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Welcome to Simpatico.com. Simpatico.com is operated by Simpatico Networks. You must read and accept all of the terms and conditions of this agreement ("Agreement") and of the Privacy Policy. If you do not agree to be bound by the terms after you read this Agreement, you may not use the Simpatico.com. (the "Website") By visiting the Simpatico.com website, you are agreeing to its terms.
This Agreement sets out the legally binding terms of your use of the Web Site and your membership in the service and may be modified by Simpatico.com at any time and without prior notice, such modifications are effective upon posting by Simpatico.com on the Web site. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Website. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement. This Agreement is subject to change at any time, and changes are effective upon posting. Check this page frequently as it is up to you to refer to this page for amendments/changes to the original Agreement. Registration on the Website constitutes explicit acceptance of the terms herein and YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES.
1. Eligibility
You must be eighteen or over to register as a member of Simpatico.com or use the Website. Membership in Simpatico.com 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.
In addition, you must provide true, accurate and complete registration information to be a Simpatico.com member ("Member"). As part of the registration process, you will be asked to provide a name and password and you will be responsible for all activities occurring under your name and for keeping your password secure, including but not limited to, maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use. We may refuse to grant you registration under a name that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You agree to notify Simpatico.com immediately of any unauthorized use of your account. Simpatico.com will not be held liable for any loss or damage for non-compliance.
2. Non Commercial Use by Members
The Website 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 or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, sending advertisements for other web sites and services in this site's chat rooms once chat services are launched, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Simpatico.com's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, Simpatico.com may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at Simpatico.com's sole discretion.
International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Simpatico.com service.
3. Content Posted on the Website
Simpatico.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Simpatico.com may delete any content, messages, event listings, classified listings, photos or profiles (collectively, "Content") that in the sole judgment of Simpatico.com violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Simpatico.com and/or its members and affiliates.
You are solely responsible for the content that you publish or display (hereinafter, "post") on Simpatico.com or transmit to other Simpatico.com members or members of affiliated Simpatico.com sites.
By posting content to any public area of Simpatico.com , you automatically grant, and you represent and warrant that you have the right to grant, to Simpatico.com and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Simpatico.com, if you provide Simpatico.com with your email address via a registration process or post it on Simpatico.com you thereby authorize Simpatico.com and its affiliates and any entities that Simpatico.com becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you. If you wish to opt-out of such marketing programs described above, you can do so here by clicking Opt Out.
Simpatico.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators.
Content violations on Simpatico.com are strictly prohibited; however there is a small chance you might be exposed to some of the items herein. As such, you waive your right to any damages from any party related to such exposure.
You are responsible for your Profile and for any Events, Ads, Club postings or other information you post that is associated with your Profile. Your Profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. You may not include in your Member Profile any telephone numbers, street addresses, last names, or email addresses.
The following is a partial list of the kind of content that is illegal or prohibited on the site. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," "spam," or unsolicited commercial e-mail; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video links to pirated music, video, or software files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; involves cursing, swearing, incest, falsifying gender, violence, impersonating another member, threat of suicide or harm to oneself or others, or drug paraphernalia; provides instructional information about illegal 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 or unlawful purposes from other users; sends advertisements in chat or instant messaging messages; and engages in unauthorized commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, and pyramid schemes.
You must use the Simpatico.com service in a manner consistent with any and all applicable laws and regulations.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Simpatico.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or maybe licensed to Simpatico.com by our users or third parties.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Simpatico.com members. Although Simpatico.com can not monitor the conduct of its members off the Simpatico.com, it is also 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, advertise to, solicit, or sell to any member without their prior explicit consent.
4. Proprietary Rights of Content on Simpatico.com:
Simpatico Networks owns and retains other proprietary rights in the Simpatico.com site and the Simpatico.com service. The site contains the copyrighted material, trademarks, and other proprietary information of Simpatico.com and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information or create derivative works from our web site to the extent that such action(s) would constitute copyright infringement or otherwise result in a violation of the intellectual property rights of Simpatico.com or any other third party, except with the prior written consent or the consent of Simpatico.com or the third party.
5. Events, Club Events and Offline meetings:
We provide tools that enable our users to arrange physical meetings ( Events) at venues that include, but are not limited to, public parks or private enterprises (such as coffee shops or retail stores). We do not supervise these Events and are not involved in any way with the actions of any individuals at these Events . As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that our users exercise caution and good judgment when attending these Events.
RELEASE. BECAUSE WE DO NOT SUPERVISE THE EVENTS BETWEEN USERS AND OTHER PERSONS, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH PHYSICAL TRANSPORTATION TO OR FROM THESE EVENTS OR WITH THE ACTIONS OF ANY INDIVIDUALS AT THESE EVENTS, YOU AGREE TO RELEASE Simpatico.com (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AND THIRD PARTY PARTNERS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR TRANSPORTATION TO OR FROM, ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, BEFORE AN EVENT, OR THERAFTER.
6. Copyright Policy/DMCA Notice
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 or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Simpatico.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks; 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. Simpatico.com' s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
________________________________________
General Counsel,
Simpatico Networks
Planetarium Station
P.O. Box 269
New York, NY 10024
________________________________________
It is the intention of Simpatico.com to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes
You are solely responsible for your interactions with other Simpatico.com Members. Simpatico.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy
Use of the Web site and/or the Service is also governed by our Privacy Policy.
9. Disclaimers
Simpatico.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Simpatico.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Simpatico.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Simpatico.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Simpatico.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Simpatico.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Simpatico.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users from Simpatico.com or through or from the service shall create any warranty not expressly stated herein.
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Simpatico.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Simpatico.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Simpatico.com 's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to a ceiling of the amount paid, if any, by you to Simpatico.com for the Service during the term of membership.
11. Disputes
If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
12. U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Simpatico.com and any User of the Service.
14. Indemnity
You agree to indemnify and hold Simpatico.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. Other
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Simpatico.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Simpatico.com is a trademark of Simpatico Networks.
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