This online and mobile phone service is a way for
individuals to meet and communicate with each other (the "Service").
The Service is provided by BluePont, Inc.
This legal agreement is made between You and Us
("Agreement"). This Agreement applies to all of Our sites that are
offering the Service. Please read this Agreement carefully before registering
for the Service. By registering for the Service, You become a member (a
"Member"), and You agree to be bound by the terms and conditions of this
Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE
BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED
TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS
AGREEEMENT ON THE SERVICE.
In this Agreement the following words have the following
meanings unless the context requires otherwise:
"Agreement" means the agreement
between You and Us incorporating these terms and conditions for the provision
of the Service, as amended from time to time in accordance with the terms and
conditions set forth herein;
We, Us, Our" means the Service;
and
"You, Your, Yourself" means the
person who registers for the Service, accepts the terms and conditions of this
Agreement and whose application for membership of the Service is accepted by
Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS.
By becoming a Member, You represent and warrant that You are at least 18 years
old. By using this Web site, You represent and warrant that You have the right,
authority and capacity to enter into this Agreement and to abide by the terms
and conditions of this Agreement. Your membership for the Service is for Your
sole, personal use. You may not authorize others to use Your membership and You
may not assign or otherwise transfer Your account to any other person or
entity.
REGISTRATION AND SUBSCRIPTION: You may
register as a Member and use majority of available features of the Service for
free, at no cost charged to you by BluePont. However, certain features of the
Service and BluePont Mobile application are available only to paying subscribers.
In order to utilize these features You must become a subscriber and pay the fees
that are set out. This price list is part of this Agreement And We reserve the
right, at any time, to change any fees or charges for using the Service.
Currently, subscription fees are $8.95 per month, $14.95 for two months or $19.95 for a three-months period.
You may, however, depending on the terms of your Internet access service
and your mobile phone service, incur extra charges for the additional traffic
you generate over the Internet by using BluePont website and for the additional
data traffic BluePont Mobile application generates when it periodically
exchanges data over the Internet with the BluePont server.
When you specify your phone and phone company
and are provided with instructions on how to download BluePont Mobile software,
you are given an estimate for the amount of the monthly data transfer that your
phone's version of BluePont Mobile will generate.If you currently have or will arrange to have
a plan with your phone company which provides for an unlimited data transfer
for a fixed monthly fee (commonly known as unlimited data plans), you will
not incur any additional mobile charges.
If you do not have an unlimited data plan, you can estimate your extra
charge by multiplying the number of Kilobytes of data (presented to you along
with the instructions on how to download BluePont Mobile) by the cost your
phone company charges per Kilobyte, either starting with the very first
Kilobyte of transfer, or with each Kilobyte above a threshold, or based on some
other schedule. We do reserve the right
to introduce BluePont fees in the future, at Our sole discretion, in which case
Members will be notified and will either choose to make an appropriate payment
or will have the paid features of the Service disabled. Presently all features of the Service are
free. When and if You register to become a Member, You agree to provide
accurate, current and complete information about Yourself as prompted by Our
registration form ("Registration Data"), and to maintain and update
Your information to keep it accurate, current and complete. You agree that We
may rely on Your Registration Data as accurate, current and complete. You
acknowledge that if Your Registration Data is untrue, inaccurate, not current
or incomplete in any respect, We reserve the right to terminate this Agreement
and Your use of the Service.
TERM AND TERMINATION: This Agreement will
remain in full force and effect while You use the Service and/or are a Member.
You may terminate your membership at any time, for any reason by following the
instructions on the Member Services page of the Service, or upon receipt by Us
of Your written or email notice of termination. Either You or We may terminate
your membership by removing your profile, at any time, for any reason, with or
without explanation, effective upon sending written or email notice to the
other party. We determine, in our sole discretion, that You have violated this
Agreement. Even after membership is terminated, this Agreement will remain in
effect.
PROPRIETARY RIGHTS: You represent and
warrant to Us that the information posted in Your profile including Your
photograph are posted by You and that You are the exclusive author of Your
profile and the exclusive owner of Your photographs. You assign to Us, with
full title guarantee, all copyright in Your profile and your photographs
posted, at any time, in connection with Your use of the Service. You waive
absolutely any and all rights to be identified as author of Your profile and
owner of Your photograph and any similar rights in any jurisdiction in the
world. In addition, other Members may post copyrighted information, which has
copyright protection, whether or not it is identified as copyrighted. Except
for that information which is in the public domain or for which You have been
given express written permission, You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information. By
posting information, photographs or content on any Service, You automatically
grant, and You represent and warrant that You have the right to grant, to Us
and other members, free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, copy, perform, display,
promote, publish and distribute such information, content and photographs and
to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You
agree that:
(1) You will use the Service in a manner consistent with
any and all applicable laws and regulations. You will not include in Your
profile any telephone numbers, street addresses, last names, URL's or email
addresses, other than where You are specifically asked for such information in
the Confidential Personal Information section of the Service. You will not
engage in advertising to, or solicitation of, other members to buy or sell any
products or services through the Service. You will not transmit any chain
letters or junk email to other members. You are solely responsible for Your
interactions with other members. We reserve the right, but have no obligation,
to monitor and/or mediate disputes between You and other members.
(2) You are solely responsible for the content or
information You publish or display (hereinafter, "post") on the
Service, or transmit to other members. You will not post on the Service, or
transmit to other members or to Us or Our employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented,
threatening, harassing, racially offensive, or 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 in Your profile any offensive anatomical or sexual
references, or offensive sexually suggestive or connotative language, and You
will not post any photos containing nudity or personal information. We reserve
the right, but We have no obligation, to reject any profile or photo that does
not comply with the prohibitions set forth in this section and, to the extent
that We determine, in Our sole discretion, to do so, You shall not be entitled
to a refund of any unused subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are
designed to make your experience enjoyable. By becoming a member, You agree to
accept and consent to receiving email or SMS communications initiated from Us
or through Us including, without limitation: message notification emails, Your
Match emails, emails informing you about events and parties We organize, emails
informing You of promotions We run and emails informing You of changes to the
Service. Should You not wish to receive any of Our emails, You can unsubscribe
in any of our e-mails in a customary fashion, and cease to receive any e-mail
communications from us.Similarly, you
can unsubscribe in any SMS received from us and thus cease to receive any SMS
communications from us.
(4) You agree that We have no responsibility or liability
for the deletion, corruption or failure to store any messages or other content
maintained or transmitted by Our Service. You acknowledge that features,
parameters or other services We provide may change at any time. You acknowledge
that We reserve the right to sign out, terminate, delete or purge Your account
from the Service if it is inactive. "Inactive" means that you have
not signed in to the Service for a particular period of time, as determined by
Us, in Our sole discretion (currently, we consider an account to be Inactive
after 12 months).
We are entitled to investigate and terminate Your
membership if You have misused the Service, or behaved in a way which could be
regarded as inappropriate, unlawful or illegal. The following is a partial, but
not exhaustive, list of the types of actions that are illegal or prohibited
under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by
Us, without Our specific prior written consent.
(d) You will not use 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 Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or
networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the
Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in order to
direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or any
software used on or for the Service or cause or enable others to do so.
SUBSCRIPTIONS; CHARGES TO YOUR ACCOUNT
(a) General. BluePont bills you through an online account (your "Billing Account") for use of the Service. You agree to pay BluePont all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize BluePont to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. BluePont reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Our subscription plan to the Service consists of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. BluePont MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY BluePont) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BluePont REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY BluePont IF YOUR PAYMENT METHOD IS CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE BluePont ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT BluePont MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY BluePont).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If BluePont does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and BluePont shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that BluePont may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your BluePont subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that BluePont is authorized to charge your Payment Method. BluePont may submit those charges for payment and you will be responsible for such charges. This does not waive BluePont's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when
INDEMNITY BY MEMBER: You will defend,
indemnify, and hold Us and Our officers, directors, employees, agents and third
parties harmless, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of Your use of the
Service, including:
(I) Your breach of this Agreement; (II) any allegation
that any materials that You submit to Us or transmit to the Service infringe or
otherwise violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; and/or (III) Your activities in
connection with the Service. This indemnity shall be applicable without regard
to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice,
statements, offers, or other information or content made available through the
Service, but not directly by Us (by way of example, without limitation, press
articles and news reports) are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible for such
content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO
MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE
THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES,
OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS
RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS
SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE
GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY
APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual
property rights in and to the Service are and shall be owned by Us,
absolutely. Those rights include, but are not limited to, database
rights, copyright, design rights (whether registered or unregistered),
trademarks (whether registered or unregistered) and other similar rights, wherever
existing in the world, together with the right to apply for protection of the
same. All other trademarks, logos, service marks, company or product names set
forth in Service are the property of their respective owners.
PRIVACY: The personal information
(including sensitive personal information) You provide to Us will be stored on
computers. You consent to Our using this information for statistical analysis
and to allow You to participate in the Service. You also agree to read, review,
comply with, uphold and maintain Our terms and conditions thereof. If you are
located outside of the United States, please note that the information that you
provide is being sent to the United States. By becoming a member of the
Service, you consent to your data being sent to the United States and to such
other third parties and jurisdictions as may be involved in the provision and
operation of the Service.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN
"AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED,
IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR
OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL
BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE
CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO,
CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and
conditions, We cannot guarantee that each member is at least the required
minimum age, nor do we accept responsibility or liability for any content,
communication or other use or access of the Service by persons under the age of
18 in violation of this Agreement. Also, it is possible that other members or
users (including unauthorized users, or "hackers") may post or
transmit offensive or obscene materials on the Service and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
remotely possible for others to obtain personal information about You, through
hacking or theft, due to Your use of the Service, and that the recipient may
use such information. We are not responsible for the use of any personal
information that You disclose on the Service. Please carefully select the type
of information that You post on the Service or release to others. WE DISCLAIM
ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF
OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR
OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL
WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES,
DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF
THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF
COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS
INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION,
PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint
regarding the Service, You should first contact Our customer service department
by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is
governed by the laws of the State of California without regard to its conflict
of law provisions. You agree to personal jurisdiction by and venue in the state
and federal courts of the State of California, City of Los Angeles.