Welcome to Realsoulmates.com, the service
for single adults to meet each other online, operated by Realsoulmates.com,
("Realsoulmates.com"). By using the Realsoulmates.com Website, (the
"Website") you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member of Realsoulmates.com ("Member").
If you wish to become a Member and make use of the Realsoulmates.com
service (the "Service"), please read these Terms of Use. If
you object to anything in this Agreement or the Realsoulmates.com Privacy
Policy, do not use the Website or the Service. The Terms of Use are subject to change by
Realsoulmates.com at any time, effective upon posting on the
Realsoulmates.com website, and your use of the Service after such posting
will constitute acceptance by you of such changes.
1.
Acceptance of Terms of Use Agreement.
a.
Electronic Agreement. This Agreement is an electronic contract
that sets out the legally binding terms of your use of the Website and
your membership in the Service. This Agreement may be modified by
Realsoulmates.com from time to time, such modifications to be
effective upon posting by Realsoulmates.com on the Website. This
Agreement includes Realsoulmates.com's Acceptable Use Policy for
Content Posted on the Website, Realsoulmates.com's Privacy Policy,
Realsoulmates.com’s subscription policies and any notices regarding
the Website. By accessing the Website or becoming a Member, you accept
this Agreement and agree to the terms, conditions and notices
contained or referenced herein.
b.
Electronic Form. By accessing the Website or becoming a Member, you
consent to have this Agreement provided to you in electronic form.
c.
Non-electronic Copy. You have the right to receive this Agreement in
non-electronic form. You may request a non-electronic copy of this
Agreement either before or after you electronically sign the
Agreement. To receive a non-electronic copy of this Agreement, please
send an e-mail to
customercare@Realsoulmates.com or a letter and self-addressed
stamped envelope to: Realsoulmates.com, P.O. Box 6096, East Brunswick, NJ08816.
d.
Withdrawing Your Consent. You have the right at any time to
withdraw your consent to have this Agreement provided to you in
electronic form.
(i) Effect. Should you choose to withdraw your
consent to have this Agreement provided to you in electronic form,
we will discontinue your then-current username and password. This
means that you will not have the right to use the Service unless,
and until, we issue you a new username and password. We only will
issue you a new username and password after we receive a signed
copy of a non-electronic version of this Agreement, which we will
send to you upon request.
(ii) Notice. To withdraw your consent and/or request
a non-electronic copy of this Agreement, please send an email to
customercare@Realsoulmates.com or a letter and self-addressed
stamped envelope to: Realsoulmates.com, P.O. Box 6096, East Brunswick, NJ08816.
(iii) Prospective Nature. Your withdrawal of consent shall be
effective within a reasonable time after we receive your
withdrawal notice described above. Your withdrawal of consent will
not affect the legal validity or enforceability of the Agreement
provided to, and electronically signed by, you prior to the
effective date of your withdrawal.
e.
Access and Retention. In order to access and retain this
electronic Agreement, you must have access to the World Wide Web,
either directly or through devices that access web-based content, and
pay any service fees associated with such access. In addition, you
must use all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an
electronic copy of this Agreement, you may save it into any word
processing program. Via, the Website, we will notify you of any
changes in the hardware or software requirements needed to access
and/or retain this Agreement that create a material risk that you will
not be able to continue to access and/or retain this electronic
Agreement.
2.
Eligibility.
You must be at least eighteen (18) years of age and single or separated
from your spouse to register as a member of Realsoulmates.com or use the
Website. Membership in the Service 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.
3.
Membership and Subscription; Pricing.
You may become a Member of the Service at no cost. As a Member, you will
have the ability to participate in some, but not all, of the features and
services available within the Service. In order to access additional
features and services, including the ability to communicate with other
Members, you must become a paying subscriber to the Service. Please see
Subscribe
for a description of the current subscription plans and their prices.
Please note that the subscription policies that are disclosed to you in
subscribing to the service are deemed part of this Agreement. Please see
Billing Details
for a description of such policies. For purposes of this Agreement the
term “Member” includes subscribers, unless where its usage indicates
otherwise. From time to time, Realsoulmates.com may remove the profiles of
non-subscribers.
4.Term.
This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership and/or
subscription at any time, for any reason, by following the instructions on
the Resign pages in
Account Settings, or by sending Realsoulmates.com written notice of
termination to Realsoulmates.com, P.O. Box 940689, Plano, TX 75094 or
email notice of termination to
customercare@Realsoulmates.com. If you terminate your subscription,
your subscription will remain active until the end of your then-current
subscription period (that is, the subscription period through which you
had paid prior to your termination). Realsoulmates.com may terminate your
membership and/or subscription by sending notice to you at the email
address you provide in your application for membership, or such other
email address as you may later provide to Realsoulmates.com. If
Realsoulmates.com terminates your membership in the Service because you
have breached this Agreement, you will not be entitled to any refund of
unused subscription fees.
All decisions regarding the termination of accounts shall be made in the
sole discretion of Realsoulmates.com. Realsoulmates.com is not required to
provide you notice prior to terminating your membership and/or
subscription. Realsoulmates.com is not required, and may be prohibited,
from disclosing a reason for the termination of your account. Even after
your membership or subscription is terminated, this Agreement will remain
in effect. All terms that by their nature may survive termination of this
Agreement shall be deemed to survive such termination.
5.
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 and unauthorized framing of or linking to the Website
may be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress. Use of the
Website is with the permission of Realsoulmates.com, which may be revoked
at any time, for any reason, in Realsoulmates.com’s sole discretion.
6.
Account Security.
You are responsible for maintaining the confidentiality of the username
and password that you designate during the Registration process, and you
are fully responsible for all activities that occur under your username
and password. You agree to (a) immediately notify Realsoulmates.com of any
unauthorized use of your username or password or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. Realsoulmates.com will not be liable for any loss or damage
arising from your failure to comply with this provision. You should use
particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or
other personal information. If you share your computer with others, you
may wish to consider disabling your auto-sign in feature if you have
linked your Microsoft .Net Passport or AOL ScreenName to your
Realsoulmates.com account.
7.Your
Interactions with Other Members.
You are solely responsible for your interactions with other Members. You
understand that Realsoulmates.com does not in any way screen its Members,
nor does Realsoulmates.com inquire into the backgrounds of its Members or
attempt to verify the statements of its Members. Realsoulmates.com makes
no representations or warranties as to the conduct of Members or their
compatibility with any current or future Members. In no
event shall Realsoulmates.com be liable for any damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential,
and/or incidental, arising out of or relating to the conduct of you or
anyone else in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other registered users of
this Service or persons you meet through this Service.
You agree to take reasonable precautions in all interactions with other
Members of the Service, particularly if you decide to meet offline or in
person. In addition, you agree to review Realsoulmates.com’s
Dating Safety Tips prior to using the Service. You understand that
Realsoulmates.com makes no guarantees, either express or implied,
regarding your ultimate compatibility with individuals you meet through
the Service. You should not provide your financial information (for
example, your credit card or bank account information) to other Members.
8.
Content on Realsoulmates.com.
(a) Proprietary Rights. Realsoulmates.com owns and retains all
proprietary rights in the Website and the Service. The Website
contains the copyrighted material, trademarks, and other proprietary
information of Realsoulmates.com, and its licensors. Except for that
information which is in the public domain or for which you have been
given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary
information.
(b) Reliance on Content, Advice, Etc. Opinions, advice,
statements, offers, or other information or content made available
through the Service, but not directly by Realsoulmates.com, are those
of their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content.
Realsoulmates.com does not: (i) guarantee the accuracy, completeness,
or usefulness of any information on the Service, or (ii) adopt,
endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on
the Website. Under no circumstances will Realsoulmates.com or its
affiliates be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Website or
transmitted to or by any Members.
9.
Content Posted by You on Realsoulmates.com.
a. You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the
Service, or transmit to other Members. You will not post on the
Service, or transmit to other Members, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any material
that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and
publicity). You will not provide inaccurate, misleading or false
information to the Company or to any other Member. If information
provided to Realsoulmates.com, or another Member, subsequently becomes
inaccurate, misleading or false, you will promptly notify
Realsoulmates.com of such change.
b. You understand and agree that
Realsoulmates.com may review and delete any content, messages,
double-blind emails, photos or profiles (collectively, "Content"), in
each case in whole or in part, that in the sole judgment of
Realsoulmates.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the
safety of Members.
c. By posting Content to any public area
of Realsoulmates.com, you automatically grant, and you represent and
warrant that you have the right to grant, to Realsoulmates.com, its
affiliates, licensees and successors, an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, reproduce, adapt, modify and distribute such information and
content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and warrant that
public posting and use of your content by Realsoulmates.com will not
infringe or violate the rights of any third party.
d. The following is a partial list of the
kind of Content that is illegal or prohibited on the Website.
Realsoulmates.com reserves the right to 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 Service and terminating the
membership of such violators. It includes, but is not limited to,
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;
involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
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
images, audio or video, or links to pirated images, audio or video
files;
contains restricted or password only access pages,
or hidden pages or images (those not linked to or from another
accessible page);
provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits personal
information from anyone under the age of 18;
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;
and
engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
e. Your use of the Service, including but
not limited to the Content you post on the Service, must be in
accordance with any and all applicable laws and regulations.
f. You may not include in your Member
profile any telephone numbers, street addresses, last names, URLs or
email addresses.
g. You may not engage in advertising to,
or solicitation of, other Members. This includes but is not limited to
solicitation or advertising to buy or sell any products or services
through the Service or to attend parties or other social functions or
networking for commercial purposes. You may not transmit any chain
letters or junk email to other Members. Although Realsoulmates.com
cannot monitor the conduct of its Members off the Website, 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. In order to protect our Members from such
advertising or solicitation, we reserves the right to restrict the
number of emails which a Member may send to other Members in any
24-hour period to a number which we deem appropriate in our sole
discretion.
h. All information you include in your
Member profile must be accurate, current and complete.
10.
Prohibited Activities.
Realsoulmates.com reserves the right to investigate and terminate your
membership if you have misused the Service, or behaved in a way which
could be regarded as inappropriate or whose conduct is unlawful or
illegal. The following is a partial list of the type of actions that you
may not engage in with respect to the Service:
You will not impersonate any person or entity.
You
will not "stalk" or otherwise harass any person.
You
will not express or imply that any statements you make are endorsed by
Realsoulmates.com without our specific prior written consent.
You
will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
You
will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
You
will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
You
will not interfere with or disrupt the Services or the site or the
servers or networks connected to the Services or the site.
You
will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
You
will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You
will not "frame" or "mirror" any part of the Service or the Website,
without Realsoulmates.com’s prior written authorization. You also shall
not use meta tags or code or other devices containing any reference to
Realsoulmates.com or the Service or the site in order to direct any
person to any other web site for any purpose.
You
will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service
or the Website or any software used on or for the Service or cause
others to do so.
11.
Customer Service.
Realsoulmates.com provides assistance and guidance through its customer
care representatives. When communicating with our customer care
representatives, you may not to be abusive, obscene, profane, offensive,
sexist, threatening, harassing, racially offensive, or otherwise behave
inappropriately. If we feel that your behavior towards any of our customer
care representatives or other employees is at any time threatening or
offensive, we reserve the right to immediately terminate your membership
and you will not be entitled to any refund of unused subscription fees.
12.
Subscriptions; Charges on Your Billing Account.
(a) General. Realsoulmates.com bills you through an online account
(your "Billing Account") for use of the Service. You agree to pay
Realsoulmates.com all charges at the prices then in effect for any use
of the Service by you or other persons (including your agents) using
your Billing Account, and you authorize Realsoulmates.com to charge
your chosen payment provider (your "Payment Method") for the Service.
You agree to make payment using that selected Payment Method.
Realsoulmates.com reserves the right to correct any errors or mistakes
that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service
consist of an initial period, for which there is a one time charge,
followed by recurring period charges as agreed to by you. By entering
into this Agreement, you acknowledge that your subscription has an
initial and recurring payment feature and you accept responsibility
for all recurring charges prior to cancellation. REALSOULMATES.COM MAY
SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION
FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON
REQUEST BY REALSOULMATES.COM) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL
NOT AFFECT CHARGES SUBMITTED BEFORE REALSOULMATES.COM REASONABLY COULD
ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO
TO
ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE
CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS,
CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY REALSOULMATES.COM IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH
OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER
NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT
ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE REALSOULMATES.COM ANY OF
THE FOREGOING INFORMATION, YOU AGREE THAT REALSOULMATES.COM MAY
CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING
ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE
(CONFIRMED BY YOU IN WRITING UPON REQUEST BY REALSOULMATES.COM).
(d) Payment Method. The terms of your payment will be based on
your Payment Method and may be determined by agreements between you
and the financial institution, credit card issuer or other provider of
your chosen Payment Method (the "Payment Method Provider"). If
Realsoulmates.com does not receive payment from your Payment Method
Provider, you agree to pay all amounts due on your Billing Account
upon demand.
(e) Change in Amount Authorized. If the amount to be
charged to your Billing Account varies from the amount you
preauthorized (other than due to the imposition or change in the
amount of state sales taxes), you have the right to receive, and
Realsoulmates.com shall provide, notice of the amount to be charged
and the date of the charge at least 10 days before the scheduled date
of the transaction. Any agreement you have with your Payment Method
Provider will govern your use of your Payment Method. You agree that
Realsoulmates.com may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of each billing
cycle.
(f) Auto-renewal. Your Realsoulmates.com subscription will
be automatically extended for successive renewal periods of the same
duration as the subscription term originally selected, at the
then-current non-promotional subscription rate. To change or resign
your subscription at any time, go to
Account Settings.
If you resign, you may use your subscription until the end of your
then-current subscription term; your subscription will not be renewed
after your then-current term expires. However, you won’t be eligible
for a prorated refund of any portion of the subscription fee paid for
the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination
or continued use of the Service reaffirms that Realsoulmates.com is
authorized to charge your Payment Method. Realsoulmates.com may submit
those charges for payment and you will be responsible for such
charges. This does not waive Realsoulmates.com's right to seek payment
directly from you. Your charges may be payable in advance, in arrears,
per usage, or as otherwise described when you initially subscribed to
the Service.
(h) Free Trials and Other Promotions. Any free trial or
other promotion that provides subscriber-level access to the Service
must be used within the specified time of the trial. You must cancel
your subscription before the end of the trial period in order to avoid
being charged a subscription fee. If you cancel prior to the end of
the trial period and are inadvertently charged for a subscription,
please contact
Customer Care to have the charges reversed.
13.
Modifications to Service.
Realsoulmates.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Realsoulmates.com shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
14.
Blocking of IP Addresses.
In order to protect the integrity of the Service, Realsoulmates.com
reserves the right at any time in its sole discretion to block Members
from certain IP addresses from accessing the Website.
15.
Copyright Policy.
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. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: 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 Website; 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. Realsoulmates.com’s Copyright Agent for notice
of claims of copyright infringement can be reached as follows: General
Counsel, Realsoulmates.com, P.O. Box 3870, McAllen, TX 78502.
16.
Member Disputes.
You are solely responsible for your interactions with other
Realsoulmates.com Members. Realsoulmates.com reserves the right, but has
no obligation, to monitor disputes between you and other Members.
17.
Privacy.
Use of the Website and/or the Service is also governed by our
Privacy Policy.
18.
Disclaimers.
Realsoulmates.com is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service, whether
caused by users of the Website, Members or by any of the equipment or
programming associated with or utilized in the Service.
Realsoulmates.com is not responsible for the conduct, whether online or
offline, of any user of the Website or Member of the Service.
Realsoulmates.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. Realsoulmates.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 Website 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 Realsoulmates.com or any of
its affiliates, advertisers, promoters or distribution partners be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or any interactions
between users of the Website, whether online or offline. The Website and
the Service are provided "AS-IS" and Realsoulmates.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
Realsoulmates.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this
Agreement, any advice that may be posted on the Website is for
informational and entertainment purposes only and is not intended to
replace or substitute for any professional financial, medical, legal, or
other advice. Realsoulmates.com makes no representations or warranties and
expressly disclaims any and all liability concerning any treatment, action
by, or effect on any person following the information offered or provided
within or through the Website. If you have specific concerns or a
situation arises in which you require professional or medical advice, you
should consult with an appropriately trained and qualified specialist.
19.
Links.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Realsoulmates.com has no
control over such sites and resources, you acknowledge and agree that
Realsoulmates.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
Realsoulmates.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of, or reliance upon, any such Content, goods or
services available on or through any such site or resource.
20.
Linked Accounts.
Realsoulmates.com permits you to associate a Realsoulmates.com username
and password with your Microsoft .Net Passport ID or your AOL ScreenName
ID. When you establish a linked account, you can sign into Microsoft
Passport or AOL ScreenName and automatically sign into Realsoulmates.com
at the same time. Realsoulmates.com is not responsible for the operation
or functionality of Microsoft Passport or AOL ScreenName. Microsoft is a
registered trademark of Microsoft Corporation and AOL is a registered
trademark of America Online, Inc.
21.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event
will Realsoulmates.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 Realsoulmates.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary
contained herein, Realsoulmates.com’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Realsoulmates.com for the
Service during the term of membership.
22.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.
23.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by
using the Website, you expressly agree that any such dispute shall be
governed by the laws of the State of Texas, without regard to its conflict
of law provisions, and you expressly agree and consent to the exclusive
jurisdiction and venue of the state and federal courts of the State of
Texas, in Dallas or Collin County, for the resolution of any such dispute.
24.
Indemnity by You.
You agree to indemnify and hold Realsoulmates.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.
25.No
Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement,
there shall be no third party beneficiaries to this Agreement.
26.
Other.
This Agreement contains the entire agreement between you and
Realsoulmates.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.
Please
contact us with any questions regarding this agreement.
Realsoulmates.com is a trademark of Realsoulmates.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.