Comrite.com Dating Terms of Use Agreement
July 1, 2008
Comrite.com (“Comrite” or “we”) operates Comrite.com dating, which is a social
networking service that allows Members to create unique personal
profiles online in order to find and communicate with old and new
friends. The services offered by Comrite
include any Comrite-branded URL (the "Comrite Website"), the Comrite
instant messaging service, the Comrite application developer service
and other features (for example, music and video embedded players), Comrite mobile services, and any other features, content, or
applications offered from time to time by Comrite in connection with
Comrite’s business (collectively, the "Comrite Services"). The
Comrite Services are hosted in the
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the
Comrite Services. By using the Comrite Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the Comrite Website, including
through a mobile device, or otherwise use the Comrite Services without
being registered) or you are a "Member" (which means that you have registered with
Comrite). The
term "User" refers to a Visitor or a Member. You are only authorized to
use the Comrite Services (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and the terms of
this Agreement. Please read this Agreement and save it. If
you do not agree to be bound by this Agreement and to follow all
applicable laws, you should leave the Comrite Website and discontinue
use of the Comrite Services immediately. If you
wish to become a Member, communicate with other Members and/or make use
of the Comrite Services, you must read this Agreement and indicate your
acceptance during the registration process.
This
Agreement includes Comrite's policy for acceptable use of the Comrite
Services and Content (as defined in Section 6.1 below) posted on or
through the Comrite Services and your rights, obligations and
restrictions regarding your use of the Comrite Services and Content
posted on or through the Comrite Services. In
order to participate in certain Comrite Services, you may be notified
that you are required to download software or content and/or agree to
additional terms and conditions from Comrite. Unless
otherwise provided by the additional terms and conditions applicable to
the Comrite Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Comrite.com, Subject: Terms of Use Agreement.
Comrite
may modify this Agreement from time to time and such modification shall
be effective upon posting by Comrite on the Comrite Website. Your
continued use of the Comrite Services after Comrite posts a revised
Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the
Comrite Services and that you provide to other Users. Your
Comrite profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite
this prohibition, information, materials, products or services provided
by other Comrite Members (for instance, in their profile) may, in whole
or in part, be unauthorized, impermissible or otherwise violate this
Agreement, and Comrite assumes no responsibility or liability for this
material. If you become aware of misuse of the
Comrite Services by any person, please click on the "Contact Comrite”
or the “Report Abuse” link at the bottom of the Comrite Website pages.
Comrite
reserves the right, in its sole discretion, to reject, refuse to post
or remove any posting (including private messages) by you, or to deny,
restrict, suspend, or terminate your access to all or any part of the
Comrite Services at any time, for any or no reason, with or without
prior notice or explanation, and without liability. Comrite
expressly reserves the right to remove your profile and/or deny,
restrict, suspend, or terminate your access to all or any part of the
Comrite Services if Comrite determines, in its sole discretion, that
you have violated this Agreement or pose a threat to Comrite and/or its
Users.
1. Eligibility. Use of the
Comrite Services and registration to be a Member for the Comrite Services (“Membership”) is void where prohibited. By
using the Comrite Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 14 years of
age or older; and (d) your use of the Comrite Services does not violate
any applicable law or regulation. Your profile
may be deleted and your Membership may be terminated without warning,
if we believe that you are under 14 years of age, if
we believe that you are under 18 years of age and you represent
yourself as 18 or older, or if we believe you are over 18 and represent
yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the
Comrite Services or are a Member. You
may terminate your Membership at any time, for any reason, by following
the instructions on the Member's Account Settings page. Comrite may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees.
You acknowledge that Comrite reserves the right to charge for any
portion of the Comrite Services and to change its fees (if any) from
time to time in its discretion. If Comrite
terminates your Membership because you have breached the Agreement, you
shall not be entitled to the refund of any unused portion of fees or
payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party. You agree to notify
Comrite immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members.
The Comrite Services are for the personal use of Members and may be
used for promotional purposes as well, but direct commercial endeavors
may only be used if they are specifically endorsed or authorized by
Comrite. Comrite reserves the right to remove commercial content in its sole discretion. Illegal
and/or unauthorized use of the Comrite Services, including collecting
usernames, user id numbers, and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the Comrite Website, or
employing third party promotional sites or software to promote profiles
for money, is prohibited. Commercial
advertisements, affiliate links, and other forms of unauthorized
solicitation may be removed from Member profiles without notice or
explanation and may result in termination of Membership privileges.
Comrite reserves the right to take appropriate legal action for any illegal or unauthorized use of the
Comrite Services.
6. Proprietary Rights in Content on
Comrite.
6.1
Comrite
does not claim any ownership rights in the text, files, images, photos,
video, sounds, musical works, works of authorship, applications, or any
other materials (collectively, "Content") that you post on or through
the Comrite Services. After posting your
Content to the Comrite Services, you continue to retain any such rights
that you may have in your Content, subject to the limited license
herein. By displaying or publishing ("posting")
any Content on or through the Comrite Services, you hereby grant to
Comrite a limited license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such Content
solely on or through the Comrite Services, including without limitation
distributing part or all of the Comrite Website in any media formats
and through any media channels, except Content marked “private” will
not be distributed outside the Comrite Website. This
limited license does not grant Comrite the right to sell or otherwise
distribute your Content outside of the Comrite Services. After
you remove your Content from the Comrite Website we will cease
distribution as soon as practicable, and at such time when distribution
ceases, the license will terminate. If after we
have distributed your Content outside the Comrite Website you change
the Content’s privacy setting to “private,” we will cease distribution
of such “private” Content outside the Comrite Website as soon as
practicable after you make the change.
6.2 The
license you grant to Comrite is non-exclusive (meaning you are free to
license your Content to anyone else in addition to Comrite), fully-paid
and royalty-free (meaning that Comrite is not required to pay you for
the use on the Comrite Services of the Content that you post),
sublicensable (so that Comrite is able to use its affiliates,
subcontractors and other partners such as Internet content delivery
networks and wireless carriers to provide the Comrite Services), and
worldwide (because the Internet and the Comrite Services are global in
reach).
6.3 You
represent and warrant that: (i) you own the Content posted by you on or
through the Comrite Services or otherwise have the right to grant the
license set forth in this Section 6, and (ii) the posting of your
Content on or through the Comrite Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. You agree to
pay for all royalties, fees, and any other monies owing any person or
entity by reason of any Content posted by you on or through the Comrite
Services.
6.4 The
Comrite Services contain Content of Comrite ("Comrite Content"). Comrite
Content is protected by copyright, trademark, patent, trade secret and
other laws, and Comrite owns and retains all rights in the Comrite
Content and the Comrite Services. Comrite
hereby grants you a limited, revocable, nonsublicensable license to
reproduce and display the Comrite Content (excluding any software code)
solely for your personal use in connection with viewing the Comrite
Website and using the Comrite Services.
6.5 The
Comrite Services contain Content of Users and other Comrite licensors. Except
as provided within this Agreement, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any
Content appearing on or through the Comrite Services.
6.6
Comrite
performs technical functions necessary to offer the Comrite Services,
including but not limited to transcoding and/or reformatting Content to
allow its use throughout the Comrite Services.
7. Content Posted.
7.1
Comrite
may reject, refuse to post or delete any Content for any or no reason,
including Content that in the sole judgment of Comrite violates this
Agreement or which may be offensive, illegal or violate the rights of
any person or entity, or harm or threaten the safety of any person or
entity. Comrite assumes no responsibility for monitoring the Comrite
Services for inappropriate Content or conduct. If
at any time Comrite chooses, in its sole discretion, to monitor the
Comrite Services, Comrite nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting any such
Content.
7.2 You
are solely responsible for the Content that you post on or through any
of the Comrite Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the
Comrite Services. Comrite
reserves the right to investigate and take appropriate legal action
against anyone who, in Comrite's sole discretion, violates this
provision, including without limitation, removing the offending Content
from the Comrite Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of
Comrite:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes
or promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
8.8 constitutes
or 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 manufacturer-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
8.9 involves
the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
8.10 contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
8.11 furthers
or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves
commercial activities and/or sales without prior written consent from
Comrite such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for
band, comedy, filmmaker and other profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended
to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The
following are examples of the kind of activity that is illegal or
prohibited on the Comrite Website and through your use of the Comrite
Services. Comrite reserves the right to
investigate and take appropriate legal action against anyone who, in
Comrite's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal
or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking,
spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising
to, or solicitation of, any Member to buy or sell any products or
services through the unauthorized or impermissible use of the Comrite
Services. You may not transmit any chain letters or junk email to other Members. In
order to protect our Members from such advertising or solicitation,
Comrite reserves the right to restrict the number of emails which a
Member may send to other Members in any 24-hour period to a number
which Comrite deems appropriate in its sole discretion. If
you breach this Agreement and send unsolicited bulk email, instant
messages or other unauthorized commercial communications of any kind
through the Comrite Services, you acknowledge that you will have caused
substantial harm to Comrite, but that the amount of such harm would be
extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay Comrite $50 for
each such unsolicited email or other unauthorized commercial
communication you send through the Comrite Services;
8.19 circumventing
or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person in circumventing or modifying any security
technology or software that is part of the Comrite Services;
8.20 activity
that involves the use of viruses, bots, worms, or any other computer
code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise permit
the unauthorized use of or access to a computer or a computer network;
8.21 covering
or obscuring the banner advertisements on your personal profile page,
or any Comrite page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
8.23 interfering
with, disrupting, or creating an undue burden on the Comrite Services
or the networks or services connected to the Comrite Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for
band, comedy, filmmaker and other profiles containing a Comrite player,
copying the code for your Comrite Player and embedding it (or directing others to embed it) anywhere other than your band profile on
Comrite;
8.26 using
the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the
Comrite Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying
an unauthorized commercial advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity through the unauthorized or
impermissible use of the Comrite Services on behalf of that person,
such as placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending private
messages with a commercial purpose; or
8.30 using the
Comrite Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property.
Comrite respects the intellectual property of others, and requires that our users do the same. You
may not upload, embed, post, email, transmit or otherwise make
available any material that infringes any copyright, patent, trademark,
trade secret or other proprietary rights of any person or entity. Comrite has the right to terminate the Membership of infringers.
If
you believe your work has been copied and posted on or through the
Comrite Services in a way that constitutes copyright infringement,
please send Comrite's Copyright Agent a notification of claimed
infringement with all of the following information: (a) identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the claimed
infringing material and information reasonably sufficient to permit us
to locate the material on the Comrite Services (providing the URL(s) of
the claimed infringing material satisfies this requirement); (c)
information reasonably sufficient to permit us to contact you, such as
an address, telephone number, and, if available, an email address; (d)
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the
copyright owner or a uthorized to act on the copyright owner's behalf;
and (f) your physical or electronic signature. Comrite's Copyright Agent for notification of claimed infringement can also be reached electronically by
clicking here.
Comrite provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other
Comrite Members. Comrite reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Comrite Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers.
Comrite is not responsible for and makes no warranties, express or
implied, as to the User Content or the accuracy and reliability of the
User Content posted on or through the Comrite Services, whether caused
by Users of the Comrite Services or by any of the equipment or
programming associated with or utilized in the Comrite Services and
such User Content does not necessarily reflect the opinions or policies
of Comrite. Profiles and third party applications created and posted by Members on the
Comrite Website may contain links to other websites. Comrite
is not responsible for the content, accuracy or opinions expressed on
such websites, and such websites are not necessarily investigated,
monitored or checked for accuracy or completeness by Comrite. Inclusion
of any linked website on the Comrite Services does not imply approval
or endorsement of the linked website by Comrite. When you access these third party sites, you do so at your own risk. Comrite
takes no responsibility for third party advertisements or third party
applications that are posted on or through the Comrite Services, nor
does it take any responsibility for the goods or services provided by
its advertisers. Comrite is not responsible for the conduct, whether
online or offline, of any User of the Comrite Services. Comrite
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, any User or Member communication. Comrite
is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any email or
players due to technical problems or traffic congestion on the Internet
or on any of the Comrite Services or combination thereof, including any
injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection
with the Comrite Services. Under no
circumstances shall Comrite be responsible for any loss or damage,
including personal injury or death, resulting from use of the Comrite
Services, attendance at a Comrite event, from any User Content posted
on or through the Comrite Services, or from the conduct of any Users of
the Comrite Services, whether online or offline. The
Comrite Services are provided "AS-IS" and as available and Comrite
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Comrite cannot guarantee and does not promise any specific results from use of the
Comrite Services.
13. Limitation on Liability.
IN NO EVENT SHALL Comrite BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
Comrite SERVICES, EVEN IF Comrite HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, Comrite'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 Comrite FOR THE
Comrite SERVICES DURING THE TERM OF MEMBERSHIP.
14.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of
16. Indemnity.
You agree to indemnify and hold Comrite, its subsidiaries, and
affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Comrite Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth in this
Agreement and/or if any Content that you post on or through the Comrite
Services causes Comrite to be liable to another.
17. Other.
This Agreement is accepted upon your use of the Comrite Website or any
of the Comrite Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
Comrite regarding the use of the Comrite Services. The
failure of Comrite to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect.
Comrite is a trademark of Comrite, Inc. This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not
affect the validity and enforceability of any remaining provisions.
Please contact us at:
Contact
Comrite with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.