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TERMS OF USE AGGREEMENT

 

THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).

 

The TownsBestSingles.com service (“TownsBestSingles”, "TownsBestSingles.com" or the "Service") is a way for adults to meet each other online. TownsBestSingles.com is provided by TownsBestSingles, Inc. As used in this Agreement, "we" and "us" mean TownsBestSingles or any successor or assign of TownsBestSingles.

 

The Agreement embodied by these Terms and Conditions constitutes your agreement with TownsBestSingles, Inc. ("we" or "TownsBestSingles" or “us”) with respect to your use of the Service and the Software. By registering for TownsBestSingles.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member.

 

If you do not agree to the terms, please do not register for the TownsBestSingles.com Service.

 

The terms are subject to change by TownsBestSingles.com. We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. TownsBestSingles.com assumes no responsibility to email you or otherwise contact you regarding any such changes, regardless of any past or future such contact from TownsBestSingles.com. TownsBestSingles.com will, however, post the Agreement with any changes on its website and update the date contained there on so that users will be on notice of the changes. You agree to assume the duty to check TownsBestSingles’s webpage for any such updates or changes to this Agreement. If you do not agree to any modifications, you must immediately terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in or updates to this Agreement, will constitute a binding acceptance by you of this Agreement, and/or any subsequent modifications.

 

ELIGIBILTY

The Service and Software are intended for adults only. You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority"). If you continue with registration to TownsBestSingles, use of the Service in violation of this section, it may result in legal action against you.

 

 

 

PRIVACY INFORMATION

 

Your personal information will not be sold to any third party.

You acknowledge that

(a) We cannot ensure the security or privacy of information you provide through the Service or any and all messages sent through the Service. You hereby release TownsBestSingles from any and all liability in connection with the use or misuse of such information, including but not limited to invasion of privacy and misappropriation, by any and all parties who may receive or come into contact with such information.

(b) We are not responsible for, and cannot control, the use of the Service by anyone and their use of any information which you may provide to them. You acknowledge that it is your duty to exercise caution in selecting the personal information you provide through the Service. You hereby release TownsBestSingles from any and all liability arising from anyone's use of information you have provided to or through the Service;

(c) We cannot and do not assume any responsibility for and you hereby release TownsBestSingles from any liability for the content of messages sent by others through the nor for any information posted by others on the Service and you release TownsBestSingles from any and all liability in connection with the contents of any communications you may receive from others in connection with your use of the Service and/;

(d) You acknowledge that you will not sue TownsBestSingles nor any of its employees for any damages done to you through the site; and

(e) Any and all images uploaded to TownsBestSingles become property of TownsBestSingles and may be used by TownsBestSingles, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to TownsBestSingles for marketing this site in our sole discretion.

 

 

 

WARNING - PLEASE READ THIS

It is possible that other TownsBestSingles.com Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the TownsBestSingles.com service, and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. TownsBestSingles.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the TownsBestSingles.com service or release to others. TownsBestSingles.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the TownsBestSingles.com service. TownsBestSingles.com shall have the right to remove any such material that violates, or is alleged to violate, the law or this agreement. Notwithstanding this right of TownsBestSingles.com, you remain solely responsible for the content of the materials you post in the public areas of the service, and your private e-mail messages. E-mails sent between you and other TownsBestSingles.com members, that are not readily accessible to the general public, will be treated as private by TownsBestSingles.com to the extent required by applicable law.

You acknowledge that TownsBestSingles has made no representations about the effectiveness, safety or security of the Service and you agree TownsBestSingles has no liability to you or any third party arising out of your use or the use of your account on the Service.


We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service. You assume all risk that the data and/or images contained in any user's profile, email or otherwise may be out of date, misleading or fraudulent, including but not limited to such user's age or marital status. You agree TownsBestSingles has no liability to you for any such incorrect, misleading or out of date information you receive or access through the Service.

 

 

CODE OF CONDUCT


You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any information that you display when using the Service or to other members. You agree that all such information provided by you shall be truthful and lawful. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided the information through the Service and/;


b) You are aware that the Service  may contain explicit adult oriented materials, including but not limited to photos and text, provided by consenting users and agree to hold TOWNSBESTSINGLES harmless for such explicit adult oriented materials;


c) You will not use the Service  to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain sexually explicit conduct, libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;


d) You will not use the Service  to infringe the privacy rights, property rights, or civil rights of any person;


e) You will not post messages, pictures or recordings or use the Service in any way which

i. 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 right(s), or

ii. is fraudulent, violates any law or is otherwise unlawful.


f) You will not authorize others to use the Service  and you may not transfer, trade or share accounts with anyone;


g) You will not use the Service  to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;


h) You will not forward chain letters through the Service ;


i) You may not use the Service and/ for any unlawful purpose;


j) You acknowledge that may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.


k) You further acknowledge and agree that we have no duty and assume no obligation to check for such vulgar, infringing or offensive content; however, we may at anytime make such determination and block your use of such content.

 

INFORMATION MONITORING

 

We reserve the right to monitor all public postings, advertisements and messages to ensure that they abide to content guidelines that are monitored by us and subject to change from time to time.

 

TERMINATION OF SERVICE

 

TownsBestSingles may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. You acknowledge that we are not responsible for suspension and/or termination of the Service, regardless of the cause of the interruption, termination or suspension.

INFORMATION REMOVAL

TownsBestSingles.com reserves the right, but are not obligated, to move, delete, or edit messages or materials, including without free profiles, messages and public postings, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise improper While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

 

 

EXTERNAL LINKS

The Service and/or the Software may from time to time contain links to other sites and resources ("External Links"). You hereby acknowledge and agree that TownsBestSingles is not responsible for, and has no liability as a result of, the availability of External Links or the contents of such links.

 

MODIFICATIONS

 

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. TownsBestSingles assumes no responsibility to email you or otherwise contact you regarding any such changes, regardless of any past or future such contact from TownsBestSingles. TownsBestSingles will, however, post the Agreement with any changes on its website and update the date contained there on so that users will be on notice of the changes. You agree to assume the duty to check TownsBestSingles’s webpage for any such updates or changes to this Agreement. If you do not agree to any modifications, you must immediately terminate your use of the Service and the Software. Your continued use of the Service and/or the Software now, or following the posting of notice of any changes in or updates to this Agreement, will constitute a binding acceptance by you of this Agreement, and/or any subsequent modifications.

 

JURISTICTION/DISPUTES

 

This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws of the State of Pennsylvania , excluding its conflict of law provisions. You and TownsBestSingles hereby submit to the personal jurisdiction of the state and federal courts of the State of Pennsylvania in and for Delaware County for resolution of all disputes. You agree to exclusive venue for any and all conflicts arising out of this agreement and/or your use of TownsBestSingles, the Service to be Delaware County, Pennsylvania .

 

DISCLAIMER OF WARRENTIES AND LIMITATION OF LIABILITY

 

YOU UNDERSTAND AND AGREE THAT YOU USE TOWNSBESTSINGLES.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. THE SERVICE PROVIDED BY OR THROUGH TOWNSBESTSINGLES ARE PROVIDED ON A "AS IS" BASIS AND USE OF SUCH INFORMATION IS AT THE USER'S OWN RISK. TOWNSBESTSINGLES HEREBY DISCLAIMS ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE ALONG WITH ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

 

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY TOWNSBESTSINGLES IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY TOWNSBESTSINGLES, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE 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 MODIFICATION.

 

TOWNSBESTSINGLES DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR, IN THE EVENT OF A DEFECT IN THE PRODUCT, THAT THE DEFECT WILL BE CORRECTED EITHER IN A TIMELY MANNER OR AT ALL. TOWNSBESTSINGLES, ADDITIONALLY, DOES NOT WARRANT THAT ANY OR ALL MATERIAL ON THE SITE WILL BE ACCURATE, ERROR FREE AND/OR NON-OBJECTIONABLE, WHETHER DUE TO AN ERROR ON THE PART OF TOWNSBESTSINGLES, ERRORS IN THE SERVICE OR DUE TO MISUSE ON THE PART OF ANY OR ALL USERS OF THE SERVICE.
FINALLY, TOWNSBESTSINGLES DOES NOT WARRANT THAT THE SERVICE WILL OPERATE IN THE COMBINATIONS WHICH THE USER MAY DESIRE. NOR DOES IT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH ALL USER'S OPERATING SYSTEMS, INTERNET SERVICE PROVIDERS, BROWSERS OR OTHER APPLICATIONS ON THE USER'S COMPUTER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TOWNSBESTSINGLES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY TOWNSBESTSINGLES AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE TOWNSBESTSINGLES SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE TOWNSBESTSINGLES.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER TOWNSBESTSINGLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.