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ACCEPTANCE OF TERMS OF SERVICE
This Agreement page states the "Terms and Conditions" under which you may use
this personals service (“Personals” or “Personals Service(s)”), or through a
network of online areas developed, hosted and maintained by Yojam
LLC. (each a “Partner Personals Area” and, collectively, the
“Partner Personals Areas”), each of which is linked from websites owned or
maintained by various Yojam LLC. third party affiliates (each a “Partner” and,
collectively, the “Partners”)(for purposes of these Terms of Service, the term
“Partner(s)”shall include DateOwl.com) which is powered, hosted and maintained
by Yojam LLC Please read this Terms and Conditions Agreement page
carefully. Any uses of these personals service (“Personals” or
“Personals Service(s)”) or related services indicate your acceptance to be
bound by these terms and conditions. If you do not accept the Terms
and Conditions stated here, do not use this personals service or related
services. By using this personals service or related services, you
are indicating your acceptance to be bound by the terms of these Terms and
Conditions. Yojam LLC (the "Company") may revise these Terms and
Conditions at any time by changing this web page. These Terms and
Conditions are herein binding. You should visit this page
periodically to review the Terms and Conditions, because they are binding on
you. The terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this web site and services for any
reason.
We reserve the right at any time to:
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Change these terms and conditions
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Change and alter this Site, including eliminating or discontinuing any content,
service or feature of this Site, restricting the hours of availability or
limiting the amount of use permitted
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Change any fees or charges for use of the Site, including
instituting new or increased fees or charges for the use of the Site or any
other Site-related service, content or any feature thereof.
You acknowledge that the Site could include inconsistencies, inaccuracies,
errors or materials that violate these Terms of Use. You also
acknowledge that unauthorized additions, deletions and alterations could be
made by third parties to the site including content, materials, or
services. Yojam LLC. and it’s partners attempts to ensure the
integrity and accuracy of the Site, it makes no guarantees whatsoever as to the
Site's completeness or correctness. In the event that such a
situation arises, please contact us at the Contact Us
page with a description of the material to be checked and the (URL) location
where such material can be found on the Site, as well as contact information
sufficient to enable us to contact you. We will address your
concerns as soon as reasonably practicable.
ELIGIBILITY
The Yojam LLC. Sites and the Partner Personals Areas are intended for adult use
only. Anyone under the age of 18 - years old (21-years old in AL,
MS, NE, WY, and any other location where 18 is not the age of majority) is not
permitted to register to use the Personals Service on any Yojam LLC.
Site or any Partner Personals Area. Membership in the Service
is void where prohibited. By using the Website, you represent and
warrant that you have the right, authority, and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this
Agreement. The Service is for the personal use of individual
members only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not
become members and should not use the Service for any purpose.
TERM AND TERMINATION
This Agreement will remain in full force and effect while You use the Services
and/or are a Member. You may terminate your membership at any time,
for any reason by following the instructions on the Terminate Service page
within your account settings, or upon receipt by Us of Your notice of
termination by email or mail. Once your account has been deleted you
will no longer have access to any remaining credits in your account and you
will not be refunded. Credits are non-transferable. All
Yojam LLC. credits are final sale and will not be refunded unless the charge
was not authorized by you. Disputed charges must be reported to
Yojam LLC. within 60 days, through our Contact Us page.
Yojam LLC. and its Partners reserve the right to refuse membership to anyone at
anytime. Yojam LLC. may terminate your membership for any reason,
effective on sending notice to you at the email address you provide in your
application for membership. If Yojam LLC. or its Partners terminates
your membership because you have breached the Agreement, you will not be
entitled to any refund of unused credits. Even after this Agreement
is terminated, the following provisions of this Agreement will remain in
effect: sections 5, 10, 11, 13, 14 AND 15. ALL SALES ARE FINAL..
Even after membership is terminated, this Agreement will remain in effect.
MEMBER ID AND PASSWORD
During the member registration process, you will be asked to select a User ID
and password. We may refuse to accept any User ID for any reason,
including that the proposed User ID impersonates someone else, is or may be
illegal, is or may be protected by trademark or other proprietary rights law,
is vulgar or otherwise offensive, or may cause confusion, as we determine in
our sole discretion. You are responsible for the confidentiality and
use of your User ID and password and agree not to transfer or resell your use
of or access to the Site to any third party. If you have reason to
believe that your account is no longer secure, you must promptly change your
password by updating your account information. You are solely
responsible for all uses of your account, whether or not authorized by
you. You agree to immediately notify Yojam LLC. of any
unauthorized use of its account. You agree to pay all charges that
accrue to your account through your use or the use of those authorized by you.
PROPRIETARY RIGHTS
Content on Yojam LLC and its partners own and retain all proprietary rights in
the Website and the Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of Yojam LLC, its
partners, and its licensors. You may not copy, modify, publish,
transmit, distribute, perform, display, or sell any website proprietary
information.
CONTENT POSTED ON THE SITE
You understand and agree that Yojam LLC. and its partners may review and remove
any content that in the sole judgment of Yojam LLC. or its partner that violate
this Agreement or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of Members. You are solely
responsible for any materials (including profiles or photos), messages, casual
encounters etc. (collectively, "Content") that you publish or display
(hereinafter, "post") on the Website or via the Service, or transmit to other
Members. Additionally, you alone are responsible for the
consequences of any content you post and make available on or through the Yojam
LLC. Sites or any Partner Personals Areas. By submitting these
materials through the Yojam LLC. Sites or any Partner Personals
Areas, you are representing that you are the owner of all such materials, or
are submitting the materials with the express consent of the owner By posting
Content to any public area the Yojam LLC. Sites or any Partner
Personals Areas, you automatically grant, and you represent and warrant that
you have the right to grant, to Yojam LLC. and its partners an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform,
display, distribute, rent and sell such information, materials and content and
to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sublicenses of the
foregoing. The following is a partial list of the kind of Content
and Material that is prohibited on Yojam LLC. Sites and any Partner
Personals Areas Website. Yojam LLC. and its Partners reserve the
right to investigate and take appropriate action in its sole discretion against
anyone who violates this provision, including without limitation, removing the
offending communication from the Yojam LLC. Sites and any Partner
Personals Areas Website and Service and terminating the membership of such
violators. It includes Content that:
may be offensive to Website members and users, such as Content that promotes racism, bigotry, hatred or physical harm of any kind to any group or individual;
harasses or promote harassment of another person;
involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
promotes information that you know is deceptive, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or unfounded;
promotes or enables unauthorized copying of another person's copyrighted work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music, video, or links to music files or video files;
contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
exploits anyone under the age of 18 in a sexual or violent manner;
solicits personal information from anyone under 18;
provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial, unauthorized or unlawful purposes from other users; and
engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Yojam LLC. Sites or any Partner Personals Areas and the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising, promotion, marketing, or solicitation of,
other Yojam LLC. and Partner Members to buy or sell any products or services
through the Service. Although Yojam LLC. and its Partners cannot monitor the
conduct of its Members off the Website, it is a violation of these rules to use
any information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, market, advertise to, solicit, or sell
to any Member without their prior explicit consent. In order to protect our
Members from such advertising, promotion, and solicitation, Yojam LLC. and its
Partners reserve the right to restrict the number of emails that a Member may
send to other Members in any 24-hour period to any number which Yojam LLC. and
its Partners deems appropriate in its sole discretion. WARNING: It is possible
that other Members or users (including unauthorized users, or "hackers") may
post or transmit offensive or obscene materials on the Website and that you may
be involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about you due to your use of
the Service, and that the recipient may use such information to harass or
injure you. Yojam LLC. and its Partners are not responsible for the use of any
personal information that you may choose to disclose on the Website or through
the Service. Please carefully select the type of information that you post on
the Website or release to others.
Copyright Policy
While it’s free to register with Yojam LLC. websites and/or its Partners,
neither Yojam LLC. nor its Partner intend to forfeit their rights, or anyone
else’s rights, to the materials appearing on the Personals Services, the Yojam
LLC. Sites and the Partner Personals Areas. The materials available
through the foregoing services, sites and areas are the property of Yojam LLC,
the Partners and their respective Third Party Providers, and are protected by
copyright, trademark and other intellectual property laws. You may
not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent 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 the 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. Yojam LLC. Copyright Agent for
notice of claims of copyright infringement can be reached as follows: Yojam LLC
c/o Copyright Agent, 41 Meadow St, Winsted, CT. 06098 or send a notice through
our sites Contact Us page.
JOINING YOJAM LLC. NETWORKS VIA A PARTNER PERSONALS AREA
If you signup or register to use the Personals Services through a Partner
Personals Area, other than through Dateowl.com, and Yojam LLC. relationship
with the Partner associated with that given Partner Personals Area is severed
for any reason, in the majority of instances you will not forfeit your
membership rights to use the Personals Services, nor lose the any personal
profiles you created or any credits you might have maintained that were
associated with your account. Instead, Yojam LLC will, in the
majority of instances, automatically convert your account membership into a
Dateowl.com membership which will enable you to access your account information
and utilize any existing credits you might maintain through Dateowl.com or any
Partner Personals Areas that continue to affiliate with Yojam
LLC.. However, in a few instances, Yojam LLC’s agreement with
certain Partners provides that your membership (including your registration
information) will be automatically converted to an online personals service
maintained by that particular Partner or that Partner’s third party service
provider. In those instances, Yojam LLC. and /or such Partner will provide you
with information advising you on the status of your Personals account, the
process they will undertake to convert your membership, and the various options
available to you at that time. This communication will take place
through your active email address within your membership account.
If a Partner’s relationship with Yojam LLC. is terminated for any reason, Yojam
LLC. will attempt to ensure that your account, personals profiles and purchased
credits will continue to be available to you through an alternate
interface. By registering and clicking on the "I Accept This
Agreement" button for within the signup page, you authorize Yojam LLC to take
the steps identified in this Section 5, including without limitation,
converting your membership (and providing your registration information) to an
online personal services maintained by a particular Partner in the event Yojam
LLC’s. relationship with the Partner associated with that given
Partner Personals Area is severed for any reason.
MEMBER DISPUTES
You are solely responsible for your interactions with other Yojam LLC. and
Partner’s Members. Yojam LLC. reserves the right, but has no
obligation, to monitor disputes between you and other Members, arising from or
related to the Website. ALL SALES ARE FINAL.
COMPLAINTS
To resolve a complaint regarding the Service, You should first contact Our
Customer Service department by contacting us through our Contact
Us page.
PRIVACY
Use of the Website and/or the Service is also governed by our Privace Policy.
Limitation on Liability
You assume full responsibility and risk for your use of the Website and the
Service. Under no circumstances will Yojam LLC. it’s Partners,
Subsidiaries, Affiliates, Sponsors, Suppliers and Agents be responsible for any
loss or damage, including personal injury or death, resulting from anyone's use
of the Website or the Service, any Content posted on the Website or transmitted
to Members, or any interactions between users of the Website, whether online or
offline. Yojam LLC. it’s Partners, Subsidiaries, Affiliates,
Sponsors, Suppliers and Agents are not liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive damages
arising from your use of the Web site or the Service, even if Yojam LLC. it’s
Partners, Subsidiaries, Affiliates, Sponsors, Suppliers and Agents have been
advised of the possibility of such damages. If you live in a state
whose laws prevent you from taking full responsibility for your use of the
service, our liability is limited to the greatest extent allowed by
law. Yojam LLC. it’s Partners, Subsidiaries, Affiliates, Sponsors,
Suppliers and Agents 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 Yojam LLC. it’s Partners, Subsidiaries, Affiliates, Sponsors,
Suppliers and Agents for the Service during the term of membership.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE
RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE
MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOJAM LLC AND ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER
YOJAM LLC, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES
ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
SITE-RELATED SERVICES.
YOJAM LLC AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE
SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT
OF YOJAM LLC OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED
USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH
THE SITE ARE ENTIRELY AT YOUR OWN RISK.
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