(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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