Terms and Conditions of Service
This online personals service, MelindasPenpals.Com, is a way for adults to chat (the "Service"). The Service is provided by the owner of this web domain.
This legal agreement is made between You and Us ("Agreement"). Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;
"We, Us, Our" means the Service; and
"You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although You may register as a Member of the Service for free, if You wish to use the Service to initiate most communication with other members including contact information, you must become a subscriber and pay the fees that are set out. This price list is incorporated by reference as part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.
PROFILE SHARING AND DISTRIBUTION:
To expand the availability of site profiles, user profiles may be viewable on sister-sites or affiliate sites within the company Network within the same general niche. Affiliate websites and sister-sistes are sites that have different domain names, and all link to the same user profiles. Affiliate web site domains may be owned by other entities. All affiliate sites and sister-sistes are operated by the Us. The domain names of affiliate sites may be owned by third parties, and link to Us or be directed to Us to provide the web site. Third parties only have the ownership of the domain names, and do not have any access to operate the affiliate sites or view user data. By posting or maintaining a profile on this site or any related affiliate site, you agree and consent that your profile may be viewable on other sites and affiliates, at the discretion of Us, without further notice.
CONFIDENTIALITY OF PERSONAL INFORMATION: We do not currently sell, rent, or give away your email address, your photos, or any other personal information you include in your profile.
TERM AND TERMINATION: This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Services page of the Service, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. If we determine that you have violated the terms of this agreement, we may also suspend or terminate the account without notification. Upon any termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement, You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any subscription payments the We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted in Your profile including Your photograph are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to Us, with full title guarantee, all copyright in Your profile and your photographs posted, at any time, in connection with Your use of the Service, unless you specifically write to us requesting to waive this provision.
IMAGES AND TEXT: You represent and warrant to Us that your profile pictures and text are not subject to copyright of any other individual or entity and that you have the right to use them. If the images are not of you or by you, or text by other authors is included, we ordinarily do not allow them to be used as part of your profile and will remove any images which are not of you. If you would like to post a photo that is not of you, you must first write to us and ask us about the suitability for the site and explain its copyright status. We regret that ordinarily we do not grant exceptions and as such our rules that photos must be of you are applied uniformly for all members except under extraordinary circumstances.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information in the Confidential Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members. You will not transmit personal contact information through the system in any manner not consistent with the laws of the US. Philippines, and any other jurisdiction. You will not in any case use a free or upgraded account for advertising or publicity of any kind without prior explicit permission.
(2) You are solely responsible for the content or information 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 or to Us or Our employees, 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 include in Your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal contact information, nor deliberately inaccurate information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are designed to make your online personals experience enjoyable. By becoming a member, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, Your Match emails, emails informing you about events and parties We organize, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please change your preferences in the Edit My Settings section of your profile.
(4) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months).
(5) Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the phone or communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.
(6) We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material 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.
(i) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
(m)You will not directly or indirectly solicit money or gifts from any other member, or advertise services.
(n)You will not send money or expensive gifts to people you meet on the site who you have not yet met in person.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC OR PRIVATE AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT POSSIBLE, UNDERSTANDING THAT IN ORDER FOR US TO INVESTIGATE VIOLATIONS OF THESE TERMS OF SERVICE SUCH INTERNAL MAILS WILL BE PART OF THE INVESTIGATION BY US.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
SUBSCRIPTION FEES: If you wish to make use of the optional levels of service we offer, including but not limited to our Silver plan and above, you accept that some of these plans are based on a subscription fee that is charged on a monthly or annual basis to your credit or debit card on file after your initial subscription commitment period. If you wish to cancel your account before your renewal date, or to set it back to free, or to turn off this convenient auto-renewal feature, you can cancel conveniently through our online interface, or you may call us at 800 578 1469 to help you with this. If you inadvertently continue your subscription but do not login to the site or make any use of the site, we at our sole discretion may provide up to two months of complimentary upgraded membership time, or at our sole discretion, may refund a maximum of up to one month of subscription fees. However, if you make any use of the site including logging on or using any of the site features, then we can and will not refund any subscription fee. You acknowledge and understand that because of our expenses in maintaining the service, and in order to maintain inexpensive subscription rates for all of our members, we are unable under any circumstances to refund more than one month of subscription payments, even if you have inadvertently elected a subscription service and/or not used your subscription service. Cancellation of your membership does not qualify you for refund in whole or in part of any upgrade fee that has been paid. If you have upgraded to a subscription level (all of our upgraded levels are subscription levels) it is your responsibility and not ours to cancel your subscription on our site prior to another payment being made. There is no 3-day refund or partial refund grace period permitted during your initial or subsequent membership periods if you make any use of any site features including but not limited to logging in, sending messages, receiving messages, sending winks, receiving winks, sending chats, or receiving chats.
SITE CREDITS: You may at some times have the option to purchase or earn site credits. These credits can be used inside the site to access additional features. The credits are not designed to allow the exchange of contact details. Messages unlocked using site credits are not permitted to contain contact details. Any member seeking to exchange contact details is better suited to pay for a full upgrade rather than using site credits. The purpose of site credits is to have a way to enjoy the company of other members and get to know other members safely inside our site, without the need for a full upgraded subscription. Purchased site credits are ordinarily nonrefundable. They are at times transferable to other members via a web interface at our option, but this functionality may be removed or disabled by us at any time. Site credits may in the future be disabled from the site, and if you have any credits remaining at that time you may request that we process a refund for the remaining portion, to the extent of those credits that were purchased. Messages unlocked with site credits are carefully monitored for fraud, conformity with the terms of service, and for the protection of all our members. Site credits have no cash value once earned, purchased, or transfered.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY COMPREHENSIVE LEGAL WAY. WE CANNOT ESTABLISH AND DO NOT ATTEMPT TO ESTABLISH WHETHER THE MEMBERS ARE ACTUALLY REAL AND/OR WHO THEY CLAIM TO BE, ALTHOUGH IT IS A REQUIREMENT OF MEMBERSHIP THAT MEMBERS ARE NOT PERMITTED TO POST FAKE PERSONAL DETAILS. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE ONLINE OR OFFLINE. SUCH DAMAGES THAT WE ARE NOT LIABLE FOR INCLUDE ALL DAMAGES, INCLUDING WITHOUT LIMITATION ANY PROPERTY LOSS, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
THIS SITE IS NOT A MARRIAGE BROKER, AND THE BUSINESS OWNING THE SITE IS NOT A MARRIAGE BROKER. IF YOU DESIRE THE SERVICES OF A MARRIAGE BROKER, BE AWARE THAT WE DO NOT PROVIDE THOSE SERVICES.
WE DO NOT MAKE INTRODUCTIONS OR PROVIDE MAIL ORDER BRIDE SERVICES OR MATCH PERSONS FOR MARRIAGE OR RELATIONSHIPS. WE ARE A SOCIAL SITE AND DO PROVIDE ONLINE PROFILES THAT ALLOW NEW FRIENDS TO MEET. WE ALSO BELIEVE IN MARRIAGE BUT IF YOU ARE INTERESTED IN MARRIAGE OR RELATIONSHIPS, THAT IS UP TO YOU AND NOT SOMETHING WE OFFER YOU. WE OFFER A WAY TO BUILD FRIENDSHIPS. WE BELIEVE THAT GOD DOES NOT DISCRIMINATE BASED ON SKIN COLOR OR NATIONALITY, AND NEITHER DO WE. OUR SERVICES AT BOTH THE FREE AND PAID LEVEL ALLOW YOU TO COMMUNICATE WITH OTHERS VIA OUR SITE, BUT ANY CONNECTIONS YOU FORM WITH OTHERS USING THESE SERVICES ARE COMPLETELY OF YOUR OWN ACTION AND NOT WHAT YOU ARE PAYING FOR. YOU PAY FOR OUR STAFF TO MONITOR AND REMOVE SCAMMERS, PROVIDE RESEARCH ARTICLES, RECEIVE THE BENEFITS OF OUR MEMBERSHIP DISCOUNT PROGRAM, AND HIGHER LEVEL SITE FEATURES INCLUDING BUT NOT LIMITED TO ACCESS TO FORUM, ADVICE ARTICLES, AND ACCESS TO VISITOR LISTS. YOU ARE FULLY RESPONSIBLE FOR ANY FRIENDSHIPS OR RELATIONSHIPS YOU BEGIN WHETHER WITH PEOPLE ON OUR SITE OR NOT ON OUR SITE, WHETHER USING OUR SITE FEATURES OR NOT, WHETHER AFTER CONSULTATION WITH OUR ADVICE ARTICLES OR STAFF, OR NOT.
YOU SHOULD BE AWARE THAT THE PHILIPPINES AND THE UNITED STATES AND OTHER COUNTRIES HAVE LAWS WHICH INVOLVE ONLINE AND OFFLINE SOCIAL SITES AND SERVICES INCLUDING THOSE RELATED TO SITES USED BY MEMBERS TO MEET PEOPLE FOR VARIOUS PURPOSES. YOU SHOULD BE AWARE THAT THESE INCLUDE RA 6955 (1990) IN THE PHILIPPINES AND IMBRA (SUBTITLE D OF TITLE VIII SECTION 831-834 OF US PUBLIC LAW 109-162). WE BELIEVE THAT BASED ON THE CRITERIA ESTABLISHED IN THESE LAWS, THAT THESE LAWS DO NOT APPLY TO OUR SERVICES. IF YOU SEEK ANYTHING GOVERNED BY THESE LAWS, YOU ARE NOT PERMITTED TO DO SO VIA OUR SERVICES OR SITE OR USE OUR SITE OR SERVICES IN ANY WAY, SHAPE OR FORM.
COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: contact us. If you pay for our service and subsequently have any dispute regarding the charge or service, you are welcome and required to contact us directly first before disputing the charge. If you dispute the charge with your bank without a 3-day process to talk to us about the charge, we nevertheless have records of the IP addresses you used and your complete history of your use of the site which will be provided in full both to the bank and credit collection agencies. In the event you dispute a legitimate charge without contacting our customer service first to resolve it, you will be billed four times the chargeback amount (typically $35 x 4 = $140) plus reasonable attorney fees, collection fees, and double the original charge. This will be sent to a collection agency if unpaid. The typical cost for USA collection can be more than $2,000 and for international $3,500.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Hawaii. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
AFFILIATES: We invite any affiliates to assist us in spreading the message about our site. We have a generous reward program to compensate affiliates that help us. We do pay referral commissions to these affiliates. Affiliates are welcome to advertise the site in any legal and moral way, but are not allowed to utilize click campaigns in which they compete with our own click campaigns or utilize our direct name as the keyword text; if there is any question about the legality or morality of our affiliates or these restrictions, please contact us. To sign up for the affiliate program, please click "Our Affiliate Program" at the bottom of the page.
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