Member Terms and Conditions
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. South Cali Singles and associated Alliances and Affiliates, herein South Cali Singles reserves the right to terminate your membership for any reason. South Cali Singles operates as a service for adults only, to become a member you must be at least 18 years old. Please do not attempt to register if you are under 18 years old.
By entering a check alongside the "Check Here To Accept and Agree to the Terms and Conditions Below", and pressing the "Submit Registration" button, you register as a Member and accept the terms and conditions described below applicable to your use of our service provided by South Cali Singles.
1. As an adult you are solely responsible for any information contained in your Profile and all of your communications with other NewDate Members (the "Members"). South Cali Singles does not, nor can it practically, monitor or control the use made of its Site by Members. Accordingly, you agree to accept sole responsibility for the legality of your actions under all applicable laws. Each other Member is also bound by this User Agreement and agrees to accept sole responsibility for the legality of his or her actions under their applicable laws. South Cali Singles accepts no responsibility for the legality of the actions of any of its Members.
2. You will not use our Site to post or transmit offensive materials including offensive language or sexually explicit materials (including photographs).
3. You will not harass others by continuing to attempt or communicate with someone who has clearly asked you to cease communication. You are responsible for ensuring that your behavior with other Members is lawful and complies with all applicable laws. To the extent that you do not (or another Member does not) comply with all applicable laws or any clause of this User Agreement, you release and discharge South Cali Singles from all rights, claims, actions, suits, proceedings and claims which, but for this clause, you may have had against South Cali Singles.
4. You must not include identifying information such as your real name, phone number, email address, ICQ, AOL, MSN or other contact numbers, address or any contact information in your Profile that can be viewed by the public. You cannot use any part of an e-mail address as or in your user name.
5. With respect to South Cali Singles:
(i) It reserves the right to suspend or terminate any Member who violates these terms and conditions, including, without limitation, where if a Member is suspected of having, or are found (by conviction or otherwise) to have, engaged in any fraudulent or other criminal activity in connection with our service, or at any other time, with or without cause in South Cali Singles’s absolute discretion. South Cali Singles will have no liability to you if it suspends or terminates your account for any reason. You waive all rights you may have had against South Cali Singles in respect of such conduct.
(ii) In the case of Profiles, South Cali Singles may hide the Profile if it is judged, in South Cali Singles’s absolute discretion, offensive until the offensive portion is amended. Without limiting any other remedies, South Cali Singles may remove all or part of a Profile posted to its Site:
(a) if South Cali Singles receives a direction, demand or request to do so from any government department or agency; or
(b) at any other time, with or without cause, in South Cali Singles absolute discretion - and South Cali Singles will have no liability to you if it removes all or part of a Profile for any reason, and you waive all rights you may have had against South Cali Singles in respect of such conduct.
(iii) It is not responsible for any information or material posted or transmitted via the service;
(iv) It has the right to amend the terms and conditions at any time by posting the amended terms on its Site. You (and all other Members) will be bound by the amended terms from that time and this User Agreement may not be otherwise amended;
(v) It is not responsible for ensuring that Members follow the terms and conditions notwithstanding these terms and conditions outline behavior that is unacceptable on the service; and
(vi) Under no circumstances is it liable to a Member for any incidental consequential, indirect or other damages arising out of the use of the South Cali Singles service. In addition, it disclaims all liability to the full extent permitted by law, regardless of the form of action, for the acts or omissions of other Members or users. Nevertheless, nothing in this User Agreement is intended to limit or exclude any liability on the part of South Cali Singles where and to the extent that applicable law prohibits such exclusion or limitation. If you do not notify South Cali Singles within 12 months of the relevant conduct in respect of which the rights, actions, suits, proceedings or claims have arisen, then, to the extent permitted by law, you agree that you release and discharge South Cali Singles from all rights, actions, suits, proceedings and claims which, but for this clause, you may have had against South Cali Singles.
6. South Cali Singles discloses to you that there are risks of dealing with Internet users based in other countries, underage persons or people acting under false pretense or with some other criminal purpose.
7. User authentication on the Internet is difficult. Accordingly, South Cali Singles cannot and does not confirm that each Member or user is who he or she claims to be. Therefore, you must be careful in dealing with other Members or users.
8. Because South Cali Singles does not and cannot be involved in Member to Member communications and activities, in the event that you have a conflict with a Member, to the extent permitted by law, you hereby release South Cali Singles (and our affiliates, agents, representatives and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such conflict.
9. You are solely responsible for the information provided by you for the Profile ("Your Information"), and South Cali Singles acts as a passive conduit for your online distribution and publication of Your Information. However, South Cali Singles may take any action with respect to Your Information that it deems necessary or appropriate in its sole discretion, for example, if South Cali Singles believes Your Information may create any liability for us, or if it may cause us to lose (in whole or in part) access to the services of our ISPs or other suppliers, South Cali Singles may alter or remove all or part of Your Information.
10. You must ensure that Your Information:
(i) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; or
(ii) is not obscene and does not contain pornography.
11. Miscellaneous:
(i) This User Agreement will be governed by and construed in accordance with the laws of the State of California, USA. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of California, USA;
(ii) The provisions of this Agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced;
(iii) The failure by South Cali Singles to act with respect to a breach by you of this User Agreement does not waive our right to act with respect to subsequent or similar breaches;
(iv) This User Agreement may not be construed adversely to us solely because South Cali Singles prepared it;
(v) This User Agreement sets out the entire understanding and agreement between South Cali Singles and you with respect to its subject matter. |