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Do you agree to the Terms and Conditions of NJ-Singles?
Legal Notices And Terms Of Use (rev. Jan. 2002) This service is for singles in New Jersey to meet each other online. In order to use the NJ-Singles.com Web Site (Site) you must join as a member (Member) and agree to be bound by these Terms of Use (Agreement). If you wish to become a Member and communicate with other Members and make use of the NJ-Singles.com service (Service), read these Terms of Use and follow the instructions in the Sign Up process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by NJ-Singles.com from time to time, effective upon notice to you as a Member. You must be eighteen or over to sign up as a member of NJ-Singles.com. Membership in the Service is void where prohibited. By using NJ-Singles.com, 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. A. TRADEMARKS. NJ-Singles.com and Poof-Ta-Da are service marks and trademarks of Psi Prime, Inc., the owner of this Site, and may be used publicly only with express written permission. Other trademarks and service marks featured on NJ-Singles.com are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. B. NON COMMERCIAL USE BY MEMBERS The NJ-Singles.com 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 of NJ-Singles.com and should not use the NJ-Singles.com for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. C. DISCLAIMERS NJ-Singles.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the NJ-Singles.com, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the NJ-Singles.com Service whether online or offline. NJ-Singles.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 and/or Member communications. NJ-Singles.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-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 NJ-Singles.com Site and/or in connection with the NJ-Singles.com Service. Under no circumstances will Psi Prime, Inc. be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the NJ-Singles.com Site or transmitted to NJ-Singles.com Members. The Site and the Service are provided "AS-IS" and NJ-Singles.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NJ-Singles.com cannot guarantee and does not promise any specific results from use of the Site and/or the NJ-Singles.com Service. D. LINKS TO THIS SITE. You may establish a hypertext "link" to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from Psi Prime, Inc. allowing you to do so. E. LINKS TO THIRD PARTY SITES. This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of Psi Prime, Inc., and Psi Prime, Inc. is not responsible for the contents of any linked site or any link contained in a link site. Psi Prime, Inc. is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Psi Prime, Inc. of any linked site. F. JURISDICTION AND VENUE. This site is controlled and operated by Psi Prime, Inc. and its representatives from their offices in West Paterson, New Jersey. We make no representation that the materials available on this site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These provisions of this Terms of Use are to be governed and construed by New Jersey law. In the event of a dispute arising out of or relating to this Terms of Use, or your use of or access to this site, litigation must be brought in state or federal court in the City of Paterson, New Jersey. G. PRIVACY POLICY. (i) What kind of information do we collect? NJ-Singles.com collects personally identifiable information when you register for a membership account. Once you register with NJ-Singles.com and sign in to our services, you are not anonymous to us. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. We also collect information regarding your use of our site through the use of cookies. If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account. (ii) Who sees my information? We do not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent, other than as necessary to process your credit card payment. We very much respect the need for privacy by our visitors. However if you have selected to be on our opt-in email list you will occasionally receive notices and other solicitations sent from us for a third party. (iii) How do you use my information? We use you information solely in order for a third party processor to process your credit card payment, to facilitate your viewing of our web site and to communicate with you. We also use this information to compile broad demographic and web site usage information about our users in general that does not contain anything that could be used to identify you personally. You will receive e-mail updates from us unless you have requested to be omitted from such e-mail updates at the time of your membership signup. You can also indicate at any time, by changing your settings in the "Your Account" area of the Web Site, that you do not wish to receive e-mail information from us. We do not provide your e-mail to third parties without your express consent. (iv) How secure is my information? Psi Prime, Inc. takes reasonable precautions to maintain the security of any information obtained from and about you. We provide you with a secure web page through which to submit your billing information when you join the membership portion of our web site. We maintain your personally identifiable information in a reasonably secure manner including storing such information in behind firewalls. (v) What about my Credit Card Safety? Protecting the safety of your credit card information is important to us. We contract out our credit card processing services that use Secure Sockets Layer (SSL) technology to protect the security of your credit card information as it is transmitted. SSL is the gold standard in Internet encryption technology, which is a fancy way of saying that it's a highly sophisticated method of scrambling data as it travels from your computer to our web site's servers. During the billing process Psi Prime, Inc. insures the user identification by the following methods: -Identify the locations where transactions originate and match them to the credit card numbers provided -Pre-screen transactions using our database of purchasers with poor payment histories. -Utilize AVS (Address Verification Systems) to match credit card numbers with its appropriate billing address. (vi) I've got more questions can you help? Psi Prime, Inc. recognizes the importance of protecting your privacy. If you have any questions about this Privacy Statement, the practices of this web site or your dealings with Psi Prime, Inc., please contact us electronically at contact@nj-singles.com or by mail at: Psi Prime, Inc. 303 Jackson Ave. West Paterson, NJ 07424. Please note that persons under the age of 18 are prohibited from viewing our web site, and Psi Prime, Inc. does not collect any personal information from persons under the age of 18. Please also note that Psi Prime, Inc. is not responsible for the content or the privacy polices of web sites to which it may provide links or the web sites of its advertisers. (1) Unless requested via a subpoena, court order, or local, state, federal or international law enforcement request. H. LIMITATION ON LIABILITY Except in jurisdictions where such provisions are restricted, in no event will NJ-Singles.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 Site or the NJ-Singles.com Service, even if NJ-Singles.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Psi Prime, Inc'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 Psi Prime, Inc. for the Service during the term of membership. I. U.S. EXPORT CONTROLS Software from this Site is further subject to United States export controls. No software from this site may be downloaded 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. J. LOCAL LAWS You must use the NJ-Singles.com Service in a manner consistent with any and all applicable laws and regulations. K. MEMBERSHIP (i) For the purpose of membership: Month is defined as 30 consecutive days; Three-Months is defined as 90 consecutive days; Year is defined as 365 consecutive days; Lifetime is defined as the time between joining NJ-Singles.com and the close of NJ-Singles.com, Psi Prime, Inc. does not warrant that this time span will be longer or shorter than other membership options. (ii) NJ-Singles.com reserves the right to terminate all accounts at any time, with or without notice, and without refund, for the purposes of closing NJ-Singles.com. (iii) NJ-Singles.com does not warrant nor guarantee that its software will be compatible with all web browsers. NJ-Singles.com has been tested to work with Netscape 4.7x and 6.2, and Microsoft Internet Explorer 5.5 in a PC environment. Members are solely responsibly for insuring software compatibility. L. USAGE FEES Some or all of the following fees and charges may be incurred by the Subscriber: (i) Recurring Subscription Fees. Recurring memberships is automatic on a 30 day, 90 day or 1 year billing cycle after the signup date, and shall continue until terminated. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable; and you must be 18 years of age or older to receive a membership to NJ-Singles.com. For your convenience and satisfaction, all recurring memberships will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. All membership cancellations can take place by visiting the "Your Billing" area of the web site. (ii) Other fees and/or charges for goods and services ordered at, through and/or from NJ-Singles.com and its licensees. M. SUBSCRIPTION ASSIGNMENT AND TRANSFERS Subscriptions may not be assigned or transferred to any other person or entity. Each subscriber must promptly inform Psi Prime, Inc. of the following: changes in the expiration date of any credit card used in connection with NJ-Singles.com; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a Member ID and password. Until Psi Prime, Inc. is notified, by conventional mail, web site form, or by telephone to NJ-Singles.com's Customer Service Department at 973-247-7149, during normal business hours of a breach in security, the subscriber will remain liable for any unauthorized use of NJ-Singles.com. Upon request, you will be given access to billing records that support charges for use of the NJ-Singles.com. N. SUBSCRIPTION PAYMENTS (i) Payment for the services provided to you at and/or through NJ-Singles.com may be made by automatic credit card or debit card and you hereby authorize Psi Prime, Inc. and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to NJ-Singles.com, or as unauthorized any charge by NJ-Singles.com, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from NJ-Singles.com or any fraudulent reporting of an unauthorized charge to NJ-Singles.com on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to NJ-Singles.com remains outstanding at the time of such fraudulent reporting, you shall be liable to NJ-Singles.com for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. (ii) All transactions shall be billed by Psi Prime, Inc. Should Psi Prime agree to accept non credit card payments they will be held until funds clear, and are subject to approval. This may delay or prevent access to the members only sections of NJ-Singles.com; Members are responsible, and agree to pay, a fee of $25.00 United States dollars, or the maximum allowed by law, for charge backs, and returned checks, electronic and otherwise, unpaid accounts will be suspended immediately and may incur a 1.5% charge per month on any outstanding balance; O. TERMINATION Subscription to NJ-Singles.com may be terminated at any time, and without cause, by either Psi Prime, Inc. or the subscriber upon notification of the other by electronic or conventional mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of NJ-Singles.com. Your liability for such charges shall continue after termination of your membership for any reason. P. ADVERTISEMENTS AND ENDORSEMENTS Psi Prime, Inc. does not screen or endorse advertisements or communications submitted to NJ-Singles.com by third-party licensees, advertisers, or subscribers for electronic dissemination through NJ-Singles.com. (banner ads) Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of NJ-Singles.com prior to purchasing goods and/or services described at NJ-Singles.com or otherwise responding to any communication at NJ-Singles.com. Q. CONTENT POSTED ON NJ-SINGLES.COM (i). You understand and agree that NJ-Singles.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of NJ-Singles.com violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other NJ-Singles.com and/or its Members. (ii). You are solely responsible for the Content that you publish or display (hereinafter, "post") on the NJ-Singles.com service, or transmit to other NJ-Singles.com Members. (iii). By posting Content to any area of NJ-Singles.com, you automatically grant, and you represent and warrant that you have the right to grant, to Psi Prime, Inc., and other NJ-Singles.com 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. (iv). The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Psi Prime, Inc. will 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) ; - displays pornographic or sexually explicit material of any kind; - provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; - 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. R. MEMBER CONDUCT You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other NJ-Singles.com Members. Although NJ-Singles.com cannot monitor the conduct of its Members off the NJ-Singles.com Site, 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. S. MEMBER DISPUTES You are solely responsible for your interactions with other NJ-Singles.com Members. Psi Prime, Inc., reserves the right, but has no obligation, to monitor disputes between you and other Members. T. ONLINE FRAUD In an effort to reduce online fraud you understand and authorized Psi Prime, Inc. to turn over all your account information to local and federal officials for the purpose of investigating and prosecuting online fraud and non-paying members, this includes members who issue charge backs. You also authorized Psi Prime, Inc. to maintain a list of users who have violated this agreement, and their account information on the NJ-Singles.com web site. You understand and accept that this list will may be distributed to other person for the purpose of reducing online fraud. Psi Prime, Inc. has a zero tolerance policy towards online fraud; this includes members who issue charge backs. Psi Prime, Inc. will investigate and prosecute all members to the fullest extent allowable by law. U. INDEMNITY You agree to indemnify and hold Psi Prime, Inc., 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 these Terms of Use and/or any breach of your representations and warranties set forth above. V. NOTICES. Notices by Psi Prime, Inc. to customers shall be given by means of electronic messages or by a general posting on the site. All questions, complaints, or notices to Psi Prime, Inc. by means of electronic message must be sent to contact@NJ-Singles.com. W. CHANGES TO OUR PRIVACY POLICY This Privacy Policy was posted in January 2002. Psi Prime, Inc. reserves the right to change, modify or amend this policy at any time. If our information practices change in the future, we will let you know by posting the policy changes on our web site or by communicating directly with you. We will notify you of any such change before we use your information in a manner not previously disclosed in our privacy policy. You will have the opportunity at that time to opt out of any new use of your information. X. AGREEMENT This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the NJ-Singles.com service, contains the entire agreement between you and Psi Prime, Inc. regarding the use of the Site 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. Please Contact us with any questions regarding this agreement. Psi Prime Inc. 303 Jackson Ave. West Paterson, NJ 07424 Copyright ©2002 Psi Prime, Inc. All Rights Reserved.
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