OF
LIKE HEART & MIND, LLC
The
Entire Contents of this Document Should be Regarded as
"The Service Agreement", but not limited to, and including,
the following:
PRIVACY
STATEMENT(1)
COPYRIGHTS, INTELLECTUAL PROPERTY &
TRADEMARKS, PRODUCTS & RELATED PROGRAMS(2)
TERMS & CONDITIONS OF SERVICE, THE USER AGREEMENT(3)
Privacy
Statement(1)
Collection of Personal Information from what will hereinafter
be known as a "Member" will be performed on a voluntary
basis, where requested by what will hereinafter be known as
"The Company", a wholly owned Limited Company, whose
legal name as formed in the State of Delaware is "Of Like
Heart & Mind, LLC". Acquisition of this information
will be secured via an operating condition known as a "Website"
and will be clearly identified, wherever requested, with the
identifying marker (*). This marker will be footnoted in the
text of the pages wherever it appears with the statement: Information
supplied wherever an asterisk appears adjacent to the requested
information, will not viewed by or any time supplied to individuals
who will hereinafter be indicated by a term known as "Users"
and or "Members" of the site. This information is
considered "Restricted". This information may include
Member's legal name, address, telephone number(s), e-mail address,
Member name or "screen name", areas of interest, password,
method of payment, and if applicable, credit card numbers. Of
Like Heart & Mind, LLC reserves the right to request any
additional information in establishing and maintaining Member's
account for use of the "Restricted Information".
Disclosure
of Information to Third Parties. Of Like Heart & Mind,
LLC will not share, rent, sell or otherwise disclose personally
identifiable information to third parties without obtaining
User's consent. Of Like Heart & Mind, LLC will disclose
to third parties only: a) information knowingly and voluntarily
disclosed by Users as being disclosable to third parties; b)
information to the financial institution that processes Members'
credit card transactions; c) information that does not include
personally identifiable information; and/or d) information that
is publicly available. Additionally, through the use of third
party Internet cookies, advertiser may be electronically notified
when Users view or click on its advertisements.
Advertisements
and Postings to Forums, Bulletin Boards and Chat Groups.
All User advertisements and postings to public areas of the
Of Like Heart & Mind, LLC Website including without limitation
Forums, Chat Rooms and Bulletin Boards (collectively, the "Public
Areas"), should be conducted using User's pseudonymous
"screen name." All postings to the Public Areas become
public and, therefore, care should be taken in disclosing personal
information. Postings made in the Public Areas may not be changed
or deleted by Users or Members. Users should never disclose
personally identifiable information (including without limitation
name, email address, phone number, and real world address) in
the Public Areas. When communicating directly with another Member,
Members may exchange personally identifiable information at
Member's discretion. However, Users are strongly cautioned to
be prudent in deciding whether and how to reveal personally
identifiable information. Of Like Heart & Mind, LLC disclaims
all liability for damages arising from User's disclosure of
personally identifiable information. Any information disclosed
to other Members or third parties, in the Public Areas, through
email or outside of our system, can be used by others and may
result in unsolicited email messages or other communication
from third parties.
The
User Access to Information Collected. Member may access
his/her Registration Data at any time through the Member Profile
section of the Of Like Heart & Mind, LLC Website. This area
is password-protected. Once a Member registers, Member may review
& change certain personally identifiable information such
as email address, city, state, zip code and country, and the
User profile. Please promptly update information as necessary.
Control
of Password. Passwords should be: a) non-obvious; b) regularly
changed; and c) not disclosed to any third parties. If a third-party
learns of a password, the password's owner may lose control
over his/her postings and/or personally identifiable information,
and may be subject to legally binding actions taken on his/her
behalf. If, for any reason, a password is suspected to have
been compromised, it should be changed immediately. Member is
responsible for maintaining the confidentiality of their account
name, number, and password. User shall be responsible for all
uses of their account, whether or not authorized by User. User
agrees to immediately notify The Company of any unauthorized
use of their account.
Lost
or Stolen Information. If Member's credit card or password
is stolen or used without Member's permission, Member should
immediately notify Of Like Heart & Mind, LLC. Upon proper
notification, Of Like Heart & Mind, LLC will cancel appropriate
credit card number and/or password and update its records. Member
may be unable to access certain services while Of Like Heart
& Mind, LLC processes the change.
Of
Like Heart & Mind, LLC's Right to Contact The User.
Notwithstanding anything to the contrary herein, Of Like Heart
& Mind, LLC reserves the right to contact Users regarding
account status, changes to the Member agreement, privacy policy,
or any other agreements or policies, or for any non-promotional
reason.
Member
Conduct. You agree to abide by all applicable local, state,
national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your
account or password, including the content of your transmissions
through Of Like Heart & Mind, LLC. By way of example, and
not as a limitation, you agree not to:
-
Use
Of Like Heart & Mind, LLC in connection with chain letters,
junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise);
-
Harvest
or otherwise collect information about others, including email
addresses, without their consent;
-
Create
a false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender
or the origin of the message;
-
Transmit
through Of Like Heart & Mind, LLC unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature;
-
Transmit
any material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright
or right of publicity;
-
Transmit
any material that contains viruses, Trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious
programs;
-
Violate
any U.S. law regarding the transmission of technical data
or software exported through Of Like Heart & Mind, LLC;
-
Interfere
with or disrupt networks connected to Of Like Heart &
Mind, LLC or violate the regulations, policies, or procedures
of such networks;
-
Attempt
to gain unauthorized access to Of Like Heart & Mind, LLC,
other accounts, computer systems or networks connected to
Of Like Heart & Mind, LLC, through password mining or
any other means;
-
Interfere
with another member's use and enjoyment of Of Like Heart &
Mind, LLC or another entity's use and enjoyment of similar
services.
- Of Like
Heart & Mind, LLC is an intangible product/service designed
for heterosexual use. An example of this is that the site in
its design does not request of its Members to divulge and make
Public, the Member's sexual preference/identity. There is the
additional limitation that when conducting a Search for other
Members within our database, that the use of this feature only
allows a search to be conducted as a Man Seeking a Woman and
vice versa. Any individual who does not consider themselves
strictly heterosexual from the standpoint of sexual preference
and sexual identity should not use this service or attempt to
make contact with Members of this service. In doing so, the
individual will be in violation of our Terms & Conditions
of Use. Of Like Heart & Mind will in no way will be held
responsible and/or liable for any such violations.
Of Like
Heart & Mind, LLC's choice to design its product/service
in the above manner, is in no way an act of sexual- preference-discrimination.
The individual's choice to use this service is purely voluntary
and adhering to the said guidelines of Use is likewise a voluntary
requirement with the individual's full knowledge of the Terms
& Conditions of Use. Of Like & Mind, LLC, therefore
will in no way be held responsible and/or liable for any such
claims of sexual-preference-discrimination.
Partners,
Affiliates and Links. Of Like Heart & Mind, LLC is affiliated
with many other sites, businesses and service providers, all
of whom have privacy practices independent of Of Like Heart
& Mind, LLC. Of Like Heart & Mind, LLC disclaims any
responsibility or liability for any other sites' privacy policies
or activities. Once a User clicks on an link within the Of Like
Heart & Mind, LLC Website or utilizes or purchases any third
party service or product, User may be entering a relationship
with a third party or another website where Of Like Heart &
Mind, LLC's privacy policy does not apply.
No
Liability for Acts of Third Parties. Computers, computer
networks and transmission made by means of the Internet and
computer networks cannot be made absolutely secure. Of Like
Heart & Mind, LLC will have no liability for damages arising
from disclosure of information and/or registration data arising
from: a) Member's disclosure of such information in public areas;
b) Errors in transmission; c) Unauthorized acts, intrusions
or interceptions; and/or d) Compliance with this Privacy Policy.
Disclosure
in Event of Suspected Improper Use. Notwithstanding anything
herein to the contrary, Of Like Heart & Mind, LLC shall
be permitted to disclose information and Registration Data,
including personally identifiable information, to third parties
as follows: A) in response to a request by law enforcement authorities;
B) in response to any court-ordered subpoena or other process
under color of law; and/or C) when Of Like Heart & Mind,
LLC reasonably believes that a User or Member has breached the
terms of any agreement with Of Like Heart & Mind, LLC or
a third party, violated the rights of any third party, or violated
any law, statute or regulation.
Ownership
of Information. All information collected, including Registration
Data and Photos, is the property of Of Like Heart & Mind,
LLC, and is subject to and protected by state and federal law.
At absolutely no time will any of this information be improperly
used for any reason by Of Like Heart & Mind. Pictures submitted
to this web site will be used with the Member's profile only
Updates.
Of Like Heart & Mind, LLC reserves the right to change or
update at any time this Privacy Policy, or any other Of Like
Heart & Mind, LLC policy or practice. Any changes or updates
will be effective immediately upon posting to the Of Like Heart
& Mind, LLC Website.
Copyrights,
Intellectual Property Rights & Trademarks(2).
The materials on this web site are Copyright Ó2001. All
rights reserved. You are hereby authorized to view, copy, print
and distribute these materials subject to the following conditions:
-
The
materials may be used for internal purposes only.
-
Any
copy of these materials or any portion thereof must include
the above copyright notice.
-
Of
Like Heart & Mind, LLC also known herein and hereinafter
as "The Company" may revoke or modify any of the
foregoing rights at any time.
Any
product, process or technology described in these materials
may be the subject of other intellectual property rights reserved
by Of Like Heart & Mind, LLC and are not licensed hereunder.
Of Like Heart & Mind, LLC and the Of Like Heart & Mind,
LLC logo are trademarks or registered trademarks of Of Like
Heart & Mind, LLC.
Products
& Related Programs. Of Like Heart & Mind, LLC may
make improvements and/or changes in the products and/or programs
described in this material at any time. Additionally, Of Like
Heart & Mind, LLC makes no representations or warranties
whatsoever about any other website which you may choose access
through this website-a process also known as links. Links provided
by Of Like Heart & Mind, LLC to such website are provided
solely for your convenience and should not be deemed to imply
that Of Like Heart & Mind, LLC endorses those Website, their
functions or any contents therein. In no event will Of Like
Heart & Mind, LLC be liable to any party for any direct,
indirect, special or other types of consequential damages for
use of this website or any other hyper linked website including
specifically, but not exclusively, any list profits, business
interruption or loss of data, even if Of Like Heart & Mind,
LLC is expressly advised about the possibility of such damages.
Regarding submitting information to Of Like Heart & Mind,
LLC, see our Terms and Conditions of Service for getting information.
By transmitting to Of Like Heart & Mind, LLC information
via this website or otherwise through electronic means, you
grant to Of Like Heart & Mind, LLC an unrestricted irrevocable
license to use, reproduce, display, modify, perform and distribute
such information and Of Like Heart & Mind, LLC is free to
use the information, including any ideas, know-how or techniques
contained therein free of charge for any purpose whatsoever.
This
website may contain other proprietary notices and conditions
of use, the terms of which must also be observed and followed.
TERMS
& CONDITIONS OF SERVICE (also referred hereinafter as The
Service)(3)
The
User Agreement. Of Like Heart & Mind, LLC should solely
be used for entertainment purposes. The following is a legal
contract between you (hereinafter referred to as The User Of
Like Heart & Mind, LLC (hereinafter referred to as The Company),
which is a wholly owned subsidiary of the Of Like Heart &
Mind, LLC Company. This contract (hereinafter referred to as
The User Agreement) commences when you begin using The Company's
service.
By
signing up for The Company's service (Service), The User is
confirming that he/she has read and does agree to abide by the
Terms and Conditions of Service specified within this The User
Agreement. Violation of any one of these terms could result
in termination of your membership without refund.
By
registering for The Company, The User confirms that he is at
least 18 years of age. Those under the age of 18 are prohibited
from using The Company's Service. The Company will not be responsible
or held liable for any screening as to proof of The User's age.
The
Company reserves the right to change prices and otherwise modify
the Terms and Conditions of Service at any time upon notice
to The User. The Company may modify or discontinue Of Like Heart
& Mind, LLC (or User's account) with or without notice to
any User, without liability to any User or any third party.
The User has the right to terminate this The User Agreement
at any time immediately after giving written notice.
The
User will not post on The Company's Service or transmit to other
Company members or employees any defamatory, inaccurate, fraudulent,
abusive, offensive, obscene (including references to sex or
body parts, animal or human), threatening, harassing, racially
offensive, illegal material or any material that infringes or
violates another party's rights. In addition The User will not
violate any state, copyright or trademark laws while using The
Company's Service.
The
User will not use The Company as an avenue for selling, advertising,
recruiting for any product or any group. Nor will it be tolerated
for The User to send e-mail SPAM, chain letters or what is generally
considered "junk" e-mail.
The
User will defend, indemnify and hold harmless The Company, its
officers, directors, employees, agents and third parties for
any claims, demands, losses, costs and expenses (including reasonable
attorney fees) relating to or arising out of The User's or any
other user of User's account, use of The Company's Service,
including any breach by The User or any other user of User's
account, of the terms of this Agreement, or the infringement
by User, or any other user of User's account, of any intellectual
property or other right of any person or entity.
The
Company strongly recommends that The User remains anonymous
while using The Company's Service. The User agrees to assume
all of the risks associated with making himself or herself known
to another The User also known hereinafter as a "Member"
or acting in a state of "Membership". Last names,
addresses of any kind, phone numbers, URL's, e-mail addresses,
offensive-suggestive material or pictures will be interpreted
as a violation of these Terms and Conditions of Service. No
written language that The Company deems in any way offensive-suggestive
will be tolerated. The Company reserves the right to discontinue
The User's Service/Membership without refund, if following at
least one (1) written-warning to The User, repeat offenses continue
to occur. The User also agrees to hold harmless The Company
should they involuntarily be subjected to material or language
which they deem offensive. In addition The Company disclaims
all liability, regardless of the form of action for the acts
or omissions of other Members or The Users (including unauthorized
the Users ("hackers") of The Company's Service.
In
the event that The Company receives a complaint, The Company
reserves the right to remove any and all material that is located
on The Company's servers regardless of who authored or uploaded
the material, to include discontinuance of The User Membership
without refund.
The
Company owns and retains proprietary rights in the Service.
The Service contains the copyrighted material, trademarks and
other proprietary information of The Company and its licensors.
By
posting information or content to any public area of The Company
The User automatically grants, represents and warrants that
The User has the rights to grant The Company and other Members
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.
The
Company will keep confidential all information supplied by The
User to The Company, including credit card numbers and e-mail
addresses, and shall use or disclose such information only for
the purposes for which such information was collected, or as
required by law, subpoena or court order. Child pornography
or complaints of criminal activity will be forwarded to the
proper law enforcement agency. The Company will comply with
any court orders, summons, subpoena whether criminal or civil
requesting information supplied by The User and only in this
situation will a client's confidentiality be compromised.
The
Company shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or the
inability to use The Company or for the cost of procurement
of substitute goods and services or resulting from any goods
or services purchased or obtained or messages received or transactions
entered into through The Company or resulting from unauthorized
access to or alteration of user's transmissions or data including,
but not limited to, damages for loss of profits, use, data or
other intangible, even if The Company has been advised of the
possibility of such damages.
Refund
Policy. The Company's offer of a free trial period of thirty
(30) days of The Service will be for a limited time only-with
a fixed offering period from September 1, 2001 to October 1,
2001. If The User should choose to pay for Membership for continued
use of The Service, said Membership can be terminated by The
User at any time. The Company does not offer refunds for any
unused portion of The Service Membership under any circumstances,
with the exception of the following condition(s):
The
Company fails to provide The Service as agreed in These Terms
& Conditions of Service due to Technical Interruption and
or Disruption caused by The Company or the resources used by
The Company necessary to perform The Service for a period more
than 10 business days. Under this condition, The Company reserves
the right to perform whatever investigations they deem necessary
to ensure The User has in no way caused said condition(s). The
investigation period, should one arise, will not exceed a period
of more than 90 days. However, if any time during or the completion
of the investigation period, it is proven The User in any way
caused or created the said condition, The Company reserves the
right to deny a refund as well as assess and collect any monetary
damages or cost incurred by such damages, including legal fees
associated with any legal representation secured by The Company
in defense of its claims.
The
User agrees that Delaware law (regardless of conflicts of law
principles) shall govern the Agreement and that any dispute
arising out of or relating to this Agreement shall be subject
to the federal and state courts in the applicable state. This
Agreement, accepted upon registering for The Company's Service,
contains the entire agreement between The User and The Company
regarding the use of the Service. Unless otherwise explicitly
stated, the Terms and Conditions of Service will survive termination
of The User's Membership to the Service. If any provision of
this Agreement is held invalid, the remainder of the Agreement
shall continue in full force and effect.
The
user expressly agrees that use of The Company is at the user's
sole risk. The Company is provided on an "as is" and
"as available" basis. The Company expressly disclaims
all warranties of any kind, express or implied, including without
limitation any warranty of merchantability, fitness for a particular
purpose or non-infringement.
The
Company does not make any warranty that The Company will meet
the user's requirements or that The Company will be uninterrupted,
timely, secure or error free; nor does The Company make any
warranty as to the results that may be obtained from the use
of The Company or as to the accuracy or reliability of any information
obtained through The Company.
The
user understands and agrees that any material and/or data downloaded
or otherwise obtained through the use of The Company is at the
user's own discretion and risk and that the user will be solely
responsible for any damage to the user's computer system or
loss of data that results from the download of such material
and/or data. The Company does not make any warranty regarding
any goods or services purchased or obtained through The Company
or any transactions entered into through The Company.
To
resolve a complaint regarding The Company's Service The User
should first contact Of Like Heart & Mind, LLC via e-mail
at: customerservice@OfLikeHeartandMind.com
or call The Company at 703-329-3393.
Use
of The Company's Service constitutes acceptance of these Terms
and Conditions of Service.
To
report a violation of these Terms and Conditions of Service
to Of Like Heart & Mind, LLC, please send an e-mail to:
violations@OfLikeHeartMind.com
or call The Company at 703-329-3393.
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