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.
