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Terms & Conditions of Service

USER AGREEMENT

When you sign up for any service within Tall Dates.com, you agree to all of the terms and conditions of this Agreement.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY FORM THE AGREEMENT BETWEEN US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE TALLDATES.COM, AND SHOULD NOT PROCEED TO SIGN-UP.

User Agreement.
This Agreement constitutes your agreement with Tall Guy Interactive, Inc. with respect to your use of the services offered at Tall Dates.com. 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 Tall Dates.com. As used in this Agreement, "we" and "us" shall refer to Tall Guy Interactive, Inc., or any successor or assign of Tall Guy Interactive, Inc. including staff and employees of Tall Dates.com

Right to Use Service.
Your right to use Tall Dates.com 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 Tall Dates.com at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of Tall Dates.com or restrict your access to parts or all of Tall Dates.com without notice or liability.

Adult.
You represent, warrant and covenant that you are at least 18 years old and do not find sexually explicit materials to be offensive. You understand that Tall Dates.com may contain adult oriented pictures and images or links to pages containing adult oriented materials.

Code of Conduct.
You agree to use Tall Dates.com in accordance with the following Code of Conduct:

1. You agree that you will provide us with your valid, current e-mail address, both at the time of your registration with us and from time to time as your e-mail address changes.

2. You are responsible for Your Information. "Your Information" is defined as any information or other material you provide to us (directly or indirectly) in the registration process or through the use of our services, in any public message area (including all areas of your ad profile, message boards, and chat rooms of the Tall Dates.com website) or through e-mail. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

Any of Your Information that, through the use of our services or otherwise, you submit or make available for inclusion on publicly accessible areas of our web site is referred to as "Public Information"; any other portion of Your Information shall be referred to as "Private Information.""Publicly accessible" areas of our web site are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.

3. You will keep all information provided to you through Tall Dates.com as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

4. You will not use Tall Dates.com to engage in any form of harassment or inappropriate behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, defamatory or racist statements;

5. You will not forward chain letters through Tall Dates.com;

6. You will not use Tall Dates.com to infringe the privacy rights, property rights, or other civil rights of any person;

7. You will not post Public Information, messages, pictures or recordings or use Tall Dates.com in any way which:

(a) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or

(b) is fraudulent, represents someone other than yourself, or is otherwise unlawful or violates any law; or includes photos or ads portraying illegal activity, underage children, or explicit drug use; or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private e-mails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech.

(c) includes photos that do not match your textual description or include people other than yourself or a consenting partner; or

(d) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"), or

(e) includes email addresses, phone numbers, street addresses, etc.

For purposes of this Agreement, "posting" includes uploading, posting, e-mailing, transmitting or otherwise making available. Without limiting the foregoing, Tall Dates.com and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

8. You will not use Tall Dates.com to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising of merchandise, auctions, services or commercial web sites, including offers to trade or charitable solicitations instead of or in addition to solicitation for goods or services.

9. You may not use Tall Dates.com for any unlawful purpose. We may revoke or refuse to grant you a user name that impersonate any person (including Tall Dates.com staff and other members), or falsely states or otherwise misrepresents you or your affiliation with any person, through the use of similar e-mail addresses, nicknames or any other method or device, is protected by trademark or proprietary law, or as determined by us in our sole discretion.

10. You man not use Tall Dates.com to harm another person in any way.

11. You man not use Tall Dates.com to "stalk" or otherwise harass another person, including the collection or storage of personal data about other users except via the 'save profile' and 'hotlist' funcitons of Tall Dates.com

12. You may not refuse to follow Tall Dates.com staff instruction or direction as it pertains to the use of our service or the funcition of our systems.

13. You may not encourage others to violate this Agreement. This may include your posting of other inappropriate actions both real and imagined, Public Information or other materials that may incite agreement violations. Such actions warrant removal and/or suspension from our web site. Tall Dates.com reserves the right to remove any post or other material without warning or further notice.

14. You may not Violate (intentional or unintentional) the terms of this Agreement, or of any applicable local, state, national or international law, and any regulations having the force of law.

Interference with Services.
You agree that you will not:

(a) upload, post, e-mail, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our web site or services or networks connected to our web site or through the use of our services, or disobey any requirements, procedures, policies or regulations of networks connected to our web site or through the use of our services, or otherwise interfere with our web site operations or services in any way, including through the use of JavaScript, active or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our web site (except for Your Information), or create derivative works from our web site (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Tall Dates.com or any other third party, except with the prior written consent or the consent of Tall Dates.com or the appropriate third party.

Monitoring of Information.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by you or other users of Tall Dates.com.

Control of Information.
You, and not Tall Dates.com, are entirely responsible for all of your Public Information that you upload, post, e-mail, transmit or otherwise make available via the web site and our services. We make a good faith effort to ensure the accuracy, integrity and quality of the information contained in the Tall Dates.com Site. We do not control your Public Information or the public information of other users and do not guarantee the accuracy, integrity or quality of your Information or the information of other users. You understand that by using our web site and services, you may be exposed to information that is offensive, indecent or otherwise objectionable. You agree that under no circumstances will Tall Dates.com be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or information of other users posted, e-mailed, transmitted or otherwise made available in connection with our web site and services.

License to Use Information.
We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you agree to grant Tall Dates.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

Removal of Information.
While we do not and cannot review every message or other material posted or sent by users of Tall Dates.com, 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 advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, profiles, public postings, messages and other materials you may upload to Tall Dates.com or users of Tall Dates.com.

Termination of Access to Service.
We may, in our sole discretion and without limiting our other remedies, Tall Dates.com may suspend or terminate your access to all or part of Tall Dates.com at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Termination of services due to non-compliance with this Agreement will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of Tall Dates.com at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information.
Tall Dates.com contains information which is proprietary to us and to our users. We assert full copyright protection in Tall Dates.com. Information posted by us or other users of Tall Dates.com 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 permission of the owner of such information.

No responsibility.
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of Tall Dates.com, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of Tall Dates.com, or any interruption or suspension of Tall Dates.com, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of Tall Dates.com during the previous 12 months. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. We may discontinue or change Tall Dates.com or its availability to you at any time, and you may stop using Tall Dates.com at any time. You also acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

Security.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on Tall Dates.com by users using your password, including but not limited to use of your password by any third party.

Other Links.
Tall Dates.com may from time to time contain links to other World Wide Web Internet sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

Indemnity.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of Tall Dates.com, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties.
Tall Dates.com is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of Tall Dates.com. Where permitted by law, you acknowledge that Tall Dates.com is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of Tall Dates.com is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through Tall Dates.com by Tall Guy Interactive, Inc. or any user of Tall Dates.com or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

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 Tall Dates.com, or of any Tall Guy Interactive, Inc. related products and services. We reserve the right to contact you via all appropriate means, for the purpose of resolving technical, operational, or administrative issues pertaining to your Tall Dates.com account. We reserve the right to disclose information about your usage of Tall Dates.com and demographics in forms that do not reveal your personal identity. This could include, but is not limited to, using IP Addresses to verify location information.

Restriction on Use of Your Information.
Except as otherwise provided in our privacy policy statement, we will not sell, rent or otherwise disclose any personally identifiable information about you (including your e-mail address) to any third party.

Consent to Disclosure.
You acknowledge and agree that Tall Dates.com may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

(a) comply with a current judicial proceeding, a court order or legal process served on our web site,

(b) enforce this Statement or the Terms of Service Agreement,

(c) respond to claims that Your Information violates the rights of third parties; or

(d) protect the rights, property or personal safety of Tall Dates.com, its users and the public.

Assignment.
You do not have the right to assign this Agreement or any of your rights to Tall Dates.com to anyone. Tall Guy Interactive, Inc. has the right to assign any or all of its rights and duties under this Agreement or to Tall Dates.com to any third party. At the election of Tall Guy Interactive, Inc., if Tall Guy Interactive, Inc.'s obligations hereunder are assumed by a third party after the sale or other transfer of obligations.

Modifications.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on Tall Dates.com 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 Tall Dates.com. Your continued use of Tall Dates.com 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.


Privacy Policy

Privacy and Use of Information.
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 Tall Dates.com; and we cannot assume any responsibility for the content of messages sent by other users of Tall Dates.com, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.

Restriction on Use of Your Information.
Except as otherwise provided in our privacy policy statement, we will not sell, rent or otherwise disclose any personally identifiable information about you (including your e-mail address) to any third party.

Gathering of Information.
The following discloses our information gathering and dissemination practices for Tall Guy Interactive and the Tall Dates.com website. Please note that this policy in no way supersedes, replaces or complements the privacy policies of our partner companies.

The Tall Dates site requires visitors to register for free a free account before gaining access to our services. The registration form is often linked to a mailing list function and require users to give contact information (such as name and e-mail address). We use this contact information to send users information about our company and its products and services. The information is also used to contact site visitors by e-mail for marketing purposes if they have granted permission to us to send it to them, and for administrative purposes. Users may also be contacted by phone or postal mail as required to remedy functional, technical, administrative or operational issues. Any financial information collected is shared with our credit card processor to bill users for access to our services, and is stored by our credit card processor and Tall Dates.

We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is also used to gather broad, personally non-identifiable demographic information, such as which countries our site visitors come from. This web site does not currently use cookies, but it may do so in the future. If so, cookies may be used to correlate previously supplied information about you for personalization and tracking purposes.

The Tall Dates web site contains links to other sites. Tall Dates is not responsible for the privacy practices or the content of such web sites and recommends that viewers check the privacy policies of other sites to be aware of how your information is being used.

Our Security Measures
Tall Dates uses industry standard technologies and processes, such as secure sockets layer and a physically protected data center, to protect your data. However, perfect security on the Internet is currently impossible. While we make every effort to protect your data, we do not guarantee that your data is perfectly protected.

Notifications of Changes.
Tall Dates reserves the right to change its privacy policy at any time. Notifications of changes to our privacy practices will occur through one or more of the following communications:
*Posting of a message on the www.Tall Dates.com home page
*Users voluntarily viewing the privacy statement for periodic changes

 
©COPYRIGHT 2005 Tall Guy Interactive. All Rights Reserved.