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DELIGHTFUL ENCOUNTERS – TERMS OF USE 1. ACCEPTANCE OF TERMS – Delightful Encounters provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Delightful Encounters services, you agree to abide by any applicable posted guidelines for all Delightful Encounters services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Delightful Encounters in any way, your only recourse is to immediately discontinue use of Delightful Encounters. Delightful Encounters has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution. 2. MODIFICATIONS TO THIS AGREEMENT – We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:http://delightfulencounters.net/. 3. CONTENT – You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Delightful Encounters does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Delightful Encounters site and Content available through the Service may contain links to other websites, which are completely independent of Delightful Encounters. Delightful Encounters makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Delightful Encounters be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Delightful Encounters does not pre-screen or approve Content, but that Delightful Encounters shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. 4. THIRD-PARTY CONTENT, SITES, AND SERVICES – The Delightful Encounters site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of Delightful Encounters, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Delightful Encounters shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Delightful Encounters is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Delightful Encounters, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 5. NOTIFICATION OF CLAIMS OF INFRINGEMENT – If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Delightful Encounters's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at contact@delightfulencounters.net or: Copyright Agent, Delightful Encounters LLC, P.O. Box 202, Gervais, OR 97026. Please provide our Agent with the following Notice: a) Identify the material on the Delightful Encounters site that you claim is infringing, with enough detail so that we may locate it on the website; b) 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; c) a statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) your address, telephone number, and email address; and e) your physical or electronic signature. Delightful Encounters will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE – Delightful Encounters has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.ice-breakerz.com. Your use of the Delightful Encounters website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Delightful Encounters may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g., phone number, street address) of a third party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Delightful Encounters, its users or the general public. 7. CONDUCT – You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation executive order, or federal, state, or local government contract; g) that impersonates any person or entity, including, but not limited to, a Delightful Encounters employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); h) that includes personal or identifying information about another person without that person's explicit consent; i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Delightful Encounters sites which are not designated for such purposes, or emailed to Delightful Encounters users who have not indicated in writing that it is OK to contact them about other services, products or commercial interests; m) that includes links to commercial services or web sites, except as allowed in "services"; n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://delightfulencounters.netabout/prohibited.items.html; o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; s) "stalk" or otherwise harass anyone; t) collect personal data about other users for commercial or unlawful purposes; u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Delightful Encounters; v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; x) attempt to gain unauthorized access to Delightful Encounters's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Delightful Encounters website; or y) use any form of automated device or computer program that enables the submission of postings on Delightful Encounters without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; z) use any form of automated device or computer program ("flagging tool")that enables the use of Delightful Encounters's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU. 8. POSTING AGENTS – A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Delightful Encounters's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Delightful Encounters. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Delightful Encounters. 9. NO SPAM POLICY – You understand and agree that sending unsolicited email advertisements to Delightful Encounters email addresses or through Delightful Encounters computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Delightful Encounters computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030, et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. 10. PAID POSTINGS – We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. 11. LIMITATIONS ON SERVICE – You acknowledge that Delightful Encounters may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Delightful Encounters has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Delightful Encounters reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Delightful Encounters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. ACCESS TO THE SERVICE – Delightful Encounters grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Delightful Encounters. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Delightful Encounters permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Delightful Encounters to do so. You may also create a hyperlink to the home page of Delightful Encounters sites so long as the link does not portray Delightful Encounters, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Delightful Encounters offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third-party software news aggregators. Delightful Encounters permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Delightful Encounters” as the source, (d) your use or display does not suggest that Delightful Encounters promotes or endorses any third-party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Delightful Encounters's systems. Delightful Encounters reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by Delightful Encounters immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Delightful Encounters. 13. TERMINATION OF SERVICE – You agree that Delightful Encounters, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Delightful Encounters believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Delightful Encounters shall not be liable to you or any third party for any termination of your access to the Service. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU. 14. PROPRIETARY RIGHTS – The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Delightful Encounters. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Delightful Encounters, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Delightful Encounters does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Delightful Encounters an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Delightful Encounters all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. 15. DISCLAIMER OF WARRANTIES – YOU AGREE THAT USE OF THE DELIGHTFUL ENCOUNTERS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DELIGHTFUL ENCOUNTERS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, DELIGHTFUL ENCOUNTERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DELIGHTFUL ENCOUNTERS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DELIGHTFUL ENCOUNTERS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DELIGHTFUL ENCOUNTERS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DELIGHTFUL ENCOUNTERS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DELIGHTFUL ENCOUNTERS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 16. LIMITATIONS OF LIABILITY – UNDER NO CIRCUMSTANCES SHALL DELIGHTFUL ENCOUNTERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DELIGHTFUL ENCOUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE, FROM INABILITY TO USE THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE OR ANY LINKS ON THE DELIGHTFUL ENCOUNTERS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DELIGHTFUL ENCOUNTERS SITE OR THE SERVICE OR ANY LINKS ON THE DELIGHTFUL ENCOUNTERS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 17. INDEMNITY – You agree to indemnify and hold Delightful Encounters, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. 18. GENERAL INFORMATION – The TOU constitute the entire agreement between you and Delightful Encounters and govern your use of the Service, superseding any prior agreements between you and Delightful Encounters. The TOU and the relationship between you and Delightful Encounters shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Delightful Encounters agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Delightful Encounters to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. 19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES – Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: abuse@delightfulencounters.net Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Delightful Encounters to pursue legal action to enforce these Terms, you will be liable to pay Delightful Encounters the following amounts as liquidated damages, which you accept as reasonable estimates of Delightful Encounterss' damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Delightful Encounters one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures; b. If Delightful Encounters establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Delightful Encounters one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Delightful Encounters in excess of such limits, whichever is higher; c. If you send unsolicited email advertisements to Delightful Encounters email addresses or through Delightful Encounters computer systems, you agree to pay Delightful Encounters twenty five dollars ($25) for each such email; d. If you post Content in violation of the TOU, other than as described above, you agree to pay Delightful Encounters one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Delightful Encounters may elect to issue a warning before assessing damages; e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Delightful Encounters one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Delightful Encounters an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU; f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Delightful Encounters's express written permission, you agree to pay Delightful Encounters three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Delightful Encounters's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Delightful Encounters retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. 20. FEEDBACK – We welcome your questions and comments on this document in the Delightful Encounters website: http://www.delightfulencounters.netor email Delightful Encounters at contact@delightfulencounters.net. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States. Date of Last Revision: October 27, 2010. 21. Statement of Rights and Responsibilities – This Statement of Rights and Responsibilities ("Statement") derives from the Delightful Encounters Principles, and governs our relationship with users and others who interact with Delightful Encounters. By using or accessing Delightful Encounters, you agree to this Statement. 22. PRIVACY – Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Delightful Encounters to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. A. Sharing Your Content and Information. You own all of the content and information you post on Delightful Encounters, and you can control how it is shared through your privacy and application settings. In addition: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Delightful Encounters ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and About Platform page.) When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Delightful Encounters, to access and use that information, and to associate it with you (i.e., your name and profile picture).We always appreciate your feedback or other suggestions about Delightful Encounters, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). Safety We do our best to keep Delightful Encounters safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: You will not send or otherwise post unauthorized commercial communications (such as spam) on Delightful Encounters. You will not collect users' content or information, or otherwise access Delightful Encounters, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Delightful Encounters. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Delightful Encounters without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. You will not use Delightful Encounters to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working of Delightful Encounters, such as a denial of service attack. You will not facilitate or encourage any violations of this Statement. Registration and Account Security Delightful Encounters users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Delightful Encounters, or create an account for anyone other than yourself without permission. You will not create more than one personal profile. If we disable your account, you will not create another one without our permission. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).You will not use Delightful Encounters if you are under 18.You will not use Delightful Encounters if you are a convicted sex offender. You will keep your contact information accurate and up-to-date. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). B. Protecting Other People's Rights. We respect other people's rights, and expect you to do the same. You will not post content or take any action on Delightful Encounters that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Delightful Encounters if we believe that it violates this Statement. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks (including Delightful Encounters, the Delightful Encounters, IB, and or any confusingly similar marks, without our written permission. If you collect information from users, you will: obtain their consent, make it clear you (and not Delightful Encounters) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on Delightful Encounters. You will not tag users or send email invitations to non-users without their consent. Mobile We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Delightful Encounters within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Delightful Encounters, as well as your name and profile picture. C. Payments. If you make a payment on Delightful Encounters or use Delightful Encounters Bucks, you agree to our Payments Terms. Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website, the following additional terms apply to you: You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Developer Principles and Policies and our Advertising Guidelines. Your access to and use of data you receive from Delightful Encounters, will be limited as follows: You will only request data you need to operate your application. You will have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in the Developer Application. You will not use, display, share, or transfer a user’s data in a manner inconsistent with your privacy policy. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request. You will not include data you receive from us concerning a user in any advertising creative. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations. We can limit your access to data. You will comply with all other restrictions contained in our Developer Principles and Policies. You will not give us information that you independently collect from a user or a user's content without that user's consent. You will make it easy for users to remove or disconnect from your application. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights. You will provide customer support for your application. You will not show third-party ads or web search boxes on Delightful Encounters. We give you all rights necessary to use the code, APIs, data, and tools you receive from us. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone. You will not misrepresent your relationship with Delightful Encounters to others. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Developer Principles and Policies. We can issue a press release describing our relationship with you. You will comply with all applicable laws. In particular you will (if applicable): have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act; comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Delightful Encounters. You represent that any disclosure to us will not be incidental to the ordinary course of your business. You give us all rights necessary to enable your application to work with Delightful Encounters, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories. You give us the right to link to or frame your application, and place content, including ads, around your application. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).To ensure your application is safe for users, we can audit it. We can create applications that offer similar features and services to, or otherwise compete with, your application. About Advertisements and Other Commercial Content Served or Enhanced by Delightful Encounters Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such. D. Special Provisions. Applicable to Advertisers You can target your specific audience by buying ads on Delightful Encounters or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"): When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms. Your ads will comply with our Advertising Guidelines. We will determine the size, placement, and positioning of your ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more here. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it. We can use your ads and related content and information for marketing or promotional purposes. You will not issue any press release or make public statements about your relationship with Delightful Encounters without written permission. We may reject or remove any ad for any reason. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation. Special Provisions Applicable to Pages If you create or administer a Page on Delightful Encounters, you agree to our Pages Terms. Amendments We can change this Statement if we provide you notice (by posting the change on the Delightful Encounters Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our Delightful Encounters Site Governance Page. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Delightful Encounters Site Governance Page. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered members and/or subscribers as of the date of the notice vote. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment. E. Termination. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Delightful Encounters to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate. F. Disputes. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Delightful Encounters exclusively in a state or federal court located in Marion County, Oregon. The laws of the State of Oregon will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Marion County, Oregon for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Delightful Encounters, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. WE TRY TO KEEP DELIGHTFUL ENCOUNTERS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK.WE ARE PROVIDING DELIGHTFUL ENCOUNTERS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WE DO NOT GUARANTEE THAT DELIGHTFUL ENCOUNTERS WILL BE SAFE OR SECURE.I CE BREAKERZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DELIGHTFUL ENCOUNTERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DELIGHTFUL ENCOUNTERS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.IN SUCH CASES, DELIGHTFUL ENCOUNTERS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Special Provisions Applicable to Users Outside the United States – We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Delightful Encounters (such as advertising or payments) or operate a Platform application or website. Definitions By "Delightful Encounters" we mean the features and services we make available, including through (a) our website at www.delightfulencounters.netand any other Delightful Encounters branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Delightful Encounters or provide data to us. By "information" we mean facts and other information about you, including actions you take. By "content" we mean anything you post on Delightful Encounters that would not be included in the definition of "information." By "data" we mean content and information that third parties can retrieve from Delightful Encounters or provide to Delightful Encounters through Platform. By "post" we mean post on Delightful Encounters or otherwise make available to us (such as by using an application).By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By "active registered user" we mean a user who has logged into Delightful Encounters at least once in the previous 30 days or has used any mobile device to contact other members and/or subscribers. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data. 10. Other. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Delightful Encounters, LLC. This Statement makes up the entire agreement between the parties regarding Delightful Encounters, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third-party beneficiary rights. You will comply with all applicable laws when using or accessing Delightful Encounters. Privacy Policy Delightful-Encounters has established this privacy policy to explain to you how your information is protected, collected and used, which may be updated by Delightful-Encounters from time to time. Delightful-Encounters will provide notice of materially significant changes to this privacy policy by posting notice on the Delightful-Encounters site. 1. Protecting your privacy * We don't share your information with third parties for marketing purposes. * We don't employ tracking devices for marketing purposes ("cookies", "web beacons," single-pixel gifs). * We don't send you unsolicited communications for marketing purposes. * Account information is password-protected. Keep your password safe. * Forums use basic webserver authentication. Close your browser to log out. * Delightful-Encounters does not knowingly collect any information from persons under the age of 18.If Delightful-Encounters learns that a posting is by a person under the age of 18, Delightful-Encounters will remove that post. * Delightful-Encounters, or people who post on Delightful-Encounters, may provide links to third-party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third-party websites, and encourage all users to read the privacy policies of each and every website visited. 2. Data we collect * We sometimes collect your email address, for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc. * We sometimes collect your phone number for account authentication purposes, and may transmit it to a third-party service for tele-robotic verification. * We sometimes collect your social security number for those members receiving referral fee payments. This information is gathered only for tax reporting purposes and not shared. * Delightful-Encounters does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology. * %We may collect personal information if you provide it in your membership application, feedback or comments, post it on our chat rooms or other interactive forums, or if you contact us directly. Please do not post any personal information on Delightful-Encounters forums or chat rooms that you expect to keep private. * Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Delightful-Encounters site, and to otherwise provide our service to you. 3. Data we store * All information on Delightful-Encounters is stored in our database, even after "deletion," and may be archived elsewhere. * Our web logs and other records are stored indefinitely. * Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security. 4. Archiving and Display of Delightful-Encounters Postings by Search Engines and Other Sites – Search engines and other sites not affiliated with Delightful-Encounters - including archive.org, google.com, and groups.yahoo.com - archive or otherwise make available Delightful-Encounters postings, including resumes. 5. Circumstances in Which Delightful-Encounters May Release Information * Delightful-Encounters may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Delightful-Encounters may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Delightful-Encounters, its users or the general public. 6. International Users – By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of Delightful-Encounters we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data. 7. Feedback – We welcome your feedback on this document. Please send your comments to CEO@delightfulencounters.net. REFUND POLICY Term. 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 sending delightfulencounters.net written notice of termination to delightfulencounters.net, P.O. Box 202, Gervais, OR 97026 or email notice of termination to CONTACT@ICE-BREAKERZ.COM. If you resign or cancel your membership and/or subscription via the delightfulencounters.net site, to help delightfulencounters.net analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. You may bypass this brief resignation survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or other similar button on the page. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period, no longer than 12 months, (that is, the subscription period through which you had paid prior to your termination). delightfulencounters.net 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 delightfulencounters.net. If delightfulencounters.net terminates your membership and/or subscription in the Service because you have breached this Agreement, you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of delightfulencounters.net. delightfulencounters.net is not required to provide you notice prior to terminating your membership and/or subscription. Delightful-Encounters.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership and/or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. |