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TERMS AND CONDITIONS OF USE OF WEB SITE AND PARTICIPATION IN
Singles In Motion.com and Rapid Romances Encounters®® EVENTS
TERMS OF USE
You acknowledge that you have read our standard Terms and
Conditions pertaining to the use of this web site and the
services provided by us. Those terms and conditions are deemed
to be incorporated herein.
1. LEGAL RESTRICTIONS
AND TERMS OF USE AND PARTICIPATION
In order to use the Singles In Motion.com and Rapid Romances Encounters®
web site and/or participate in Singles In Motion.com and Rapid
Romances Encounters® events, you must register and agree to be bound by these
Terms of Conditions of Use ("Agreement"). As part of your
registration, you must confirm that you have read these Terms and
Conditions of Use and follow the instructions for Registration. This
Agreement sets out the legally binding terms for your use of the web
site and participation in all Singles In Motion.com and Rapid
Romances Encounters® events. This Agreement may be modified by
American Singles Concepts, Inc., the owner of this web site and the provider of
the Singles In Motion.com and Rapid Romances Encounters® events, from
time to time. We therefore recommend that you read all newsletters
and email notices in order to keep up to date with any changes in this Terms and
Conditions of Use of Web Site and Participation in Singles In
Motion.com and Rapid Romances Encounters® Events.
2. ELIGIBILITY
You must be at least twenty-one years old to register for Singles In
Motion.com and Rapid Romances Encounters® events and eighteen years old
to use this web site. Participation in Singles In Motion.com and
Rapid Romances Encounters® events and use of this web site is void where
prohibited. By using this web site and/or participating in Singles
In Motion.com and Rapid Romances Encounters® events, 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. TERM
This Agreement will remain in full force and effect while you use
this web site and/or participate in any Singles In Motion.com and
Rapid Romances Encounters® events. You may terminate your participation at
any time, for any reason by sending a written notice of termination
to our site by email. We may terminate your access to
the web site and your participation in any Singles In Motion.com and
Rapid Romances Encounters® events if you have breached the Agreement,
without notification. If your rights are so terminated you will not
be entitled to a refund of any amounts paid to us. Even
after this Agreement is terminated, the provisions of paragraphs 4,
6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 20 and 22 shall remain in
effect.
4. OWNERSHIP, COPYRIGHT
AND TRADEMARK NOTICES
4.1 The content of this web site is the property of American Singles
Concepts, Inc.,
its business partners, and/or various third party providers and
distributors. American Singles Concepts, Inc. is duly formed in the United States of
America under the laws of the State of Nevada.
4.2 All title, ownership and intellectual property rights, including
the rights to copyrights, trademarks, service marks and logos
(collectively, the "Intellectual Property') used on the web site
or at any event are
vested in American Singles Concepts, Inc., its business partners and their affiliates
and/or various third parties. Nothing contained on this web site
should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any of the Intellectual
Property without the written permission of American Singles
Concepts, Inc., its
business partners or the applicable third party that owns such
Intellectual Property.
4.3 You may not copy anything on this site for any commercial
purpose. You may not modify, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, products, services or any portion
of any material obtained from this web site, nor may you use any of
the Intellectual Property in connection with any other commercial service
without the express written consent of American Singles Concepts,
Inc., its business
partners and/or their third party providers and distributors.
5. ACCESS AND USE
5.1 You are granted access to make personal use of this site for
posting and searching of single events and you
are not allowed to download (other than page caching), modify or
create a hyperlink to this site, or any portion of it, except with
the express prior written consent of American Singles Concepts, Inc. or its business
partners, as applicable.
5.2 You may not use this site or its contents for any resale or
commercial use; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. Exception: you may, as
needed, print off events and activities listed on this site for
redistribution in order to promote a singles event.
5.3 You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or form) that belongs to American Singles
Concepts, Inc., its
business partners, their affiliates or any third party, without the
prior written consent of American Singles Concepts, Inc., its business partners, or
such applicable third party.
5.4 You may not use any meta tags or any other "hidden text"
utilizing the name or trademarks of American Singles Concepts, Inc., its business
partners, or their third party providers and distributors, without
each of their express prior written consents.
5.5 You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
sex related, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered illegal,
give rise to civil liability, or otherwise be in violation of any
law and/or which could, in American Singles Concepts, Inc.’ reasonable discretion,
violate the policies of the Singles In Motion.com and Rapid Romances
Encounters® web site.
5.6 The preferences and profile informaiton you input when you
registered as a club member user or when you registered to
participate in a speed dating event will not be available to any persons who access the
Singles In Motion.com and Rapid Romances Encounters® web site.
Privacy Statement.
5.7 When requesting that a user be blocked from using our
posting service, you must provide a complaint
relating to such blocking (i.e. copy of offensive posting).
In the event that Singles In Motion.com and Rapid Romances
Encounters®
receives complaints, with respect to any user, by more than three
persons, Singles In Motion.com and Rapid Romances Encounters® may, at its
discretion, revoke such user's account privileges, without notice or
refund.
5.8 Any unauthorized use by you may result in the termination of
your right to use this site and to participate in Singles In
Motion.com and Rapid Romances Encounters® events, without refund of any monies
paid by you.
5.9 American Singles Concepts, Inc. reserves the right to terminate your use of any of
the services provided on the Singles In Motion.com and Rapid
Romances Encounters® web site, for any reason, in its reasonable discretion;
provided, however, that if such termination is not as a
result of your violation of these terms and conditions and the
termination of such services prohibits your ability to use the
Singles In Motion.com and Rapid Romances Encounters® web site in a manner
consistent with the services you have paid for, then Singles In
Motion.com and Rapid Romances Encounters® will refund the pro
rata portion of the fees paid by you.
5.10 The Singles In Motion.com and Rapid Romances Encounters® web site
can be accessed anywhere within the United States and in several
countries outside of the United States. In the event that you
relocate your residence outside of the United States or Canada, you
may notify American Singles Concepts, Inc., in writing, that you desire to cancel your
club membership. Within ninety after any such notification, your
membership will be terminated.
5.11 You are solely responsible for your use of the Singles In
Motion.com and Rapid Romances Encounters® web site and protecting access
by others to your account from your computer or other computers from
which you access your account. American Singles Concepts, Inc. advises that you
maintain the secrecy of all passwords and that you make sure that
you logoff after each visit to the Singles In Motion.com and Rapid
Romances Encounters® web site.
6. MATERIALS YOU
PROVIDE
6.1 In order to provide other attendees at Rapid Romances
Encounters® events that you participate in with more
detailed information about you, you are encouraged to submit
preferences and profile information on the Singles In Motion.com
and Rapid Romances Encounters®
web site and send in photos of yourself. These photos will be stored
in a secure place and will not be disclosed to any third party.
6.2 You are solely responsible for the content you post on the
Singles In Motion.com and Rapid Romances Encounters® web
site. All information should be accurate and complete. In the event that
American Singles Concepts, Inc. discovers
any post which it believes contains intentionally false
information and/or any offensive content, such posts will be
deleted, without notice, and American Singles Concepts, Inc., in its sole discretion,
may revoke your posting privileges, without notice, and without
recompense.
6.3 Any materials provided to American Singles Concepts, Inc. will not be returned and
will become the sole property of American Singles Concepts, Inc..
7. PARTICIPATION in
Rapid Romances Encounters® PRE-MATCHING EVENTS - MATCHES
7.1 In order to participate in Rapid Romances Encounters® events you must have access to the Internet, as all
participants must register online and answer their preferences
questions for pre-matching to occur. Additionally, management "matches"
and dispersement of contact information from your RapidRate™
scorecard are conducted by e-mail.
7.2 Although the submission of preferences information is optional, your
chances of pre-matching with other participants may be reduced, if you
do not provide sufficient profile information, including a photo.
Those participants not providing the information requested will
be assigned at random, without our pre-matching service.
Privacy Statement
8. WARRANTY DISCLAIMER
The information, products, articles, software, services, etc.
published on the Singles In Motion.com site may include
inaccurate information, typographical errors or misprints.
American Singles Concepts, Inc. would appreciate any notice of
necessary correction as we make changes and improvement on a
regular basis. American Singles Concepts, Inc. depends on
employees and third party volunteers to provide accurate
information, which may from time to time be incorrect or
innocently infringe on another's rights. American Singles
Concepts, Inc., it's affiliates, partners, sponsors, associates,
etc., therefore cannot make any representations about the
accuracy or suitability of the information, articles, software,
products or service offered on or via this site. All the
information, services, and products provided via this site are
provided on an "as is" basis, without warranty of any kind.
AMERICAN SINGLES CONCEPTS, INC., SINGLES IN MOTION.COM, RAPID
ROMANCE ENCOUNTERS®,ANY BUSINESS PARTNERS,
AFFILIATES AND/OR THIRD PARTY PROVIDERS AND LICENSEES HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. SPECIAL LIABILITY
DISCLAIMERS AND RELEASES
9.1 You hereby understand and acknowledge that by using this web
site and participating in Singles In Motion.com and Rapid Romances
Encounters® events that your email address, first name and certain
other profiling information that you provide will be provided to
certain other partners, sponsors, hosts and participants. See our
Privacy Statement. Neither American
Singles Concepts, Inc. nor any of its
business partners have conducted any research on the backgrounds of
any of the participants in Singles In Motion.com and Rapid Romances
Encounters® events or visitors to this web site, and you agree to
release American Singles Concepts, Inc. and its business partners from any liability
and assume the full responsibility and risk with respect to any
person you meet from a post on Singles In Motion.com or through
attending a Rapid Romances Encounters®
event. We strongly encourage you to take
the same precautions you would take in meeting any new person in
order to assure your safety. See our
self-protection page.
9.2 You also understand and acknowledge that Singles In Motion.com
and Rapid Romances Encounters® events are held at venues of which neither
American Singles Concepts, Inc. nor any of its business partners have any control.
Therefore, in the event that you are injured or suffer damages in
any regard at a Singles In Motion.com and Rapid Romances Encounters®
event, you agree to release American Singles Concepts, Inc. and its business partners
from any liability with respect thereto, unless such damages result
directly from the actions of any employee or agent of American
Singles Concepts, Inc.
or its business partners.
9.3 All participants in Singles In Motion.com and Rapid Romances
Encounters® events understand and acknowledge that American
Singles Concepts, Inc.
provides a fun and unique method of meeting new people. American
Singles Concepts, Inc. does not guarantee that any participant will successfully
match with any other participant. Additionally, American Singles
Concepts, Inc. does
not guarantee that any match between participants will be
successful. Additionally, American Singles Concepts, Inc. does not guarantee that the
use of the Singles In Motion.com and Rapid Romances Encounters® web site
and the online dating services provided thereon, will result in
introductions or actual dates or marriage.
9.4 All communications between participants through the American
Singles Concepts, Inc.
website is conducted by email. American Singles Concepts, Inc. does not screen private
emails between participants and is not responsible nor liable for
any of the content contained in such emails. Additionally, American
Singles Concepts, Inc. does not scan any of such emails for computer viruses, and
highly recommends that all participants operate anti-virus software
whenever engaged in email communication of any kind. Participants
agree that they utilize email communications at their own risk, and
release American Singles Concepts, Inc. and its business partners from any liability
with respect to any damages suffered as a result of the utilization
of such email communications.
10. MEDIA AUTHORIZATION
AND RELEASE
10.1 American Singles Concepts, Inc., along with certain permitted third parties
including, without limitation, representatives of the television,
radio, print and online media, may photograph and/or make
audio/video recordings of any of the Singles In Motion.com and Rapid
Romances Encounters® events. By attending and participating in any
Singles In Motion.com and Rapid Romances Encounters® event, each
participant agrees to permit the taking of any such photographs and
to be recorded in both audio and video media.
10.2 Each participant at a Singles In Motion.com and Rapid Romances
Encounters® event also irrevocably authorizes American Singles
Concepts, Inc., its
agents, representatives, successors and assigns to use in
perpetuity, throughout the world, in any manner whatsoever, all or
any portion of photographs and audio/video recordings in which such
participant appears, and any comments, statements or testimonials
made by such participant, while attending a Singles In Motion.com
and Rapid Romances Encounters® event. Such photographs may be used by
American Singles Concepts, Inc., its agents, representatives, successors and/or assigns
for any legal purpose including, without limitation, marketing and
advertising of Singles In Motion.com and Rapid Romances Encounters®
events or products, or for editorial purposes.
10.3 No person shall be entitled to any compensation in connection
with the use and exploitation of any photographs or audio/video
recordings.
10.4 Each participant at a Singles In Motion.com and Rapid Romances
Encounters® event irrevocably releases American Singles
Concepts, Inc., its principals,
employees, agents, representatives, successors and assigns from and
against any and all claims, suits, liabilities, or damages which
such person may have in connection with his or her attendance and/or
participation in any Singles In Motion.com and Rapid Romances
Encounters®
event and the exploitation of photographs and/or audio/video
recordings in any manner or format.
10.5 American Singles Concepts, Inc. will not use a participant's name or any other
personally identifiable information unless such participant has
specifically granted his or her consent, in writing, for such use.
11. LIMITATION OF
LIABILITY
NEITHER AMERICAN SINGLES CONCEPTS, INC. NOR ITS BUSINESS PARTNERS ASSUME ANY
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE OR
YOUR DOWN LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO FROM THIS SITE. IN NO EVENT SHALL AMERICAN SINGLES CONCEPTS,
INC., ITS BUSINESS
PARTNERS, THEIR AFFILIATES OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY
USE OF THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE
OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY TO
USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE OR
NON-PERFORMANCE BY American Singles Concepts, Inc., ITS BUSINESS PARTNERS, THEIR
AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, notwithstanding the foregoing, American Singles Concepts, Inc., its business
partners, their affiliates or any third party provider or
distributor should be found liable for any loss or damage, with
respect to the use of this web site or in connection with any
Singles In Motion.com and Rapid Romances Encounters® event, such damages
shall not exceed, in the aggregate, the fees paid by any person for
the services and/or products of American Singles Concepts, Inc.. Some states and
jurisdictions do not allow limitation of liability, so the foregoing
limitation may not apply to you.
12. LINKS TO THIRD
PARTY SITES
This web site may provide, or third parties may provide, links to
other web sites or resources. These links are provided to you as a
convenience and not as an endorsement by American Singles Concepts,
Inc. of such other
web sites. American Singles Concepts, Inc. has no control over such sites and resources
and is not responsible or liable for any content, advertising,
products, or materials relating to such other sites, or for any
damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any such content, goods or services
available on or through any such sites or resources. If you decide
to access other web sites, you do so at your own risk.
13. COPYRIGHTS AND
COPYRIGHT AGENT
American Singles Concepts, Inc. recognizes and is concerned about the protection of the
intellectual property of third parties, and requires that all users
of its web site do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide American Singles Concepts, Inc.' Copyright Agent with the following
information:
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