BoomerDate Terms of Use Agreement

BoomerDate, Llc. ("BoomerDate"), through its website at www.BoomerDate.net (the "Site"), provides a service through which single adults can meet each other online. In order to use the Site, you must register as a member of the Site (referred to herein as "Member" or the "Membership") and agree to be bound by these terms of Use contained herein (the "Agreement").

If you wish to become a Member and communicate with other Members or utilize directly or indirectly any of the services available on the Site (the "Service"), review the Agreement and follow the instructions in the Registration process. By becoming a Member you agree to be bound by the Agreement. THE AGREEMENT IS SUBJECT TO CHANGE BY BoomerDate AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU.

Eligibility

You must be eighteen or over to register as a Member, to use the Service, or to use this Site in any manner. By using this Site, you represent and warrant that you are at least 18 years old, and have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions herein. Membership is void where prohibited.

BoomerDate cannot guarantee that each Member is at least the required minimum age of 18 years old, and it disclaims responsibility and liability for any content, communication or other use of or access to the Site by persons under the age of 18, or in violation of the Agreement.

Term

The Agreement will remain in full force and effect while you use the Site and/or are a Member. Either you or BoomerDate may terminate your Membership at any time, for any reason, effective upon notice to the other party. BoomerDate reserves the right to immediately suspend or terminate your access to the Service effective upon 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 BoomerDate. If BoomerDate terminates your Membership for cause, including but not limited to your breach of the Agreement, you will not be entitled to any refund of any unused subscription fees.

Membership

Your Membership is for your sole, personal use. You may not authorize others to use your Membership, and you may not assign or otherwise transfer your Membership to any other person or entity. Your Membership may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or Site 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.

BoomerDate may change any fees or charges for using the Service.

Proprietary Rights

BoomerDate owns and retains other proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of BoomerDate. In addition, other Members may not 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 may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Online Content

You understand and agree that BoomerDate may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of BoomerDate violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BoomerDate and/or its Members.

You understand and agree that BoomerDate uses a fully automated monitoring software system that randomly checks the Site for messages which are of an obscene, profane, offensive, or sexually oriented content , and you consent to such monitoring.

You are solely responsible for the Content that you publish or display (hereinafter, "Post") on the Site, or transmit to other Members.

By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to BoomerDate and other 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.

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. BoomerDate will investigate and take appropriate action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators.

As a Member, you agree that:

You will not Post on the Site, or transmit to other Members or BoomerDate employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, 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).

You will not Post material 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 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.

You will not Post Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them.

You will not Post Content that 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.

You will not Post Content that 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, including unauthorized users, or "hackers" (referred to herein as "Users"); and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You will use the Service in a manner consistent with any and all applicable laws and regulations.

You will not include in your Member profile any telephone numbers, street addresses, last names, URL's, and email addresses other than where asked for it in the Confidential Personal Information section.
You will 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 Members.

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on, for, or in connection with the Site or cause others to do so.

Although BoomerDate cannot monitor the conduct of its Members off the Site, it is 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. For protection of Members against such conduct, BoomerDate reserves the right to limit the number of emails which a Member may send to other Members in any 24-hour period to a number which BoomerDate deems appropriate in its sole discretion.

It is possible that other Members or Users may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about your use of the Service, and that the recipient may use such information to harass or injure you. BoomerDate is not responsible for the use of any personal information that you disclose on the Site. Please carefully select the type of information that you Post on the Site or release to others through your use of the Service.

BoomerDate reserves the right, but has no obligation, to monitor the materials Posted in the public areas of the Site or elsewhere related to the Service. BoomerDate shall have the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement. Notwithstanding this right of BoomerDate, you remain solely responsible for the content of the materials you Post in the public areas of the Site or elsewhere related to the Service, and your private email messages.

Emails sent between you and other Members that are not readily accessible to the general public will be treated as private by Boomerdate to the extent required by applicable law.

Copyright Policy

We will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please contact our Legal Department at legal@BoomerDate.net

Member Disputes

You are solely responsible for your interactions with other Members. BoomerDate reserves the right, but has no obligation, to monitor disputes between you and other Members.

Subscription

If you sign-up for multiple subscriptions for the Service, you will be limited to only one instance of BoomerDate Messenger, the instant messenger service available to Members of the Site, regardless of the number of subscriptions you may have with us.

Privacy

Privacy of the Site and/or the Service is governed by our Privacy Policy.

Disclaimers

BoomerDate is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, 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 Service whether online or offline. BoomerDate 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. BoomerDate 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 Site and/or in connection with the Service. Under no circumstances will BoomerDate 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 Site or transmitted to Members. The Site and the Service are provided "AS-IS" and BoomerDate expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BoomerDate cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

Limitation of Liability

BoomerDate does not screen the Members in any way. As a result, in no event will BoomerDate be liable (i) to you for any incidental, consequential, direct or indirect damages (including, but not limited to, physical damages, bodily injury, emotional distress and discomfort, or damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Service, even if BoomerDate or its agents or representatives knows or has been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, BoomerDate'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 BoomerDate for the service during the term of Membership.

In addition, BoomerDate disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or Users of the BoomerDate.net service.

Indemnity

You agree to indemnify and hold BoomerDate, its officers, employees, agents and third parties, 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 the terms of use contained herein, and/or any breach of your representations and warranties contained herein.

General Provisions

By using the Site you agree that any dispute regarding the Site or the Service will be governed by the laws of the state of Nevada without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Nevada.

Other

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BoomerDate 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.