MEMBER'S RESPONSIBILITIES
1. Content. I will be solely responsible for the content or information that I publish or otherwise communicate through the Services to other members. I consent and licence CLUB-CUPID.COM.AU to use and disclose the content that I furnish in providing its Services.
2. Use of Services.
a. I will use the Services in a manner consistent with any and all applicable local, state, national and international laws.
b. I will not provide inaccurate, misleading or false information to CLUB-CUPID.COM.AU or to any other visitor or member.
c. I will not use the system provided to transport to any other user any obscene, defamatory, offensive, threatening, harassing, or illegal materials or other materials that offend or violate any other party's rights.
d. I will not engage in any advertising or solicitation to buy or sell any products or services through the use of these Services.
e. I will not post, copy, transfer or show in any manner any copyrighted or trademarked or proprietary information without the prior consent of the owner of such proprietary rights.
f. I will only create one unique profile for the Services provided. I will not include any telephone numbers, street addresses, last names, URLs, or e-mail addresses in any content.
CLUB-CUPIDS RIGHTS
3. CLUB-CUPID.COM.AU Content Review. I agree and understand that CLUB-CUPID.COM.AU may, but is not required to, review and delete any content, messages, photos or profiles that, in CLUB -CUPID.COM.AU 'S sole judgment, violates this Agreement or which may be offensive, illegal or that might violate the rights of other members.
4. Proprietary Rights. I acknowledge CLUB-CUPID.COM.AU owns and retains all proprietary rights in the Services and its Web site. The Web site contains the copyrighted material, trademarks, and other proprietary information of CLUB-CUPID.COM.AU, and its licensors. I understand that I may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. LIMITATIONS
5. Compatibility. I understand that CLUB-CUPID.COM.AU makes no guarantees, either expressed or implied, regarding my ultimate compatibility with individuals I meet through these services.
6. LIMITATION ON LIABILITY. I UNDERSTAND THAT CLUB-CUPID.COM.AU WILL NOT BE LIABLE TO ME OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM MY USE OF THE WEB SITE OR THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, I UNDERSTAND CLUB-CUPID.COM.AU'S LIABILITY TO ME FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT I PAID CLUB-CUPID.COM.AU FOR THE SERVICES.
7. Disclaimers. I understand CLUB-CUPID.COM.AU is not responsible for any incorrect or inaccurate information posted on the Web site or in connection with the Services. The Web site and the Services are provided "AS-IS" and CLUB-CUPID.COM.AU expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CLUB-CUPID.COM.AU cannot guarantee and does not promise any specific results from use of the Web site and/or the Services.
8. User's Conduct. I understand CLUB-CUPID.COM.AU is not responsible for the conduct, whether online or offline, of any user of the Web site or of the Services.
9. Lack of Responsibility. I acknowledge that CLUB-CUPID.COM.AU assumes no responsibility for any error or delay in transmission, line failure, theft or destruction or unauthorized access to my communications. CLUB-CUPID.COM.AU is not responsible for any problems with any telephone network or lines, computer online systems, servers or providers, software, failure of email on account of technical problems on the Internet, including injury or damage to my computer resulting from participating or downloading materials in connection with the Web and/or in connection with the Services.
10. LOSS. I AGREE THAT CLUB-CUPID.COM.AU WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEB SITE OR THE SERVICES, ANY INFORMATION POSTED ON THE WEB SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE. DISPUTES AND INDEMNIFICATION
11. Disputes. I agree that if there is any dispute about or involving the Web site and/or the Service, by using the Web site, the dispute will be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the State of Queensland and the Australian Courts.
12. INDEMNITY. I AGREE TO INDEMNIFY AND HOLD CLUB-CUPID.COM.AU, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, 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 MY USE OF THE SERVICES IN VIOLATION OF THIS AGREEMENT AND/OR ANY BREACH OF MY REPRESENTATIONS IN THIS AGREEMENT. MISCELLANEOUS
13. Advertisers. I acknowledge that my correspondence or business dealings with advertisers found on or through the Services, including payment and delivery of related goods or services are solely between myself and such advertiser. I agree that CLUB-CUPID.COM.AU shall not be responsible or liable for any loss or damage incurred as the result of such advertisers on the Services.
14. Other. This Agreement contains the entire agreement between myself and CLUB-CUPID.COM.AU regarding the use of the Web site and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
TERMINATION
15. Account Termination. I may terminate my account by contacting CLUB-CUPID.COM.AU Customer Service. I agree that CLUB-CUPID.COM.AU may terminate my account for any reason, effective upon sending notice to me at the e-mail address I provided when signing up.
16. Fees. In the event I terminate my account or CLUB-CUPID.COM.AU terminates my account, I agree that all fees then paid to CLUB-CUPID.COM.AU are non-refundable. CLUB-CUPID and CLUB-CUPID.COM.AU are trademarks of CLUB-CUPID. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I AGREE TO THE CHARGES FOR THE SERVICES.
ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
Club-cupid.com.au has a very strict no spam policy. We do not tolerate spam of any sort whatsoever. Spamming will result in the immediate termination of your account and you will not be paid so DO NOT SPAM! Any mass e-mailings must conform to our opt in email policies and must be pre approved by our staff.
As you know, the United States Congress recently enacted the CAN-SPAM Act ('the Act'). As directed by the Act, the FTC has just issued its final Rule to prescribe a mark to be included in all commercial electronic mail that contains sexually oriented materials.
EFFECTIVE IMMEDIATELY
ALL AFFILIATES MUST COMPLY WITH THE ACT when promoting Club Cupid
Following are the requirements of the final FTC Rule that you must comply with when sending sexually oriented email to promote our products:
1. A valid postal address must be displayed in the 'brown paper wrapper' area of the email message. In addition, the 'brown paper wrapper' area must indicate that the message itself is an advertisement or solicitation, and contain an e-mail address that the recipient can reply to declining any further commercial e-mail messages from the sender.
2. As CAN SPAM covers both visual images as well as the written word, the subject line must not contain text with written descriptions of Sexually Explicit Conduct. Also the 'brown paper wrapper' area of the email message must not contain Materials with Sexually Explicit Conduct. Sexually Explicit Conduct means actual or simulated sexual intercourse [including genital-genital, oral-genital, anal-genital, or oral-anal, whether heterosexual or homosexual]; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of a human being.
3. Violation of the CAN-SPAM ACT may lead to civil and criminal penalties. You should seek proper advice from a qualified legal specialist. All violators will be terminated from the program in accordance with the terms and conditions and we reserve the right to report violations of the Act.
ACCEPTABLE EMAIL USE POLICY:
PLEASE BE AWARE THAT THE UNITED STATES CONGRESS RECENTLY ENACTED NEW ANTI-SPAM LEGISLATION THAT WILL AFFECT HOW YOU SEND E-MAIL MESSAGES UNDER THIS SITE'S AFFILIATE PROGRAM. AS A RESULT OF THIS NEW LAW, WHICH BECOMES EFFECTIVE JANUARY 1, 2004, ANY PROGRAM PARTICIPANT THAT SENDS COMMERCIAL E-MAILS ADVERTISING SEXSEARCH'S PRODUCTS AND SERVICES TO ANY U.S. RECIPIENT MUST COMPLY AS FOLLOWS:
UNSOLICITED COMMERCIAL E-MAILS
ANY UNSOLICITED COMMERCIAL E-MAIL ADVERTISING SEXSEARCH'S PRODUCTS AND SERVICES MUST INCLUDE THE FOLLOWING:
- CLEAR AND CONSPICUOUS IDENTIFICATION OF THE MESSAGE AS AN "ADVERTISEMENT" OR "SOLICITATION."
- NOTICE THAT THE E-MAIL RECIPIENT MAY CHOOSE NOT TO RECEIVE ADDITIONAL E-MAILS REGARDING THE COMPANY'S SERVICES AND PRODUCTS.
- A RETURN E-MAIL ADDRESS OR OTHER EFFECTIVE INTERNET MECHANISM THE E-MAIL RECIPIENT MAY USE TO NOTIFY YOU THAT IT DOES NOT WISH TO RECEIVE ADDITIONAL E-MAILS REGARDING THE COMPANY'S PRODUCTS AND SERVICES. PER THE STATUTE'S REQUIREMENT, THE "OPT-OUT" MECHANISM MUST BE AVAILABLE FOR AT LEAST 30 DAYS AFTER THE TRANSMISSION OF THE ORIGINAL E-MAIL AND YOU OR ANY PARTY WORKING ON YOUR BEHALF MUST HONOR ANY SUCH OPT-OUT REQUESTS WITHIN 10 DAYS OF THE REQUEST.
- YOU MAY NOT SELL OR OTHERWISE TRANSFER TO ANYONE ELSE THE E-MAIL ADDRESSES OF THOSE PERSONS CHOOSING NOT TO RECEIVE ADDITIONAL E-MAILS.
- A VALID PHYSICAL POSTAL ADDRESS OF THE COMPANY WHICH IS SENDING THE EMAIL MUST BE ATTACHED TO EVERY APPROVED EMAIL.
- E-MAIL MESSAGES CONTAINING SEXUALLY ORIENTED MATERIAL MUST INCLUDE A WARNING LABEL OF SUCH IN THE SUBJECT HEADING. YOU MUST ALSO INDICATE THAT UNLESS THE RECIPIENT TAKES FURTHER ACTION TO VIEW THE SEXUALLY ORIENTED MATERIAL, THE MESSAGE INITIALLY VIEWABLE TO THE RECIPIENT WHEN THE E-MAIL IS OPENED INCLUDES ONLY THE WARNING LABEL AND INSTRUCTIONS ON HOW TO ACCESS, OR A MECHANISM TO ACCESS, THE SEXUALLY ORIENTED MATERIAL.
ALL COMMERCIAL E-MAILS
YOU ARE PROHIBITED FROM SENDING ANY SOLICITED OR UNSOLICITED COMMERCIAL E-MAILS ADVERTISING CLUB CUPID'S SERVICES AND PRODUCTS THAT CONTAIN THE FOLLOWING:
- FALSE OR MISLEADING HEADER INFORMATION.
- HEADER INFORMATION THAT IS TECHNICALLY ACCURATE, BUT INCLUDES AN ORIGINATING E-MAIL ADDRESS, DOMAIN NAME OR IP ADDRESS OBTAINED THROUGH FALSE OR FRAUDULENT MEANS.
- HEADER INFORMATION THAT FAILS TO ACCURATELY IDENTIFY THE COMPUTER USED TO ORIGINATE THE MESSAGE IN AN ATTEMPT TO DISGUISE THE ORIGIN OF THE E-MAIL.
- FALSE OR MISLEADING SUBJECT HEADINGS.
PROHIBITED COMMERCIAL ACTIVITIES
YOU ARE PROHIBITED FROM ENGAGING IN THE FOLLOWING ACTIVITIES:
- SENDING COMMERCIAL E-MAIL MESSAGES USING E-MAIL ADDRESSES OBTAINED THROUGH AN AUTOMATED MEANS FROM AN INTERNET WEBSITE OR PROPRIETARY ONLINE SERVICE OPERATED BY ANOTHER PERSON WHO HAD AGREED NOT TO GIVE, SELL OR OTHERWISE TRANSFER THE RECIPIENTS' INFORMATION TO ANOTHER PARTY.
- SENDING COMMERCIAL E-MAIL MESSAGES USING E-MAIL ADDRESSES OBTAINED THOUGH AN AUTOMATED MEANS THAT GENERATES POSSIBLE ELECTRONIC MAIL ADDRESSES BY COMBINING NAMES, LETTERS OR NUMBERS INTO NUMEROUS PERMUTATIONS.
- USING A COMPUTER WITHOUT AUTHORIZATION TO SEND E-MAIL MESSAGES THAT VIOLATE THE ANTI-SPAM LAW.
- USING A SCRIPT OR OTHER AUTOMATED MEANS TO REGISTER FOR E-MAIL ACCOUNTS OR ONLINE USER ACCOUNTS FROM WHICH COMMERCIAL E-MAIL ADVERTISEMENTS THAT VIOLATE THE U.S. ANTI-SPAM LAW WILL BE FORWARDED.
THE ABOVE-MENTIONED REQUIREMENTS WILL BE INCORPORATED INTO AND ARE IN ADDITION TO CLUB CUPID'S EXISTING ANTI-SPAM POLICIES AS SET FORTH IN THE COMPANY "TERMS OF USE." BEGINNING JANUARY 1, 2004, YOU WILL BE REQUIRED TO COMPLY WITH EACH OF THE TERMS ABOVE AND ANY ADDITIONAL TERMS INCORPORATED INTO CLUB CUPID'S ANTI-SPAM POLICIES. PLEASE NOTE THAT THE INFORMATION PROVIDED IN THIS POSTING IS NOT LEGAL ADVICE. YOU AND YOUR LEGAL COUNSEL ARE RESPONSIBLE FOR READING AND INTERPRETING THE ANTI-SPAM LAW ON YOUR OWN (CLICK HERE TO ACCESS LINK TO LAW, http://www.spamlaws.com/federal/108s877.html). FAILURE TO COMPLY WITH ANY ONE OF THE TERMS OR THE LAW WILL LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF YOUR COMMISSIONS!
Should we determine, in our sole discretion that you have violated this agreement or any of its requirements, your account will be terminated immediately and you will not be paid. You will also not be allowed to sign up for another account, and your information may be turned over to complaining parties.
Copyright © 2005 Club Cupid, All Rights Reserved.