Members' use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
27.1 You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail.
28. VENUE AND JURISDICTION. This Agreement shall be governed by and construed under the laws of the State of New York and the United States as applied to agreements between New York state residents entered into and to be performed within the State of New York, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement, You agree that the venue for such litigation shall be, depending on the subject matter of the dispute, either in the New York State Courts or the Federal District Court whose venue includes New York City, New York. You hereby consent and stipulate to the jurisdiction of said State and/or Federal District Court.
29. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
30. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions by USE OF THE WEBSITE and by authorizing the use of Your credit card for payment of charges and fees for You maintaining a membership to the Website and for any other charges which You may incur for goods or services ordered at or in association with the Website.