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TERMS AND
CONDITIONS OF SERVICE
The
MYSHADI.COM service (the "Service") is provided by GLOBALAMS,
(the "Company"). This is a legal agreement
("Agreement") between you and the Company, please read the
Agreement carefully before registering for the Service. By completing
your registration and clicking on the "I Accept" button below,
you will become a registered user of the Service (a "Registered
User") and you agree to be bound by the terms and conditions of
this Agreement (the "Terms") for as long as you
continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS,
PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change
by the Company at any time, effective upon notice to you, any use of the
Service after such notice will constitute acceptance by you of such
changes.
1.
Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering,
you represent and warrant that you are at least 21 years old.
2.
Marital Status. By requesting to receive matches from the
Service, you represent and warrant that you are not Married.
3.
Exclusive Use. Your account is for your sole, personal use, you
may not authorize others to use your account, and you may not assign or
otherwise transfer your account to any other person or entity.
4.
Online Conduct. As a Registered User, you agree that:
a.
You are solely responsible for the content or information you
publish, display or otherwise communicate in any manner (hereinafter,
"post") on the Service, or transmit to other Registered Users.
b.
You will not post on the Service, or transmit to other Registered
Users, 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).
c.
You will use the Service in a manner consistent with any and all
applicable local, state, national and international laws and regulations
d.
You will not provide inaccurate, misleading or false information
to the Company or to any other Registered User. If information provided
to the Company, or another Registered User, subsequently becomes
inaccurate, misleading or false, you will promptly notify the Company of
such change.
e.
Prior to reaching [Open Communication], your E-mail
correspondence with other Registered Users will not include any personal
information which would enable other Registered Users to discover your
identity. By registering or adding your profile, certain personal
information about you will be made available to, or will otherwise be
accessible by, other Registered Users.
f.
You will only create one unique profile with the Service.
g.
You will not engage in advertising to, or solicitation of, other
Registered Users to buy or sell any products or services through the
Service. You will not transmit any chain letters or junk E-mail to other
Registered Users.
h.
You will not post, copy, modify, transmit, show in public or
private, create any derivative works from, 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.
i.
You are solely responsible for your interactions with other
Registered Users. You agree to take normal precautions when meeting
individuals through the Service. In addition, you agree to review and
follow the recommendations set forth in MYSHDAI.COM's Safety Tips which
will be provided to you prior to entering Open Communication with your
Matches.
j.
You understand that the Company makes no guarantees, either
express or implied, regarding your ultimate compatibility with
individuals you meet through the Service.
k.
You will promptly report to the Company any violation of the
Terms of this Agreement by other Registered Users.
l.
The Company reserves the right, but has no obligation, to monitor
the materials posted in the public areas of the Service. The Company
shall have the right to remove any such material that in its sole
opinion violates, or is alleged to violate, any applicable law or either
the letter or spirit of this Agreement. Notwithstanding this right of
the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE
MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR
PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered
Users that are not readily accessible to the general public will be
treated as private by the Company to the extent permitted by applicable
law.
5.
Online Content. Opinions, advice, statements, offers, or other
information or content made available through the Service, but not
directly by the Company, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely
responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE,
AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER
THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION
OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY
REGISTERED USERS.
6.
Dealings with Advertisers. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that the Company shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
7.
Unauthorized Users. It is possible that other Registered Users or
users (including unauthorized users, or "hackers") may post or
transmit offensive or obscene materials on the Service and that you may
be involuntarily exposed to such offensive and obscene materials. It
also is possible for others to obtain personal information about you due
to your use of the Service, and that the recipient may use such
information to harass or injure you. The Company is not responsible for
the use of any personal information that you disclose on the Service.
Please carefully select the type of information that you post on the
Service or release to others.
8.
Proprietary Rights.
a.
The Company owns and retains proprietary rights in the Service.
The Service contains copyrighted material, trademarks, and other
proprietary information of the Company, its licensors and licensees. In
addition, other Registered Users may post copyrighted information, which
has copyright protection whether or not it is identified as copyrighted.
Except for that information which is in the public domain or for which
you have been given permission, you agree not to copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information.
b.
By posting information or content to any public area of the
Service, you automatically grant, and you represent and warrant that you
have the right to grant, to the Company and other Registered Users an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to
use, copy, publicly perform, publicly 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 sub-licenses of the foregoing.
9.
Confidentiality.
a.
With the exception of the information provided to other
Registered Users pursuant to the terms of the Service, the Company will
keep confidential all information supplied to the Company by you,
including credit card number(s) and other financial information, and
shall use or disclose such information only for the purposes for which
such information was collected, or as required by court order or
applicable law. For additional information about the collection and
possible use of information provided by you, please click on the Trust-E
logo that appears at the bottom of the home page for this web site for
information on the Company's privacy policy.
b.
By using MYSHADI.COM , you agree to allow us to anonymously use
the information from you and your experiences through MYSHADI.COM to
continue our research into successful relationships. This research,
conducted by psychologists and behavior research scientists, may be
published in academic journals. However, all of your responses will be
kept anonymous, and no personal identifying information will ever be
published.
10. Warranties.
a.
THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS
AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b.
The Company does not warrant that your use of the Service will be
secure, uninterrupted, always available, error-free or will meet your
requirements, or that any defects in the Service will be corrected. THE
COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT
TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
11. Limitation of liability.
a.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO
THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE
COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY
FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE
PRICE PAID BY YOU FOR YOUR ACCOUNT.
b.
While the Company performs an initial screening of individuals
registering for the Service, the Company makes no representations or
warranties as to the conduct of such individuals or their compatibility
with any current or future Registered Users. IN NO EVENT SHALL THE
COMPANY 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 INTRODUCED TO YOU BY THIS SERVICE.
12.
Indemnity by Registered User. You will indemnify and hold
harmless the Company, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out of
your use of the Service, including any breach by you of the terms of
this Agreement.
13.
Complaints. To resolve a complaint regarding the Service, you
should first contact the Company by clicking on the "About Us"
button or via email to customerservice@myshadi.com.
14.
Termination. Either you or the Company may terminate your account
at any time, for any reason, without explanation, effective upon sending
written notice to the other party. The Company reserves the right to
immediately suspend or terminate your access to the Service, without
notice, upon any breach of this Agreement by you which is brought to the
Company's attention. In the event your access to the Service is
suspended due to the breach of this Agreement, you agree that all fees
then paid to the Company by you shall be nonrefundable.
15.
Death, Disability, or Relocation.
Death,
Disability, or Relocation. a. If by reason of death or disability you
are unable to receive all services for which you contracted, you and
your estate may elect to be relieved of the obligation to make payments
for services other than those received before death or the onset of
disability, except as provided in paragraph (3).
(1)
If you have prepaid any amount for the Service, so much of the
amount prepaid that is allocable to services that you have not received
shall be promptly refunded to you or your representative.
(2)
"Disability" means a condition which precludes you from
physically using the Service during the term of disability and the
condition is verified in writing by a physician designated and
remunerated by you. Written verification from the physician must be
presented to the Company.
(3)
If the physician determines that the duration of the disability
will be less than six (6) months, Company may extend the term of the
contract for a period of six (6) months at no additional charge to you
in lieu of cancellation.
16.
General Provisions. You agree that California law (regardless of
conflicts of law principles) shall govern this Agreement, and that any
dispute arising out of or relating to this Agreement shall be subject to
the exclusive jurisdiction of the federal and state courts in the
Southern District of California, other than for actions to enforce any
order or judgment entered by such courts.
This
Agreement, accepted upon registration for the Service, contains the
entire agreement between you and the Company regarding the use of this
Service. Unless otherwise explicitly stated, the terms will survive
termination of your registration to the Service. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. You, the buyer, may cancel this
agreement, without any penalty or obligation, at any time prior to
midnight of Company's third business day following the date of this
contract, excluding Sundays and holidays. To cancel this agreement,
email us a note which states that you, the buyer, are canceling this
agreement, or words to similar effect. This notice shall be sent to: cancel@myshadi.com
YES
I AGRESS WITH THE TERMS AND CONDITIONS OUTLINED IN THIS DOCUMENT |