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TERMS AND CONDITIONS OF SERVICE
Terms And Conditions Of Service
uRadiate, LLC offers its online social networking and matching services via the uRadiate.com website ("uRadiate Website") for adults at least eighteen (18) years old. The uRadiate services include the uRadiate Website, its messaging services, and all other services, content and applications uRadiate offers on or in connection with the uRadiate Website (all such services, content and applications, and the uRadiate Website, collectively referred to as the "uRadiate Service") YOU MUST READ AND AGREE TO THE FOLLOWING TERMS OF USE ("Terms of Use") AS WELL AS URADIATE'S PRIVACY POLICY ("Privacy Policy") BEFORE USING THE URADIATE SERVICE INCLUDING THE URADIATE WEBSITE. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE URADIATE SERVICE, INCLUDING THE URADIATE WEBSITE. These Terms of Use, along with the Privacy Policy (collectively the "Agreement"), set forth the legally binding terms, governing your use of the uRadiate Service. By using the uRadiate Service, including accessing or browsing the uRadiate Website as a visitor or a registered user, you acknowledge that you read, understood, and agreed to be bound by these Terms of Use and the Privacy Policy ("User"). uRadiate reserves the right, at any time, to modify, alter, or update these Terms of Use and the Privacy Policy, and you agree to be bound by such modifications, alterations or updates. Adult Users Only The uRadiate Service is intended for adults at least eighteen (18) years old. By using the uRadiate Service, including accessing and browsing the uRadiate Website, you represent and warrant that you are at least eighteen (18) years old, and that you have the right, authority and capacity to enter and abide by the terms of this Agreement. If you are under the age of eighteen (18) or are otherwise unable to enter this Agreement or abide by its terms, you may not use the uRadiate Service including the uRadiate Website. Account and Password You are responsible for maintaining the confidentiality of all activities that occur under your password and account. You agree to immediately notify uRadiate of any unauthorized use of your password or account or any other breach of security, and to exit from your account when you end each session. uRadiate shall not be responsible for any loss or damage whatsoever arising from your failure to maintain your account and password as set forth above, or to otherwise comply with this Agreement. Use of uRadiate Services User Content All information content, or other material posted, distributed, uploaded, emailed, instant messaged, transmitted and disseminated ("Posted" or "Post") or otherwise made available on or through the uRadiate Service by Users including profile information, responses to questionnaires or surveys, demographic information, data, text, files, images, photographs, video, sound, music, instant messages, tags or any other information, content or material (hereinafter collectively referred to as "User Content") are the sole responsibility of the User from whom such User Content originated. For information on how uRadiate uses information concerning Users of the uRadiate Service, please review the Privacy Policy ("Privacy Policy"). uRadiate is not responsible for any User Content, Posted, or otherwise made available on or through the uRadiate Service. uRadiate does not control the User Content Posted or otherwise made available on or through the uRadiate Service and, as such, does not make any representation or warranty of any kind regarding the User Content including any representation as to the accuracy, integrity, or quality of such User Content. Under no circumstances will uRadiate be liable in any way for any User Content, including any errors or omissions of any User Content, or any loss or damage of any kind incurred arising from use of, or inability to use, any User Content. Moreover, you understand that your use of the uRadiate Service may expose you to User Content that is offensive, indecent or otherwise objectionable. uRadiate reserves the right not to post, and the right to remove, any User Content from the uRadiate Service at any time, without notice, for any or no reason, in uRadiate's sole discretion. User Conduct The following are illustrative of types of conduct that are prohibited under this Agreement. You understand that the list below is not exhaustive, and only serves to provide you with a guideline of types of conduct that are prohibited. As a User, you agree that you will not, nor attempt to:
Ownership of User Content uRadiate does not claim ownership of User Content that you Posted or otherwise make available on or through the uRadiate Service including the uRadiate Website. As between uRadiate and you, you retain ownership of such User Content you post to the uRadiate Service. By Posting User Content to or through the uRadiate Service you hereby grant, and you represent and warrant that you have the right to grant, to uRadiate, its affiliates and its and their successor and assigns, an unlimited, perpetual, irrevocable, worldwide, sublicensable, transferable, license and right to use, alter, change, modify, publicly perform, publicly display, reproduce, reformat, translate, distribute, create derivative works of, and otherwise exploit in whole or in part, and without any duty to or obligation to account, such User Content for any purpose, and in any manner, media or medium, whatsoever. Intellectual Property Rights All trademarks, service marks, trade dress, logos and trade names (collectively "Marks") used and displayed on the uRadiate Website are proprietary to uRadiate, its affiliates or other respective owners that have granted uRadiate the right and license to use such Marks. You agree not to display or otherwise use these Marks in any manner without uRadiate's prior, written permission. Permission to reproduce information, content or other material, including photographs, available on or through the uRadiate Website may be granted. Direct such inquiries to uRadiate: accountservices@uradiate.com. Hypertext linking to, or framing of, the uRadiate Website without the prior written permission of uRadiate is strictly prohibited. Inquiries to obtain permission for linking should be directed to uRadiate: accountservices@uradiate.com. Indemnity You agree to defend, indemnify and hold uRadiate, its affiliates, and its and their directors, officers, agents and employees ("uRadiate Personnel"), harmless from any loss, liability, damage (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages), claim or demand, including reasonable attorney fees, costs and expenses ("Liabilities") arising out of or related to:
You are solely responsible for your actions when using the uRadiate Service, including costs incurred for Internet access. In the event that you have a dispute with a User, you agree to and do hereby release uRadiate and uRadiate Personnel from any Liabilities, known or unknown, arising out of or related to such dispute. Disclaimers YOU ACKNOWLEDGE AND AGREE THAT THE URADIATE SERVICE INCLUDING THE URADIATE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. URADIATE EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE URADIATE SERVICE INCLUDING THE URADIATE WEBSITE. YOUR USE OF THE URADIATE SERVICE INCLUDING THE URADIATE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. FURTHER AND NOT IN LIMITATION TO THE FOREGOING, URADIATE MAKES NO REPRESENTATION OR WARRANTY THAT: THE URADIATE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE URADIATE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL INCLUDING ANY USER CONTENT VIEWED, DOWNLOADED, PURCHASED OR OTHERWISE OBTAINED BY YOU ON OR THROUGH THE URADIATE SERVICE WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE URADIATE SERVICE INCLUDING THE URADIATE WEBSITE OR ANY SOFTWARE USED OR AVAILABLE IN CONNECTION WITH THE URADIATE SERVICE WILL BE CORRECTED. ANY INFORMATION, CONTENT, INCLUDING USER CONTENT, OR OTHER MATERIAL INCLUDING SOFTWARE FILES, PROGRAMS, LINKS TO THIRD PARTY WEBSITES YOU VIEW, DOWNLOAD, PURCHASE OR OTHERWISE OBTAIN ON OR THROUGH THE URADIATE SERVICE IS MADE AVAILABLE AND DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU SUFFER OR LIABILITY YOU INCUR INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. INCLUSION OF ANY LINKED WEBSITE ON THE URADIATE SERVICE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY URADIATE. URADIATE TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE URADIATE SERVICE BY ADVERTISERS. UNDER NO CIRCUMSTANCES SHALL URADIATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF THE URADIATE SERVICE, INFORMATION, INCLUDING USER CONTENT OR OTHER MATERIAL POSTED OR OTHERWISE AVAILABLE ON OR THROUGH THE URADIATE SERVICE, OR FROM THE CONDUCT OF ANY USER OF THE URADIATE SERVICE, WHETHER ONLINE OR OFFLINE. Dispute Resolution Claims arising out of or in any way connected with this Agreement or the uRadiate Service, including the uRadiate Website, any information, content, including User Content or other material available on or through the uRadiate Service, shall be governed exclusively by the laws of the State of New York, without resort to any conflict of law provision, and you consent to the exclusive jurisdiction and venue of the courts of the State of New York and Federal Courts located in New York, New York. If you choose to access the uRadiate Service, including the uRadiate Website from a location other than New York, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that in the event any terms of the Agreement are found to be invalid, illegal or unenforceable, such term will be enforced to the fullest extent permitted by applicable law, and the remainder of the terms and conditions set forth shall remain in full force and effect. By using the uRadiate Service you agree to be bound by any revisions to the terms of the Agreement and therefore, you further agree to visit periodically the Privacy Policy and these Terms of Use to determine the then-current terms to which you are bound. General Information Please send any questions or comments, or report violations of the Agreement to: accountservices@uradiate.com |