The Sites and the Services are not intended for use by minors. For the purposes of these Terms, a "minor" is someone who has not reached both: (a) the age eighteen; and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed by the user. If you are a minor, you are not permitted to register to create an Account or to otherwise access or use the Sites.
By registering an Account to become a Member and using the Services upon becoming a Member, you represent and warrant that you are not married. If you are separated, but still residing with your spouse, you may not request to use, register to use, or use the Services. You also represent and warrant that you have never been convicted of an indictable offence in any jurisdiction and are not registered or required to register as a sex offender with any governmental or regulatory authorities. ATWOOD DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Atwood reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with the foregoing representations and warranties.
3. Registration and Password
During the registration process for your Account, you are required to create a password, and your email address will serve as your user identification (a "User ID"). Your password and User ID will identify you as a Member and associate you with a specific Account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or Account. You agree to: (i) immediately notify Atwood of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that Atwood has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with this Section 3.
4. Membership and Subscription
You may become a Member of the Sites at no cost. As a Member, you will have the ability to access and make use of some, but not all, of the features and services available within the Services. You must become a paying subscriber in order to access these additional features and services (the "Paid Services"). Please see Subscription Plans for a description of the current subscription plans and pricing for the Paid Services. Please note that the subscription policies that are disclosed to you in subscribing to the Paid Services are deemed part of these Terms. Please see Subscription Policies for a description of such policies. For greater certainty, the term "Member" includes any Members who have subscribed to the Paid Services. From time to time, Atwood may remove the profiles of Members who have not subscribed for any Paid Services in compliance with the national privacy act.
Our fees are as set out in our Website from time to time. Fees are due in full in advance and are payable in one instalment payments.
Upon registering for the Services you will be sent your user registration details and payment confirmation e-mail, which contains your payment reference. You must keep a copy of this information as this may be required if you want to cancel your agreement.
Once you have started using the Services you shall not be entitled to any refund unless there is an error in the operation of our program or processes that results in the Services being unavailable for 48 hours or more in any one consecutive period. If you feel that the Services have been defective in any way you must contact our Support Team using the Contact Form on the Website, with your reasons for claiming a refund plus a copy of your user registration details and Transaction id Number or Payment invoice (without this we will be unable to help).
Where we agree to a refund, the refund will be made within 30 days of your application. If a refund is granted then this will be on a pro-rated basis for how long you have used the membership. A small administration charge will be deducted from the amount paid.
5. Use of the Sites
The Sites, including any webpages, text, images, sounds, software, and other data or information contained in the Sites (the "Content"), are provided for general informational purposes only. You may view and print out webpages from the Sites for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any of the Content without Atwood's consent. Except as expressly permitted by Atwood, you may not use the Sites or the Content for commercial purposes.
As a registered Member of the Services, you agree to create only one unique profile and you agree that your use of the Services will only be for bona fide relationship-seeking purposes. You also agree that you will not harass, annoy, intimidate or threaten any Atwood employees or agents engaged in providing any portion of the Services to you or any other persons through your use of the Sites.
6. Accuracy of the Content
All Content is provided on an "as is" basis for informational purposes only and is subject to change without notice. While the Sites are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Atwood assumes no liability or responsibility for any such errors, omissions or inaccuracies and make no representations about the accuracy, reliability, completeness, or timeliness of the Content. Atwood does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Sites, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, including by any Members, that appears on the Sites. Under no circumstances will Atwood or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Sites or transmitted to or by any Members. By using the Sites, you acknowledge and agree that Atwood and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.
7. Content Posted by You
You are solely responsible for any Content that you submit to the Sites or transmit to other Members (the "User Content"). You will not submit to the Sites or transmit to other Members, any User Content that is unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful in any way, or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law or regulation, 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 Atwood or to any other Member. If information provided to Atwood, or another Member, is found to be, or subsequently becomes, inaccurate, misleading or false, you will promptly notify Atwood of such change. Atwood reserves the right to review all User Content that you submit and transmit and to, in its absolute discretion, delete such User Content on the basis of a violation these Terms or if Atwood determines, in its absolute discretion, that the User Content is offensive or illegal, or might violate the rights of, or harm or threaten the safety of, any person or persons.
By submitting any User Content to any public area of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to Atwood, 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 in association with the Sites. You further represent and warrant that public posting and use of your content by Atwood will not infringe or violate the rights of any third party. If you have any rights to any User Content that cannot be licensed to Atwood (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kind against Atwood, its affiliates, or customers and partners anywhere in the world, with respect to such rights. You represent and warrant that you have all the necessary consents for any individuals whose personally identifiable information is contained in any User Content.
8. Associate Websites
The Service is offered through and accessible through a number of other websites in addition to the Site. By registering with the Site you acknowledge and accept that all Content that you post to the site may be searchable and available to users of the Service who access it via different web sites from the Site. You further acknowledge and accept that other members of the Service that you may view and communicate with via the Service may have registered with and accessed the Service through a number of different web sites. Global Personals make an effort to ensure that members of the Service are not connected with other members that may be inappropriate and therefore apply various classifications to the various web sites that provide access to the Service. By registering with the site you acknowledge and accept that Global Personals may apply certain classifications to your profile due to your accessing the Service via the Site and may use such classifications to restrict:
- the availability of communication between yourself and other members of the Service;
- the availability of the details of other members of the Service to yourself; and
- the availability of your details to other members of the Service.
9. Prohibited Use of the Sites
You may not use the Sites to engage in any unlawful activity or to infringe the rights of Atwood, its affiliates, or related entities. You further agree that you will not: (i) interfere with the operation of the Sites in any way or interfere with anyone's use or enjoyment of the Sites, or use the Sites to gain unauthorized access to other computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law or regulation; (iii) impersonate any person or entity on or through the Sites; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Sites other than as may be expressly permitted in writing by Atwood or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies, and restrictions of which you are provided with notice that apply to the Sites.
Without limiting the generality of the foregoing, you will not post, transmit to other Members, communicate any Content (or links thereto), or otherwise engage in any activity on the Sites or through the Services, that:
- promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten, or intimidate any other users of the Sites or Services;
- is defamatory, inaccurate, profane, offensive, or sexually explicit;
- contains others' copyrighted materials without having the right to do so;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- is intended to defraud, swindle, or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Sites or the Services;
- impersonates or otherwise misrepresents affiliation, connection, or association with any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots, or other automated technology to access the Sites or Services;
- uses the Sites or Services for chain letter, junk mail, or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older); or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
Atwood reserves the right to make changes to these Terms, effective when posted, and the right to change any aspect of the Sites including the right to refuse or remove any of the Content, whatever the source, at any time without any notice or liability to you.
11. Liability Disclaimer
ATWOOD PROVIDES THE SITES AND THE CONTENT ON AN "AS IS", "WITHOUT ANY WARRANTY", AND "WITHOUT ANY LIABILITY" BASIS. ATWOOD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT AS PROVIDED ON THE SITES INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND TIMELINESS OF ANY PRODUCT OR SERVICE. ATWOOD DOES NOT WARRANT THAT THE SITES, ITS SERVERS, THE CONTENT, AND ANY COMMUNICATIONS FROM ATWOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ATWOOD DOES NOT IN ANY WAY SCREEN MEMBERS OF http://, NOR DOES ATWOOD INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY ANY INFORMATION PROVIDED BY ITS MEMBERS. ATWOOD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL ATWOOD BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT ATWOOD MAKES NO REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICES. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATWOOD AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE SITES; (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SITES; OR (3) ANY OTHER MATTER RELATED TO THE SITES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATWOOD IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITES OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE SITES, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF ATWOOD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
FROM TIME TO TIME, ATWOOD MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT ON THE SERVICES. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT ATWOOD'S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
12. Limit on Damages and Claims
THE TOTAL LIABILITY OF ATWOOD TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (B) FIFTY DOLLARS ($50.00). NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF ATWOOD TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITES OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR THE SERVICES; OR (II) FIFTY DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ATWOOD MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Atwood, and its affiliates, officers, directors, employees, agents, independent contractors, and other partners, for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Sites or Services, (b) your User Content, (c) your violation of any of these Terms or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules, or regulations. Atwood reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Atwood in asserting any available defences.
14. Links to Third Party Sites
The Sites may contain links to third party websites. Because Atwood has no control over such sites, you understand and agree that Atwood is not responsible for the availability of such sites and that Atwood 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 ("Third Party Content"). You further acknowledge and agree that Atwood 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 use of or reliance on any Third Party Content.
15. User Information
16. Intellectual Property
The copyright and other proprietary rights in the Content, the Sites, the design and appearances of the Sites, and all other material found on the Site (except for any User Content) (the "Atwood Materials") are owned by or licensed to Atwood. These materials are protected by copyright and other laws against unauthorized copying and reproduction. Any use, reproduction, or distribution of the Atwood Materials, including caching, framing, or similar means, from the Sites (except as permitted herein) without permission from Atwood is expressly prohibited. "Atwood", "eMatchopolis”, "eMatchology", "DateGuard", "MatchMasters", and all other distinguishing words or logos relating to Atwood and the Sites are trade-marks of Atwood and may not be used without the prior written consent of Atwood. All other trade-marks not owned by Atwood or its affiliates that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Atwood or its Affiliates. The display of any trade-marks on the Sites does not imply that a license has been granted for any further use of such trade-marks. © Copyright 2010 Atwood Technology Inc. All rights reserved.
17. Claims of Infringement
Atwood respects the intellectual property rights of others. If any person believes that his or her work is found on the Sites without his or her permission in a way that constitutes copyright infringement, please follow the instructions on how to contact Atwood to report possible copyright infringement. Upon provision of a notification in accordance with our Intellectual Property Policy, which is available at Intellectual Property Policy, Atwood, in its discretion, may suspend access to such allegedly infringing content until resolution of the dispute between the rights holder and the alleged infringer. Please read the Intellectual Property Policy for further directions and information.
18. No Contract or Offer
19. Governing Law, Venue, and Jurisdiction
These Terms and your use of the Sites and the Services shall be governed by and interpreted in accordance with the laws of the Province of New Brunswick and any applicable federal laws of Canada, excluding the rules of private international law that lead to the application of the laws of any other jurisdiction. The courts of New Brunswick shall have the non-exclusive jurisdiction to hear any matter arising in connection with these Terms. Nothing in these Terms will prevent Atwood from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over a Member or otherwise over such subject matter.
Atwood makes no representation that the Sites or the Services are appropriate or available for use in all locations, and accessing the Sites from and/or using the Services in territories where the Site or the Services are illegal is prohibited. If you choose to access the Sites and/or use the Services from such a location, you do so on your own initiative and you are responsible for compliance with applicable local laws.
The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and Atwood responsible for any damages you may suffer if you communicate confidential information over the Internet or if Atwood communicates such information to you at your request.
21. Term and Termination
These Terms will become effective upon your acceptance of these Terms by your use of the Sites or the Services, or by registering an Account, and will remain in full force and effect unless and until terminated hereunder.
Notwithstanding any other provision of these Terms, Atwood reserves the right to terminate any Account or limit or deny your access to the Sites and/or participation in any Services offered by Atwood at its sole discretion and to remove any inappropriate content that you upload to the Sites at any time without notice to you. However, if feasible, Atwood will use commercially reasonable efforts to provide you with notice of termination. If Atwood terminates your Account because you have breached these Terms, you will not be entitled to any refund of unused subscription fees for Paid Services.
You may terminate your Account and access to the Sites, and/or your subscription for any Paid Services, at any time by following the instructions on the Profile page, or by sending Atwood written notice of termination to Atwood Technology, Inc., 20 Fountainhead Lane, Suite 1, PO Box 196, Miramichi, NB Canada E1V 3M3 or email notice of termination to email@example.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). Atwood may terminate your Account and/or subscription for any Paid Services 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 Atwood.
All references to currency herein are to the lawful money of Canada.
23. Payment, Credit Card Terms, and Taxes
All payments must be made by Visa, Mastercard or PayPal. Unless expressly provided for on the Sites, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms, and conditions associated with such additional form of payment. Your credit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.
YOU, AND NOT ATWOOD, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your payment of subscription fees for the Services (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Atwood of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Atwood does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Atwood or its agents.
You are responsible for paying any governmental taxes imposed on your payment of subscription fees, including, but not limited to, sales, use, or value-added taxes. Atwood will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses in any provinces or territories that it deems are required.
The terms, conditions, and warranties contained in these Terms that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation, or termination of these Terms.
25. Entire Agreement
These Terms constitute the entire agreement between you and Atwood with respect to the Sites, the Content, the Services, your Account, and any information obtained through the Sites by communication with Atwood personnel. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.