SINGLE DADS TOWN TERMS OF SERVICE
(Updated: December 8, 2008)
The terms and conditions of these Terms of Service (the "Agreement") are applicable to the web sites located at the domain singledadstown.com (the "Site"). The Agreement sets forth the terms and conditions that apply to your use of the Site and materials offered thereon (together with any successor web site(s), collectively, the "Service") which are offered to you by Single Dads Town. BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY. Click here to review Single Dads Town Privacy Policy.
SPECIAL NOTE FOR PEOPLE UNDER EIGHTEEN (18) YEARS OF AGE: If you are under eighteen, you must have your parent or guardian review and agree to this Agreement on your behalf by clicking the box marked "I have read & accept the SingleDadsTown.com Terms of Service & Privacy Policy". Users under thirteen may not use the Service (as defined below). Please review the section on Minors below for more information.
Single Dads Town reserves the right to change this Agreement from time to time, for any reason, which changes Single Dads Town may provide to you by any reasonable means, including without limitation by posting the new version of this Agreement on the Service. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by referring to the "Updated" legend at the top of this Agreement. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.
Restrictions on Use
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the domain singledadstown.com using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you will be provided with services that may include, without limitation, data, information, editorial content, blogs, forums, chat rooms, links to other web sites and other computer services that Single Dads Town may decide to offer, subject to the terms hereof. Single Dads Town may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in Single Dads Town's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by Single Dads Town and contains material that is derived in whole or in part from material supplied and owned by Single Dads Town and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software ("Material"). You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by Single Dads Town to access and use the Service, download certain Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Single Dads Town and Single Dads Town does not transfer title to any such Material to you.
Membership Rules and Guidelines
(a) Registration
Certain of the Service's offerings will be member based services.
If you decide to use member based services you will be required to register.
With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name
that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person;
that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in
our sole discretion.
When you register to use these Services, you will be required to provide certain information about yourself.
You agree to provide true, accurate and complete information about yourself, and to update this information when it changes.
If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Single Dads Town suspects that your
information is untrue or inaccurate, not current, or incomplete, Single Dads Town may, in its sole discretion, suspend or terminate
your membership and refuse current or future access to the Service.
Any personally identifiable information supplied hereunder will be subject to the terms of our
Privacy Policy.
Single Dads Town reserves the right to change the nature of this relationship at any time.
(b) Passwords
Should Single Dads Town provide to you a password, or should you select a password, that allows you to access certain parts of the Service,
you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully
responsible for all activities that occur under your password or account.
You agree that you will immediately notify Single Dads Town of any unauthorized use of your password or account, or any other breach of
security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.
(c) Rules for Use of the Service
(1) Conduct Required for Use of the Service:
It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the
Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane,
indecent or otherwise objectionable information of any kind, including without limitation, any images or other material depicting
Nudity as herein defined; (iii) post or transmit comments containing harassing or offensive language, including sexual references,
sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in
disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over),
or use of viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is
harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or
equipment; (iv) post or transmit any information, software or other material that is fraudulent or tortious or that violates or
infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or
other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material
distributed without permission); (v) post or transmit any information, software or other material that contains a virus or other
harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities,
in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material
for commercial purposes or that contains advertising, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities
or any other forms of solicitations; (viii) solicit other users to join, become members of, or contribute money to any online service
or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving
other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation
with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the
Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users
of the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart Single Dads Town's detection processes; (xiii) post or
transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law; (xiv) attempt to gain unauthorized access to other computer
systems or networks connected to the Service, (xv) remove any copyright, trademark or other proprietary rights notice from the Service
or materials originating from the Service; or (xvi) frame or mirror any part of the Service without Single Dads Town's express prior written consent.
For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or
persons wearing transparent clothing over genitalia.
You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network
devices (specifically including Internet access) for any unlawful purpose. Single Dads Town, at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this provision.
You may not use any Material in connection with any site or other use that contains or is associated with information or content
prohibited by this section.
Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble
or reduce any portion of the Service to a human-readable form, or attempt to do any of the above.
In accordance with mandatory statutory rights, you may decompile any portion of the Service and use such decompiled portion if, and
only to the extent that, such decompilation is necessary to obtain the information necessary for an independently created program to
be interoperable with the relevant portion of the Service or with another program, and the information so obtained is not used for any
other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to Single Dads Town and Single Dads Town
has not provided the information within one month of your written request.
(2) Monitoring:
Single Dads Town has no obligation to monitor the use of the Service by members.
You acknowledge and agree that Single Dads Town reserves the right to, and may from time to time, monitor any and all information uploaded to this
Service for operational or other purposes.
During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our
Privacy Policy
and applicable privacy laws and regulations.
Use of the Service constitutes consent to such monitoring.
Furthermore, Single Dads Town reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part,
that in Single Dads Town's sole and absolute discretion are objectionable or in violation of this Agreement.
In addition, Single Dads Town reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order
to operate the Service, to protect Single Dads Town, its parent or subsidiary companies, its affiliates and their respective directors, officers,
employees and agents and the Service's users, to satisfy any law, regulation or governmental request or to enforce this Agreement.
(3) License:
By uploading files, inputting data, submitting content (including without limitation, comments to blogs or forums) or engaging in any other form
of communication (a "Communication") through the Service you are granting Single Dads Town a royalty-free, irrevocable, transferable, perpetual,
non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate,
reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form
of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to such Communication.
No Communication shall be subject to any obligation of confidence on the part of Single Dads Town.
For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this
section, and that such Communication, and your provision thereof to and through the Service, complies with all applicable laws, rules
and regulations.
You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials
regarding each Communication that you may have under any applicable law under any legal theory.
(4) Content on the Service:
Communications posted through the Service may be provided by users such as you who are unaffiliated with Single Dads Town, and the user providing
each such Communication is solely responsible for the content thereof.
This means that you, and not Single Dads Town, are entirely responsible for all Communications that you upload, post, email or otherwise transmit
to or via the Service.
In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been
reviewed by Single Dads Town, that such Communications contain correct information, or that the persons posting such Communications have
accurately identified themselves and/or their affiliation with any third party.
Single Dads Town neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties.
You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable.
Under no circumstances will Single Dads Town be liable in any way for any Communication, including, but not limited to, liability for any errors
or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service.
The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not
reflect the opinions of Single Dads Town.
(5) Personal Safety:
When using the Service, please be certain that anything you say does not compromise your personal safety.
Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to
people you do not know.
Do not continue any conversation online that makes you feel uncomfortable.
Please note that Single Dads Town has no control over, and shall have no liability for any damages resulting from, the use (including without
limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other
part of the Service.
If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your
own risk.
(6) Blogs:
Blogs on the Service may permit registered users to submit comments to the blogs.
Single Dads Town staff, in their sole discretion, may review, edit and shorten the submitted comments.
Single Dads Town staff, in their sole discretion may select certain comments to post.
Blog comments may include one or more of the following: your screen name, first name, last name initial and state.
In some instances we may ask registered users how they would like to be identified in a blog comment.
(7) Forums:
Forums on the Service may permit registered users to submit comments to the forums.
Single Dads Town staff, in their sole discretion, may review, edit and shorten the submitted comments.
Single Dads Town staff, in their sole discretion may select certain comments to post.
Forum comments may include one or more of the following: your screen name, first name, last name initial and state.
In some instances we may ask registered users how they would like to be identified in a forum comment.
By making a comment to a blog or forum, you are representing and warranting 1) that you are at least 18 years old and 2) that your comment does not violate the rights of any other person or entity. You will not receive any compensation for your comment or for granting any of these rights. Single Dads Town is not obligated to use your comment.
How Our Service Works
Single Dads Town provides users with access to a rich collection of resources related to being a dad, single dad, or parent,
such as Single Dads Town videos and radio broadcasts.
Some of our Content requires users to be registered and other Content requires users to pay a fee which could be billed either in
regular increments (e.g. monthly or yearly) or on a pay-per-use basis.
You understand and agree that the Service may include certain communications from Single Dads Town, such as service announcements or administrative
messages, and that these communications are part of the Service and you will not be able to opt out of receiving them.
You understand and agree that the Service is provided "AS-IS" and that Single Dads Town assumes no responsibility for the timeliness, deletion,
misdelivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service
provider or airtime charges).
In addition, you must provide and are responsible for all equipment necessary to access the Service.
Our Subscription Services
Generally
The Service may offer certain services (Free Membership, Single Dads Town Plus) for which we may charge a fee
that is billed in regular increments (e.g. monthly or yearly) in order for registered users to access the service
("Subscription Services").
Subscription fees are subject to change.
In the event of a change in any subscription fee, a notice regarding the subscription fee change will be posted at the Member Center
or you will be sent an email prior to the effective date of the fee change.
It is the sole responsibility of the subscribers to check this page from time to time for any such notices.
Credit Card Billing
By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or
yearly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service.
As used in these Terms of Service, "billing" shall indicate a charge against your Payment Method.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you
cancel your membership.
We will automatically bill your Payment Method each period on the calendar day corresponding to the day after your free trial has ended.
In the event a monthly membership began on a day not contained in a given month, we will bill your Payment Method on the last day of
such month.
For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th.
All fees, taxes and charges are nonrefundable.
There will be no refunds or credits for partially used periods, unless required by applicable law.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of
these changes by posting a notice at the Member Center or by e-mail.
If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit
your Payment Method information by clicking on the "Member Center" button, available at the top of the home page of the Service.
If your Payment Method reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for
us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
If a charge to your credit card is denied for any reason, Single Dads Town shall have the right to terminate or suspend your subscription and your
access to the Subscription Service.
Automatic Renewals
Your subscription to a Subscription Service will be automatically renewed on a periodic (e.g., monthly or yearly) basis.
We will bill the applicable subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to
a different Payment Method if you change your account information).
Your subscription will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until you
cancel your subscription or we terminate it.
You must cancel your subscription before it renews each period in order to avoid billing of the next period's subscription fees to your
Payment Method.
Cancellation
You may cancel your subscription to a Subscription Service at anytime, and cancellation will be effective at the end of the applicable
period during which you notify Single Dads Town of your cancellation.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY
APPLICABLE LAW. To cancel, click the word "Unsubscribe" on the "Member Center" page and follow the instructions.
Single Dads Town reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the
discontinuation of the Subscription Service; in such event, Single Dads Town will provide a pro-rata return of your subscription fee based on the
unused portion of your subscription.
We reserve the right to terminate your account for any reason or no reason.
Account Access; Identity Protection
In order to provide you with ease of access to your account, Single Dads Town will place a cookie (a small text file) on any computer from which
you access the Service.
Please see our
Privacy Policy
for information about cookies.
When you revisit the Service, this cookie will enable us to recognize you as the account holder and provide you with direct access to
your account without requiring you to retype any password or other user identification.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer
or mobile device.
Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service.
If you find that you're a victim of identity theft and it involves a Single Dads Town account, you should notify customer service.
Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency.
Single Dads Town reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself
and its partners from what it believes to be fraudulent activity.
Single Dads Town is not obligated to credit or discount a membership for holds placed on the account by either a representative of Single Dads Town or by the
automated processes of the Service.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Customer Support
All customer support for the Service will be conducted solely online and/or via email at info@singledadstown.com.
Submissions
Single Dads Town is pleased to hear from users and welcomes your comments regarding Single Dads Town's programs and services. Single Dads Town's longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Single Dads Town's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of Single Dads Town, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Single Dads Town. Disclosure, submission, or offer of any Comments shall constitute an assignment to Single Dads Town of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. Single Dads Town may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Single Dads Town and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. Single Dads Town is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.
Merchants and Rules for Sweepstakes, Contests, Raffles and Similar Promotions
In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from this Agreement. We note that you should review the specific rules for a particular Promotion to determine whether you are eligible to participate in such Promotion. By participating in any such Promotion, you will become subject to any specific rules applicable to such Promotion, which may vary from the terms and conditions set forth herein. Single Dads Town urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. Your correspondence or business dealings with, or participation in promotions of, merchants 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 merchant. Single Dads Town will 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 merchants on the Service.
Disclaimer of Warranties
Single Dads Town HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME
PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. Single Dads Town, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR
CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS"
AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Single Dads Town DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT,
AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Single Dads Town DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR
CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Single Dads Town DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN
THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION.
YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF
LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS.
Single Dads Town FURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN
SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. Single Dads Town AND ITS VENDORS BELIEVE THEIR DATA AND
TEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER
PROPERTY.
Limitation of Liability
IN NO EVENT SHALL Single Dads Town, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, Single Dads Town'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Single Dads Town, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Single Dads Town, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Indemnification
You agree to defend, indemnify and hold harmless Single Dads Town, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
Termination
Single Dads Town may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service, (v) tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Single Dads Town may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Single Dads Town and its licensors.
Trademarks
Single Dads Town, the Single Dads Town logo, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Single Dads Town or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
Minors
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that
you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service;
(c) the consequences of any use of the Service by such Minor.
Children under the age of 13 may not register for any Service hereunder.
At various places on the Service, we may ask whether users are under the age of 18 or 13.
Single Dads Town relies on our users to be truthful in responding to these questions.
If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
Single Dads Town is concerned about the safety and privacy of all its users, particularly children.
For this reason, parents or guardians who wish to allow their children access to the Site should assist them in selecting appropriate
Content and supervise their access to the Site.
Please remember that the Site is designed to appeal to single dads.
Accordingly, as your child's legal guardian, it is your responsibility, not the responsibility of Single Dads Town, to determine whether any portion
of the Site, or any site linked from the Site, is appropriate for your child.
Single Dads Town invites parents and guardians to visit the web site of the Internet Watch Foundation at http://www.iwf.org.uk/ for information and
advice on protecting their children when they are online.
Parents and guardians, please note that parental control protections (such as computer hardware, software or filtering services) are
available that may assist you in limiting access to material that is harmful to minors.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Single Dads Town hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the America Links Up web site, http://www.netparents.org/parentstips/browsers.html.
Infringement Policy
Single Dads Town, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right,
but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are
involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing.
Single Dads Town accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. Section 512(c), Single Dads Town has implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Act.
All claims of infringement must be submitted to Single Dads Town in a written complaint that complies with the requirements below and is delivered
to our designated agent to receive notification of claimed infringement:
Single Dads Town
P.O. Box 4785
Greenwood Village, CO 80155
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other
proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly
infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or
infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be
defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate
the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright
or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Single Dads Town's Proprietary Rights
You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service
or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Single Dads Town or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
Single Dads Town grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software.
You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than
provided by Single Dads Town for use in accessing the Service.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Modification to the Terms of Service
Single Dads Town reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Service may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
Third Party Applications
Your access to or use of the Service may require your use of a media player or other application that is not provided by Single Dads Town. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT Single Dads Town IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.
Export Control
Although the Service is accessible worldwide, not all products or services discussed or referenced in, or made available through, the
Service are available to all persons or in all geographic locations or jurisdictions.
In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions.
Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with
their local laws, if and to the extent such local laws are applicable.
Single Dads Town, its parent, subsidiary companies, affiliates, suppliers and agents, reserve the right to limit the availability of the Service
and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in
our or their sole discretion.
Material from the Service is further subject to United States export controls.
No Material from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any
country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders.
By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such
such list.
Rules for Blogs, Forums, and Other User-Supplied Material
Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information,
ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the
Service or others ("Post" or "Postings").
Postings do not reflect the views of Single Dads Town, its parent or subsidiary companies, its affiliates or their respective officers, directors,
employees or agents, and Single Dads Town does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole
discretion.
Notwithstanding anything else in this Agreement, Single Dads Town should not be seen as endorsing any Post in any way.
Single Dads Town, its parent company, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for
any Posting that is in violation of this Agreement.
You acknowledge that anything you submit to the Service by way of any Posting is routed through Single Dads Town's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in this Agreement, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else's use
of the Service; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage
anyone to break the law; (4) violate anyone's copyright, trademark or other property right; (5) interfere with the privacy of any other
user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the
origin of the material or the communication.
You agree to comply with any additional terms which are referred to on the Service or any subsite within the Service.
The message boards provided on the Service are for the purpose of exchanging views and information about television programming.
Single Dads Town reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials for any reason
whatsoever, in its sole discretion.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful
material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. Although Single Dads Town may from time to time monitor or review bulletin boards, chatrooms, discussions,
postings, transmissions, and the like on the Service, Single Dads Town is under no obligation to do so and assumes no liability or responsibility
arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained
in any such communication. Single Dads Town may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or
offensive, or that violate Single Dads Town's policies in any way.
Further, Single Dads Town reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do
so.
Single Dads Town will fully cooperate with any law enforcement authorities or court order requesting or directing Single Dads Town to disclose the identity of
anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue
for any business enterprise or commercial activity.
Miscellaneous
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Single Dads Town to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Single Dads Town. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. You acknowledges that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with Single Dads Town or licensors of Single Dads Town or any of its affiliated entities as third party beneficiaries of this Agreement, and Single Dads Town, its affiliated companies or its or their licensors will be entitled to enforce such provisions against you.
Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Colorado in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in Arapahoe County in the State of Colorado, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Arbitration
All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the County of Arapahoe in the State of Colorado. The arbitrator's decision shall be based upon the laws of the State of Colorado as set forth in Section 26 above, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Arapahoe County in the State of Colorado shall have such jurisdiction. The foregoing shall not preclude Single Dads Town from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to info@singledadstown.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Registration
When you register for singledadstown.com you will be asked to agree to this Agreement by clicking a box marked "I have read & accept the singledadstown.com Terms of Service & Privacy Policy". Please note, if you are under EIGHTEEN (18) years old, you must have your parent or guardian review and agree to this Agreement on your behalf by clicking the same box. Users under THIRTEEN (13) years old may not use the Service.
