FindNewPassion.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, or to restrict, suspend, or terminate your access to all or any part of the Website and / or Services at any time, for any or no reason, with or without prior notice, and without liability. FindNewPassion.com assumes neither responsibility nor liability for any material on the website. You agree to release and hold FindNewPassion.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any type of use of the Find New Passion website.
By visiting, logging on or accessing the Website on any computer, mobile device or other electronic apparatus (or registering as a free or paid Member), you consent to have this Agreement provided to you in electronic form.
You have the right, at any time, to withdraw your consent to have this Agreement provided to you in electronic form.
You must be at least eighteen (18) years of age to register as a member of FindNewPassion.com or use the Website, in any form or fashion. Membership in the Service is void where prohibited by law. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You are solely responsible for your interactions with other members. You understand that findnewpassion.Com currently does not conduct criminal background checks on its members. Findnewpassion.Com also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. Findnewpassion.Com makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. Findnewpassion.Com reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches or financial inquiries), at any time and using available public records.
In no event shall findnewpassion.Com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. In addition, you agree to review findnewpassion.Com's dating safety tips prior to using the service. You understand that findnewpassion.Com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service. You should not provide your financial information (for example, your credit card or bank account information) to other members.
You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying subscriber to the Service. FindNewPassion.com is proud to be one of the most cost effective married dating solutions available on the internet today. Please see our "Pricing and Packages" page for a description of the current subscription plans and their respective prices. Please note that the packages and policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. For purposes of this Agreement the term "Member" includes subscribers, unless where its usage indicates otherwise. From time to time, FindNewPassion.com may remove the profiles of non-subscribers.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Suspension pages in "Account" on your profile page, or you may Contact Us online or send FindNewPassion.com written notice of termination to email@example.com If you resign, suspend or cancel your membership and/or subscription via the FindNewPassion.com site, to help FindNewPassion.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.
FindNewPassion.com may terminate your membership and/or subscription by 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 FindNewPassion.com. If FindNewPassion.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of FindNewPassion.com. FindNewPassion.com is not required to provide you notice prior to terminating your membership and/or subscription. FindNewPassion.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of FindNewPassion.com, which may be revoked at any time, for any reason, in FindNewPassion.com's sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify FindNewPassion.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FindNewPassion.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to your FindNewPassion.com account.
FindNewPassion.com's management and strategic partners own and retain all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FindNewPassion.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by FindNewPassion.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FindNewPassion.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will FindNewPassion.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, 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 provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to FindNewPassion.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify FindNewPassion.com of such change.
You understand and agree that FindNewPassion.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of FindNewPassion.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
By posting Content to any public area of FindNewPassion.com, you automatically grant, and you represent and warrant that you have the right to grant, to FindNewPassion.com, its affiliates, partners, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by FindNewPassion.com will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FindNewPassion.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs, Instant Messenger IDs, email addresses, or any other personal information.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although FindNewPassion.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve 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 we deem appropriate in our sole discretion.
All information you include in your Member profile must be accurate, current and complete.
FindNewPassion.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
FindNewPassion.com does not offer any refunds, for any reason, at this time. Once a transaction has been processed, you understand that there will be no refunds issued to a member for any reason.
FindNewPassion.com bills you through PayPal or another online account (your "Billing Account") for use of the Service. You agree to pay VILYX, Incorporated all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize FindNewPassion.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. FindNewPassion.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with FindNewPassion.com on the Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please contact PayPal to cancel your subscription. However, you will NOT be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize FindNewPassion.com to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize FindNewPassion.com to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if FindNewPassion.com does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that FindNewPassion.com may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your PayPal Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify PayPal FindNewPassion.com billing account. If your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password), changes to such information can be made at "Account Settings" on the Payment Processing screen or by contacting PayPal . If you fail to provide FindNewPassion.com any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Your non-termination or continued use of the Service reaffirms that FindNewPassion.com is authorized to charge your Payment Method. FindNewPassion.com may submit those charges for payment and you will be responsible for such charges. This does not waive FindNewPassion.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
FindNewPassion.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FindNewPassion.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Service, FindNewPassion.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
You may not post, distribute, or reproduce in any way any 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 Service in a way that constitutes copyright infringement, please provide FindNewPassion.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FindNewPassion.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org.
You are solely responsible for your interactions with other FindNewPassion.com Members. FindNewPassion.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
FindNewPassion.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FindNewPassion.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FindNewPassion.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FindNewPassion.com 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 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 Web and/or in connection with the Service. Under no circumstances will FindNewPassion.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FindNewPassion.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FindNewPassion.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. FindNewPassion.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FindNewPassion.com has no control over such sites and resources, you acknowledge and agree that FindNewPassion.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FindNewPassion.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
FindNewPassion.com permits you to associate a FindNewPassion.com username and password with your Window's Live ID, Facebook, Twitter, MySpace, other dating and social networking sites. When you establish a linked account, you can sign into Window's Live, Facebook, Twitter or AOL Screenname and automatically sign into FindNewPassion.com at the same time. FindNewPassion.com is not responsible for the operation or functionality of Window's Live or AOL Screenname. Microsoft is a registered trademark of Microsoft Corporation and AOL is a registered trademark of America Online, Inc. Respectively, Facebook, Twitter and MySpace are all registered trademarks of their respective companies.
Except in jurisdictions where such provisions are restricted, in no event will FindNewPassion.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FindNewPassion.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FindNewPassion.com'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 FindNewPassion.com for the Service during the term of membership.
Software from this website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against FindNewPassion.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against FindNewPassion.com any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and FindNewPassion.com. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, OTHER CLASS PROCEEDING, OR NEUTRAL ARBITRATOR.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FindNewPassion.com may be commenced only in the federal or state courts located in Middlesex County, Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and FindNewPassion.com, shall be governed by the laws of the state of Massachusetts without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You agree to indemnify and hold FindNewPassion.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and FindNewPassion.com regarding the use of the Website 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. This Agreement is subject to change by FindNewPassion.com at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the FindNewPassion.com website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Billing and Payment Section. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.