CupidsArrow Terms and Conditions of Use
CupidsArrow is an online provider serving niche markets for personals and dating. Our sites are collectively members of the Cupids Arrow Network. The CupidsArrow.net website and affiliated sites (a list of which is provided here) ("CupidsArrow Sites") provide online introduction and dating services (the "Service") powered by Cupids Arrow, Inc. ("CupidsArrow"). These Terms and Conditions of Use ("Terms") set out the terms and conditions under which the Service is provided to you. By registering or using any of the CupidsArrow Sites you acknowledge and agree on behalf of yourself and any entity you represent to be bound by these Terms and become a member of the Service (a "Member").
The Service is being provided to you under these Terms and any operating rules, policies, and procedures as currently published on the CupidsArrow Sites by CupidsArrow. We reserve the right to change these Terms, change the CupidsArrow Sites (including discontinuing any content, functionality, service or feature of the CupidsArrow Sites) or require or change any fees or charges for using the CupidsArrow Sites at any time. Any changes to these Terms will be posted on the CupidsArrow Sites prior to taking effect. Your use of the CupidsArrow Sites after such changes have been posted and take effect will constitute your acceptance of such changes. By using the Service, you agree to be bound by all of the terms and conditions of these Terms. If you do not accept all of the terms and conditions of these Terms, you are not permitted to and should not continue to use the Service.
USE OF THE CUPIDSARROW SITES
To be eligible to use the Service, you must be over 18 years of age and/or of legal required age in the jurisdiction you reside in and from which you access the CupidsArrow Sites. You must provide certain current, complete, and accurate information about yourself at registration and maintain and update such registration information ("Registration Data") so that such information remains current, complete and accurate. CupidsArrow may refuse to offer its Service to anyone without the need to give any reason and may change its criteria for becoming a Member at any time. CupidsArrow will notify you if you have been accepted and registered as a Member. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, CupidsArrow retains the right to terminate your Membership immediately.
PASSWORD AND SECURITY
Access to and use of the Service is through a combination of username and password. You are responsible for ensuring that you maintain the confidentiality of your username and password and you must not permit any third party to use the Service on your behalf. You agree to immediately notify CupidsArrow of any unauthorized use of the Service through your account or any other breach of security known to you.
CHANGES TO THE SERVICE
CupidsArrow reserves the right, without liability, to modify or discontinue any part of the Service, temporarily or permanently. CupidsArrow will give you the maximum amount of notice of such modification or discontinuance as is practicable in the circumstances. Notice of any changes to the service will be made by posting the changes on the CupidsArrow Sites.
MODIFICATIONS TO TERMS AND CONDITIONS
CupidsArrow may change these Terms from time to time. CupidsArrow will post the amended terms and conditions on the CupidsArrow Sites upon any such change. The amendments to these Terms become effective as of the effective date provided with the posted changes, or immediately if no effective date is provided, and any use of the Service occurring after such date is subject to the amended Terms. Your continued use of the Service after the posting of the amended Terms on the CupidsArrow Sites constitutes your acknowledgement of the Terms and its modifications and agreement to abide by and be bound by the Terms, as amended. These Terms may not otherwise be amended, except in writing signed by both parties.
CONTENT RIGHTS, RESTRICTIONS AND OWNERSHIP
Content presented to you as part of the Service ("Content") is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use this Content as expressly authorized by CupidsArrow. Subject to your compliance with these Terms, CupidsArrow grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print CupidsArrow Content solely for your personal and non-commercial purposes. These Terms do not transfer any right, title, or interest in the Service or the Content to you and you may not sell, transfer, license, transmit, stream, broadcast, copy, reproduce, distribute, publicly display, publicly perform or create derivative works from the Content, Service or any portion of the CupidsArrow Sites without expressly being authorized to do so by CupidsArrow. In CupidsArrow’s sole discretion, the Service may provide Members with the ability to upload and make available to other Members certain content such as images, video, text and/or other content (collectively, "Member Content"). You hereby grant to CupidsArrow a worldwide, irrevocable, non-exclusive, perpetual, fully-paid, transferable, royalty-free, right and license, with the right to sublicense, to use, copy, modify, adapt, distribute, sell, license, transfer, publicly perform, publicly display, transmit, stream, broadcast, view, access and otherwise exploit any Member Content and any feedback, suggestions or comments that you upload, post, share, transmit, submit, publish, provide or otherwise place on the CupidsArrow Sites as shall be necessary or appropriate for to provide the Service to its Members.
You agree that you will not upload, post to or make available through the CupidsArrow Sites, directly or indirectly, any Member Content that depicts any person under 18 years of age, and that you have inspected, maintained and are maintaining written documentation sufficient to confirm that all subjects are, in fact, over 18 years of age. You agree that you will identify any Member Content containing nudity or sexually explicit content as such at the time you provide such content to the CupidsArrow Sites. You acknowledge and agree that you have the written consent, release, and/or express permission from each such identifiable individual person in any Member Content you provide to use the name or likeness of each such person to enable inclusion of such Member Content in the manner contemplated by the CupidsArrow Sites and these Terms. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the CupidsArrow Sites and Service. You represent and warrant that: (a) you are either the sole and exclusive owner of all Member Content that you make available through the CupidsArrow Sites and Service or you have all rights, licenses, consents and releases that are necessary to grant to CupidsArrow the rights in such Member Content, as contemplated in these Terms; and (b) neither the Member Content nor your uploading, posting, sharing, transmitting, submitting, publishing, providing or otherwise placing on the CupidsArrow Sites of the Member Content or CupidsArrow’s use of the Member Content, or any portion thereof, in conjunction with the CupidsArrow Sites and Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, rights of publicity or privacy, or result in violation of any applicable law, rule, regulation or ordinance.
You are solely responsible for the actions of anyone using any username provided to you and the content of your transmissions through the Service. You agree to abide by all applicable laws, rules and regulations in your use of the Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the Service for illegal or immoral purposes and to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to publish, post, promote or otherwise transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You agree not to transmit or post any material that is defamatory, libelous or slanderous or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations. You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on the CupidsArrow Sites belonging to you or any third party. Under these Terms you agree not to engage in surveys, contests, chain letters or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail. You agree not to use the Service to promote another service, site and/or business or solicit other Members' business or buy or sell products and/or services. CupidsArrow does not endorse the content of any Member postings or data nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the CupidsArrow Sites. You agree not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the CupidsArrow Sites or another's computer. You agree not to interfere or disrupt networks connected to the Service. You agree not to distribute personal contact information in initial communications with other users. Under these Terms you agree to not use any device, software or routine to attempt to interfere with the proper functioning of the CupidsArrow Sites. You agree not to take any action that imposes an unreasonable or disproportionately large load on CupidsArrow's infrastructure. In the event that you post or make accessible communications or other materials that infringe the copyright of a third party, CupidsArrow may immediately terminate your access to the Service. CupidsArrow may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to any provision of these Terms. You acknowledge and accept that any details posted by you on the Service will be displayed on the CupidsArrow Sites and will therefore be accessible by other Members. CupidsArrow has no control over the quality, compatibility or safety of the Members; or of the truthfulness, accuracy or completeness of any posting on the CupidsArrow Sites. Because CupidsArrow does not review the substance of the postings on the CupidsArrow Sites, you must be careful in dealing with other Members to recognize the possibility that other Members' information may, despite the prohibitions set out in these Terms, be inaccurate or deceptive.
MAIL ORDER BRIDE MARRIAGES
The CupidsArrow Sites do not in any way, aid, promote, procure or provide "mail-order-bride" marriage-matching services to Members. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to provide such services. If you reside in any jurisdiction that prohibits marriage-matching services to its residents, you hereby represent, warrant and covenant that you will not use the Service or the CupidsArrow Sites for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching and further acknowledge and agree that the indemnification provisions in these Terms will apply to your breach of any legislation prohibiting marriage-matching.
LINKS, AFFILIATES AND PARTNERSHIPS
CupidsArrow Sites or Services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave the CupidsArrow Sites. CupidsArrow is not liable or responsible in any way for your use or non-use of such third party links. You acknowledge sole responsibility for assume all risk from your use of any such sites or resources. CupidsArrow cannot and does not offer affiliate programs to individuals/companies or websites which take payments from customers for the provision of services of a sexual nature. CupidsArrow cannot and does not offer affiliate programs to individuals/companies or websites which promote websites that take payments from customers for the provision of services of a sexual nature. CupidsArrow cannot and does not offer affiliate programs to individuals/companies or websites which contain illegal photographic material or illegal content.
THE CUPIDSARROW SITES, SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CUPIDSARROW EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CupidsArrow does not guarantee that the Service will MEET YOUR REQUIREMENTS, be uninterrupted, timely, secure, or error free. Because CupidsArrow is not involved in Member-to-Member dealings, CupidsArrow makes no warranty regarding the results that may be obtained from the use of the Service, the suitability of any dates, the accuracy or reliability of any Content or information obtained through the Service, OR THE TIMELINESS, TRUTHFULNESS OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE CUPIDSARROW SITES. YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS AND INTERACTIONS with OTHER MEMBERS OF THE CUPIDSARROW SITES OR SERVICE AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CUPIDSARROW SITES OR SERVICE.
DATA STORAGE, RETENTION AND ACCESS
CupidsArrow reserves the right to establish a limit on the amount of computer storage a Member may use through the Service. CupidsArrow assumes no responsibility for the deletion of, or failure of the Service to, store, use or provide access to, any Content, transmissions, information, data or posting. You agree that CupidsArrow may at its sole discretion have the right to refuse to publish, remove or block access to any Member Content at any time, for any reason, or for no reason at all, with or without notice.
LIMITATION OF LIABILITY AND INDEMNIFICATION
You acknowledge and agree that CupidsArrow is not liable for any damages for loss of profits, use, data or other intangible property or any indirect, incidental or consequential damages, resulting from the use or the inability to use the CupidsArrow Sites or Service or resulting from unauthorized access to, deletion or alteration of Content, transmissions or data or failure of the Service to store Content, transmissions or data. CupidsArrow does not accept responsibility for the security or content of any information which Members supply through the CupidsArrow Sites and will not be liable for the content of any communications or messages received by you from any other Member. CupidsArrow's liability to you under any circumstances is limited to the amount of fees or commissions collected by CupidsArrow from you. You agree to indemnify, defend and hold CupidsArrow, its parents, subsidiaries, affiliates, officers and employees harmless from and against all liabilities, claims, costs, damages and expenses (including reasonable legal and accounting fees) that may arise from or be related to your access to or use of the CupidsArrow Sites or Service; your actions or omissions; any Member Content, other content, data, information or communications provided by or on behalf of you; and any breach of these Terms. To the extent permitted by applicable law, this indemnity shall be applicable without regard to the negligence of any party.
TERMINATION OF MEMBERSHIP
You may terminate your status as a Member at any time with immediate effect by serving written or electronic notice on CupidsArrow. Should you object to any provision of these Terms or any subsequent modifications, your only recourse is to immediately terminate use of the Service and notify CupidsArrow of termination. CupidsArrow may terminate your access to the CupidsArrow Sites and Service and your status as a Member at any time by serving one day's notice of termination on you, or immediately if you have breached these Terms. Upon termination of the Service, your right to use the Service immediately ceases and you acknowledge and agree that CupidsArrow may immediately delete the files in your account, bar any further access to such files or the Service. Upon termination of this Service, you are not entitled to a refund of any fees paid to CupidsArrow. CupidsArrow shall not be liable to you or any third party for termination of your access to the CupidsArrow Sites or Service or your status as Member in accordance with these Terms. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter (except for fraudulent misrepresentations). You agree that CupidsArrow has the right to assign or sub-contract any or all of its obligations under these Terms. You shall not, without CupidsArrow's prior written consent, assign these Terms.
DMCA COPYRIGHT AGENT
CupidsArrow disclaims any responsibility for any third party content, data or materials, including, without limitation, Member Content, provided through its Service or on CupidsArrow Sites ("Third Party Content"). CupidsArrow will respond to notices of alleged infringement regarding Third Party Content sent pursuant to the Digital Millennium Copyright Act ("DMCA"), which may include CupidsArrow removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to CupidsArrow regarding matters other than informing CupidsArrow that a party’s copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
If you believe any such materials infringe a copyright, you should provide CupidsArrow with written notice that at a minimum contains:
Written notification must be submitted to the following designated DMCA agent:
CupidsArrow, Attn: President
PO Box 1366
Skokie, IL 60076
Support [@] CupidsArrow.net
18 USC 2257 COMPLIANCE
CupidsArrow is not a producer (neither primary nor secondary) of any or all of the Member Content found on the CupidsArrow Sites. With respect to records pursuant to 18 USC 2257, for any and all Member Content found on CupidsArrow Sites, please direct your request to the Member who posted such Member Content.
CupidsArrow Sites are picture and video sharing sites that allow uploading, sharing and general viewing of various types of adult content, and while CupidsArrow takes steps to verify compliance, it may not be completely accurate.
CupidsArrow abides by the following procedures for compliance:
CupidsArrow requires all Members to be 18 years of age or older to be eligible to use the Service.
When uploading, the Member must verify the content; assure that the Member is at least 18 years old; certify that the Member keeps records of the models in the Member Content and that they are over 18 years of age.
For further assistance or information, please contact CupidsArrow at Support [@] CupidsArrow.net.
CupidsArrow allows Content to be reported as inappropriate. Should any Content be reported to CupidsArrow as illegal, unlawful, offensive or various other reasons, CupidsArrow will remove it from the CupidsArrow Sites. Members who come across any such Content are urged to report it to CupidsArrow as inappropriate.
These Terms are governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of Illinois in the City of Chicago with regard to any and all claims by you arising out of or related to the CupidsArrow Sites. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You can contact us about any problems or questions with the CupidsArrow Sites or report abuse or inappropriate Member conduct at Support [@] CupidsArrow.net. We reserve the right not to respond to any membership queries that do not include your username and the name of the website you are registered with.
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