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TERMS OF USE AGREEMENT


Welcome to DatingDifference.com, the service for adults to meet each other online operated by DatingDifference.com. ("DatingDifference.com"). By using the DatingDifference.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the DatingDifference.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by submitting the registration form. InnaCiti Productions, Inc. (“DatingDifference.com” or “we”) operates DatingDifference.com, which is a social networking & online dating platform that allows Members to create unique personal profiles online in order to find and communicate with old and new friends and (or) people of interest. The services offered by DatingDifference include any DatingDifference -branded URL (the " DatingDifference. (com, net, org) Website(s)"), DatingDifference messaging services (including, without limitation, instant messaging, private messaging, and email services), DatingDifference music and video services, DatingDifference developer services, DatingDifference mobile services, DatingDifference blogs, chat rooms, and video forums, and any other features, content, or applications offered from time to time by DatingDifference in connection with DatingDifference business (collectively, the " DatingDifference Services"). The DatingDifference Services are hosted in the United States.


This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by DatingDifference.com from time to time, such modifications to be effective upon posting by DatingDifference.com on the Website. This Agreement includes DatingDifference.com's Acceptable Use Policy for Content Posted on the Website, DatingDifference.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: admin@ DatingDifference.com, Subject: Terms of Use Agreement.


1. Eligibility. You must be eighteen or over to register as a member of DatingDifference.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 and that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the DatingDifference Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. By using the DatingDifference Services, you agree to these terms.


2. 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 at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by DatingDifference.com of your written or email notice of termination. DatingDifference.com may terminate your membership for any reason, effective upon 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 DatingDifference.com. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.


3. 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 will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.


4. Proprietary Rights in Content on DatingDifference.com. DatingDifference.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 DatingDifference.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.


5. Content Posted on the Site. Without waiver of any of the immunities provided to us as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities (such as prostitution) or commercial activities of any kind in their profile or in messages sent on the site and if such conduct comes to our attention we reserve the right to, amongst other things, remove you from the site and ban you permanently. *Due to laws set forth by the US Congress, we do NOT allow any photos showing genital nudity below the waist. You may show photos of your breasts and butt as long as you make them "private". But no frontal genital nudity will be allowed not even in your "members only" or "private" photos!


Furthermore you agree that:


a.   You understand and agree that DatingDifference.com may review and delete any content,
messages, DatingDifference.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of DatingDifference.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.


b.   You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.


c.   By posting Content to any public area of DatingDifference.com, you automatically grant, and you represent and warrant that you have the right to grant, to DatingDifference.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, 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.


d.   The following is a partial list of the kind of Content that is illegal or prohibited on the Website. DatingDifference.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 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 music or links to pirated music 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 18;
  • contains nudity as described in paragraph 5.;
  • 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.   You must use the Service in a manner consistent 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 to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although DatingDifference.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, DatingDifference.com 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 DatingDifference.com deems appropriate in its sole discretion.


6. 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.


7. Subscription. If you sign up for multiple subscriptions to DatingDifference.com, you will be limited to only one instance of DatingDifference.com Messenger, regardless of the number of subscribing accounts you may have with us. For your convenience, paid subscriptions for DatingDifference.com recur automatically, until cancelled. DatingDifference.com reserves the right to offer free membership to any person(s) of their choice at any given time, for any duration, while charging other members, at the same time. DatingDifference.com also reserves the right to cancel the FREE trial period at any time, for all or any of its members.


8. Member Disputes. You are solely responsible for your interactions with other DatingDifference.com Members. DatingDifference.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.


9. Disclaimer and Limitation of Liability Regarding Interactions Between Members. You are solely responsible for your interactions with other Members. You understand that DatingDifference.com does not in any way monitor the activity of its Members either offline or online. Nor does DatingDifference.com screen or interview its Members, nor does DatingDifference.com inquire into the backgrounds of its Members or attempt to verify the accuracy or statements made by Members. DatingDifference.com makes no representations or warranties as to the conduct of Members or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Members of the Service, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers. In the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the DatingDifference.com site, you release DatingDifference.com , including its officers, directors, agents, and employees, 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 such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In no event shall DatingDifference.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental, arising out of or relating to your conduct or anyone else's conduct in connection with the use of the Service, including without limitation, bodily injury, emotional distress, loss of reputation and/or any other damages resulting from communications or meetings with other Members or persons you meet through this Service.


10. Service / Fees - DatingDifference.com does not guarantee, at any time, either their paid or free membership holders, that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that DatingDifference.com is offline for a period of more than 72 hours, will a pro-rated refund be given. DatingDifference.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website. You acknowledge that DatingDifference reserves the right to charge for any portion of the DatingDifference Services and to change its fees (if any) from time to time in its discretion. If DatingDifference terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify DatingDifference immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.


11. Disclaimers. DatingDifference.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. DatingDifference.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. DatingDifference.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. DatingDifference.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 DatingDifference.com 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 DatingDifference.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DatingDifference.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.


12. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will DatingDifference.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 DatingDifference.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, DatingDifference.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 DatingDifference.com for the Service during the term of membership.


13. 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.


14. Governing Law and Venue. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement, which are unable to be resolved informally, shall be determined by binding arbitration in WILL COUNTY, ILLINOIS, before a single retired judge affiliated with the American Arbitration Association, with the arbitration governed by the Illinois Rules of Civil. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of ILLINOIS and the United States.


15. Indemnity. You agree to indemnify and hold DatingDifference.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.


16. 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 DatingDifference.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. DatingDifference.com prohibits its members from offering money in exchange for sex. Although DatingDifference.com cannot control communications between members off of the site in private emails, instant messages, texts, phone calls or in person, any communications on the site related to the exchange of sex for money WILL result in cancellation of membership and banning from the site. Again, no communication regarding the exchange of sex for money is permitted on this site. All members are required to keep their communications on this site in the nature of seeking romantic relationships where one member may wish to help the other one financially within the context of a relationship because they care for and appreciate the other person and want to help them. Like any romantic relationship including marriage, sex may be a part of a relationship as well. However, we do not allow the solicitation of, seeking of, or any communications that are simply about sex in exchange for money and any such violations when detected will result in cancellation of membership and banning from the site.


Please contact us with any questions regarding this agreement.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.