“You”
refers to the user of this website and its related services, and as such you
have gained the right to use this website by respecting the applicable Terms of
Use described in detail below.
Solar Plexus is the exclusive owner and operator of
(the website).
As used in
this Agreement, "we" and "us" means or any successor or assign of
.
"Service(s)" refers to your use of for any purpose
whatsoever.
OVERVIEW
This Terms of Use Agreement (the "Agreement")
sets forth the terms and conditions which apply to your use of the website and all services offered by . By
completing the subscription process you are indicating that you agree to be
bound by all of the terms in this Agreement. Please print and keep a copy of
this Agreement for your records.
We reserve the right, at any time, to change
or modify the terms and conditions applicable to your subscription. Such changes
will become effective upon notification, which we may effect by sending you
notice by email and posting a revised Agreement on this website, which you can
access at any time using the "Terms of Use" link. Your continued use of our
service after notification of such a change has been sent shall be deemed to
constitute acceptance by you of any such changes, modifications, additions or
deletions. You agree to review this Agreement periodically to be aware of any
such revisions.
USE OF COOKIES
We uses cookies to improve user experience and website performance tailored to your interests . Cookies are not strictly necessary for the functioning of our website. By using this website, you agree to our use of cookies. Learn about cookies and how to modify your preferences in your browser.
ELIGIBILITY
You must
be 18 years of age or older to visit or use this website in any manner. By
visiting or accepting these Terms of Use, you represent
and warrant to that you are 18 years of age or older, and that you
have the right, authority and capacity to agree to and abide by these Terms of
Use. You also represent and warrant to that you will use this
website in a manner consistent with any and all applicable laws and regulations.
PRIVACY OF INFORMATION
The Personal
Information Protection Act (“the Act”) regulates the way private sector
organizations within British Columbia, Canada collect, use, keep, secure and
disclose personal information. “Personal Information” means all information
about an identifiable individual. recognizes the importance of
privacy and recognizes the sensitivity of personal information received by us in
the course of offering our service.
We recognize our
professional obligation to maintain the confidentiality of our clients’
information, and recognize our obligations concerning the personal information
of all individuals that we collect, use or disclose in our practice. This policy
has been developed with those obligations in mind.
collects personal information from you in order to create your online dating profile. will not use or disclose your personal information for purposes other than those described in this policy.
may also use third-party companies to provide various services (including but not limited to instant messaging and advertising) when you use this website. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes (including but not limited to age and gender) that you provide in your public profile to display relevant ads to you. is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website.
If we change our privacy policy, we will
notify you.
If you have any questions with respect to our
policies concerning the handling of your personal information, or if you wish to
request access to, or correction of, your personal information under our care
and control, please contact our Privacy Officer at: info@
By issuing
this website you acknowledge that
(a) we
cannot ensure the security or privacy of information you provide through the
Internet and your email messages, and you release us from any and all liability
in connection with the use of such information by other parties;
(b) we are
not responsible for, and cannot control, the use by others of any information
which you provide to them and you should use caution in selecting the personal
information you provide to others through the Service; and
(c) we
cannot assume any responsibility for the content of messages sent by other users
of the Service, and you release us from any and all liability in connection with
the contents of any communications you may receive from other users. We cannot
guarantee, and assume no responsibility for verifying, the accuracy of the
information provided by other users of the Service.
You may
not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you an ID
or nickname that impersonates someone else, is protected by trade-mark or
proprietary law, or is vulgar or otherwise offensive, as determined by us in our
sole discretion.
We do not
share any personal information with third parties, but we may send their
advertising to our members.
USER AGREEMENT
This
Agreement constitutes your agreement with with respect to your use
of the Service. You must agree to abide by all of the terms and conditions
contained in this Agreement in order to become or remain an authorized user of
the Service.
RIGHT TO USE
Your right
to use the Service is subject to any limitations, conditions and restrictions
established by us from time to time, in our sole discretion. We may alter,
suspend or discontinue any aspect of the Service at any time, including the
availability of any Service feature, database or content. We may also impose
limits on certain features and aspects of the Service or restrict your access to
parts or all of the Service without notice or liability.
CODE OF CONDUCT
You agree
to use the Service in accordance with the following Code of Conduct:
a. you
will keep all information provided to you through the Service as private and
confidential and will not give such information to anyone without the permission
of the person who provided it to you;
b. you
will not use the Service to engage in any form of harassment or offensive
behavior, including but not limited to the posting of communications, pictures
or recordings which contain libelous, slanderous, abusive or defamatory
statements, or racist, pornographic, obscene, or offensive language;
c. you
will not forward chain letters through the Service;
d. you
will not use the Service to infringe the privacy rights, property rights, or any
other rights of any person;
e. you
will not post messages, pictures or recordings or use the Service in any way
which
i.
violates, plagiarizes or infringes upon the rights of any third party, including
but not limited to any copyright or trade-mark law, privacy or other personal or
proprietary rights, or
ii. is
fraudulent or otherwise unlawful or violates any law; and
f. you
will not use the Service to distribute, promote or otherwise publish any
material containing any solicitation for funds, advertising or solicitation for
goods or services.
g. you
will not use the Service to distribute or up load any virus, trojan horses or do
anything else that might cause harm to the Service, Solar Plexus or to
other members' systems in any way.
h. you
will not post or transmit in any manner any contact information including, but
not limited to, email addresses, "instant messenger" nicknames, telephone
numbers, postal addresses, URLs, or full names through your publicly posted
information.
MONITORING OF
INFORMATION
We reserve
the right to monitor all advertisements, public postings and messages to ensure
that they conform to content guidelines that are monitored by us and subject to
change from time to time.
REMOVAL OF
INFORMATION
While we
do not and cannot review every message or other material posted or sent by users
of the Service, and are not responsible for any content of these messages or
materials, we reserve the right, but are not obligated, to delete, move, or edit
messages or materials, including without limitation profiles, public postings
and messages, that we, in our sole discretion, deem to violate the Code of
Conduct set out above or any other applicable content guidelines, or to be
otherwise unacceptable. You shall remain solely responsible for the content of
profiles, public postings, messages and other materials you may upload to the
Service or users of the Service.
TERMINATION OF
ACCESS TO SERVICE
We may, in
our sole discretion, terminate or suspend your access to all or part of the
Service 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, or that may
otherwise affect the enjoyment of the Service or the Internet by others may be
grounds for termination of your access to all or part of the Service at our sole
discretion, and you may be referred to appropriate law enforcement agencies.
PROPRIETARY
INFORMATION
The
Service contains information which is proprietary to us, our partners, and our
users. We assert full copyright protection in the Service. Information posted by
us, our partners or users of the Service may be protected whether or not it is
identified as proprietary to us or to them. You agree not to modify, copy or
distribute any such information in any manner whatsoever without having first
received the express written permission of the owner of such information.
NO RESPONSIBILITY
You
acknowledge that we are not responsible for suspension of the Service,
regardless of the cause of the interruption or suspension.
SECURITY
Your
account is private and should not be used by anyone other than you. You are
responsible for all usage or activity on the Service by users using your
password, including but not limited to use of your password by any third-party.
EXTERNAL LINKS
The
Service may from time to time contain links to other Internet sites and
resources ("External Links"). You acknowledge that we are not responsible for,
and have no liability as a result of the availability of External Links or their
contents. We suggest that you review the terms of use and privacy statements of
such External Links prior to using them.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content
distributed by constitutes copyright infringement, please provide
us with the following information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on our
website; your address, telephone number and email address; a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE AND ITS RELATED SERVICES AT YOUR OWN RISK. ’S
SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION UNDER LAW.
PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND
OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND
COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND
OTHER MEANS OF DISTRIBUTION. DOES NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED
ON . DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT
DISTRIBUTED BY IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR
INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR
OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY
MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED,
UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY , OUR PARTNERS OR ANY
USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY
RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING
THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A
BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT DISTRIBUTED BY AS WELL AS ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF
THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY
WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER
SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF
SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY
EXCEED THE SUM OF $100.00 U.S. DOLLARS.
INDEMNITY
You hereby agree to indemnify, defend and hold
harmless and all officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement or
the foregoing representations, warranties and covenants. You shall cooperate as
fully as reasonably required in the defense of any such claim.
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
MISCELLANEOUS
This Agreement represents the entire agreement
between you and regarding the use of our services and supersedes
any other agreement or understanding on the subject matter. This Agreement, your
rights and obligations, and all actions contemplated by this Agreement shall be
governed by the laws of the Province of
British Columbia, Canada. As a
condition of using ’s services, each user agrees that any
and all disputes and causes of action arising out of or connected with , shall be resolved through arbitration, with such
arbitration to be held in Vancouver, British Columbia, Canada
Additionally, except where prohibited by law,
as a condition of using services, you agree that any and
all disputes and causes of action arising out of or connected to our services
shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or
law to the contrary, any claim or cause of action arising from or related to the
use of must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The failure of either party
to exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
If any provision of this Agreement is found to
be unenforceable or invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement shall otherwise remain in
full force and effect and be enforceable. This Agreement is not assignable,
transferable or sublicensable without the prior written consent of .
may assign this Agreement in whole or in part. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement. Headings are for convenience only and have no legal or contractual
effect. All notices under this Agreement shall be in writing and shall be deemed
to have been duly given when receipt is electronically confirmed, if transmitted
by facsimile or email or upon receipt, if sent by certified or registered mail,
return receipt requested.
FEE FOR SERVICES
In addition to the free services provided on the Web site, certain services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply
PRIVACY OF FINANCIAL INFORMATION
will use the credit card information you provide to bill you for goods and services. By registering for a for-fee service and providing your credit card details, you agree to be billed by us for your for-fee service in advance.
will not share your financial information with third-parties, except as necessary to process your payment. By providing your credit card details to us, you consent to and authorize us to provide your credit card details to such credit card processors and financial institutions as are necessary to process your payment.
TERMINATION OF SERVICES FOR NON-PAYMENT
Where payment is required for a service and we are unable to charge your credit card for any reason, we may discontinue any and all service to you either temporarily or permanently.
CANCELLATION OF SERVICES
You may request cancellation of services of any service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.
MODIFICATIONS
We may
modify this Agreement from time to time. Notification of changes in this
Agreement will be posted on the Service or sent via electronic mail, as we may
determine in our sole discretion. If you do not agree to any modifications, you
should terminate your use of the Service. Your continued use of the Service now,
or following the posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or any subsequent
modifications.
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 Service, or of any related products and
services. We reserve the right to disclose information about your usage of the
Service and demographics in forms that do not reveal your personal identity.
