itTakes2 - Online Dating

This agreement was last updated on: September 1, 2007.

The following discloses the Terms and Conditions (herein referred to as the "Agreement") for the use of the website itTakes2 (herein referred to as the "Website", the "Service", "us", and "we") by you (herein referred to as "user", "member" or "you"). By using the Website in any way, you agree to be bound by these Terms of Use, whether or not you register as a member to the Service. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website or sent via electronic mail, as we may determine in our sole discretion. If you object to anything in this Agreement or in the Privacy Statement, do not use the Website or the Service. Your continued use of the Service will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Eligibility

You must be eighteen (18) years of age or over to register as a member of or be permitted use of the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

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 at any time, for any reason, by sending notice from the email address you provide in your application for membership.

Non-Commercial Use

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and are barred from using the Website for any purpose. Unauthorized and/or illegal use of the Website, including, but not limited to, collecting usernames and/or email addresses of members by electronic or any other means and unauthorized framing of or linking to the Website will be investigated and appropriate legal action will be taken, including, but not limited to, civil, criminal, and injunctive redress. Use of the Website is given with permission by the Website, and may be revoked at any time, for any reason, under the Website's sole discretion.

Right to use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Furthermore, we may refuse to grant you an ID or nickname that impersonates someone else, is protected by trademark or proprietary law, provides contact information or is vulgar or otherwise offensive, of for any other reason, as determined by us in our sole discretion.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Code of conduct

We reserve the right to investigate and/or terminate any person's membership if they have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of these actions with respect to the Service with which the users of the Website must fully abide by:

• You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
• You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language.
• You will not forward chain letters through the Service.
• You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
• You will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
• You will not post, email or otherwise transmit any material that contains software viruses, Trojan Horses, or any other computer code, files or programs whose design may be to, but is not limited to, interrupting, destroying or otherwise limiting the functionality of any computer software or hardware or telecommunications equipment, whether it be owned by the Service, its members, or anyone else.
• You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
• You must use the Service in a manner consistent with any and all applicable laws and regulations.
• You will not impersonate any person or entity.
• You will not "stalk" or otherwise harass any person.
• You will not express or imply that any statements you make are endorsed by the Website without our specific prior written consent.
• 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.
• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
• You will not "frame" or "mirror" any part of the Service or the Website, without the Website's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Website in order to direct any person to any other website for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Service or cause others to do so.
• You will only create one unique profile with the Service.
• You may not use the Service for any unlawful purpose.

Fees and Payments

Guests of our site are required to set up a "Profile" in order to utilize our site's services. To activate additional certain features of the service, Guests may purchase a monthly membership and may pay via credit card or certified check. The payments must be made in accordance with our pricing policy for Memberships, as posted on our website. All quoted prices will be in the currency that is clearly indicated on the same page. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge for our service at our sole discretion. Once we have confirmed receipt of your payment, we will credit your account with the number of months purchased. All Payments made with Certified Check must be in USD or Euros. If we receive payment in any other currency, we will NOT responsible for returning it to the member. If we receive a payment with the incorrect amount, a pro-rated number of credits, based on the funds received, will be applied to the member's account at our sole discretion, and the member will be notified. If the member is not satisfied with our decision, we will NOT be responsible for returning the payment sent.

You can confirm the expiry date of your account at any time by logging on to your account, selecting [Account Settings], and then [Your Membership]. If your usage of the Service is terminated because of a breach of this Agreement, you will not be entitled to any refund of unused subscription fees and you will no longer be permitted to use the Service. If your usage of the Service is terminated for any other reason, you will not be entitled to any refund of unused subscription fees, however any unused time will be left on hold until you wish to you reuse your account, provided the Service deems it acceptable to reinstate your account. The Service's decision regarding the acceptability of reinstating an account is entirely at the Service's discretion.

Accounts may not be transferred from one client of the Service to another client. You agree to pay or have paid all fees and charges incurred in connection with the Service at the rates in effect when the charges were incurred. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting the new fees and changes on the Website. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including, but not limited to, telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR BANK ACCOUNT.

The first payment made to start your [Premium] or [Gold] membership is final and is non-refundable if you decide to cancel your membership before your expiry date. You may also choose to have your account temporarily suspended; where the remaining membership time will be saved until you decide to reactivate your account. TO PREVENT DISRUPTION OF YOUR SERVICE ALL MEMBERSHIP PLANS ARE RENEWED AUTOMATICALLY, THEREFORE AFTER YOUR INITIAL PAID MEMBERSHIP EXPIRES YOUR CREDIT CARD WILL BE REBILLED WITH YOUR ORIGINAL RATE. If you fail to cancel your recurring billing at least 24 hours prior to your recurring billing date, a refund will not issued; however, we will cancel your recurring billing so that you will not be billed again in the future. No refunds are issued to members who use our service after they have been rebilled. Some exceptions may apply.

Privacy and Use of Information

By using the Service, you acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

By becoming a member of the Website, you automatically become a member of the Website's network of relationship websites. We assume no liability for any use of the profile description and photo(s) which you submit through our network.

For further information see our Privacy Statement.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by anyone using your password and should not willingly divulge your password to anyone.

Brand Marketing

You allow the Website and its partners to use your profile description and/or photo(s) in the promotion and advertising of its brand with the exclusion of your personal information, such as your email address or full name.

Monitoring of Information

We reserve the right, but are under no obligation, to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines that may be applicable from time to time. The Service shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Service, you remain solely responsible for the the content of the materials you post on anywhere on the Website. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Service to the extent permitted by applicable law.

Removal of Information

While we do not and cannot review every message or other material posted sent by users of the Service, we are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including, without limitation, profiles, public postings and messages, that we, in our sole discretion, have deemed to violate the Code of Conduct (section 6) or any applicable content guidelines, or deemed to be otherwise unacceptable in any way. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, and any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any of the Website's related products and services. The electronic emails may take the form of, but not restricted to, Newsletters which members may elect to unsubscribe from on the [Account Settings] page. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of each of the External Links prior to using them.

Proprietary Information

The Service contains information which is proprietary. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received expressed written permission of the owner of such information and us.

Member Disputes

You are solely responsible for your interactions with other Members. The Website reserves the right, but has no obligation, to monitor disputes between you and other Members.

No Warranties

The Service is provided on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions or other unforseen issues in the availability or functionality of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk and that the Website makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion; member profile, advice, statement or information shall be at your sole risk. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Indemnity

You agree to indemnify and hold the Service, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event will the Service be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profits arising from your use of the Website or the Service, even if the Service has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Service’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website for the Service during the term of membership.

Violations

If you witness any violations of this agreement by any user or third-party, report them immediately to our Customer Care group.

Governing Law

This Agreement is entered into in Quebec, Canada. You agree that the laws of Quebec, Canada will govern it and any disputes arising out of this Agreement will be subject to the courts of Quebec, Canada. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF Quebec, Canada.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. We have the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of us, if the Service's obligations are assumed by a third party, we shall be relieved of any and all liability under this Agreement.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Further, you agree that all terminations for cause shall be made in the Website's sole discretion and that the Website shall not be liable to you or any third-party for any termination of your account or access to the Service.