Terms of Service

Terms of Service

Welcome to DateName.com (the "Service"), of Media Fill LLC / Palladium, Inc (the "Proprietor"). Your use of the Service is subject to these Terms of Service ("TOS"). The Proprietor reserves the right to update and change the TOS from time to time without notice or acceptance by you.

1. Introduction. This agreement ("Agreement") between You and the Proprietor consists of these Terms of Service. "You" means any person or entity who uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Terms of Service.

2. Privacy Policy. Privacy Policy for http://www.DateName.com

3. User Conduct and Content. You understand that all information, data, text, comments, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Proprietor are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.

You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; harm minors in any way;

e. upload, post, email, transmit or otherwise make available 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;

f. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

g. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

h. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

i. collect or store personal data about other users. You acknowledge that the Proprietor may or may not pre-screen Content, but that the Proprietor and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Proprietor and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Proprietor or submitted to the Service, including without limitation information in comments, and in all other parts of the Service.

4. Disclosure of Content and Personal Information. You acknowledge, consent and agree that the Proprietor may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Proprietor, the users of the Service and the public.

5. No Control over Content. The Proprietor does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Proprietor be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

6. Information Rights. The Proprietor does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, including without limitation comments you post to the Service, you grant the Proprietor world-wide, perpetual, irrevocable, royalty free, non-exclusive, fully sub-licensable license(s) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7. Indemnity. You agree to indemnify and hold the Proprietor, 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.

8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROPRIETOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. THE PROPRIETOR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROPRIETOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROPRIETOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

10. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 9 MAY NOT APPLY TO YOU.

11. Modifications to Service. The Proprietor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Proprietor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Miscellaneous. This Agreement shall be governed by the laws of California except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Contra Costa County, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to the Proprietor Notwithstanding the foregoing, the Proprietor may assign this Agreement at any time without notice. The section titles in the TOS are for convenience only and have no legal or contractual effect.

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DateName.com Membership Agreement

This document comprises the Membership Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, the member, and this site, hereinafter referred to as the "Site", and the owners and operators of this Site. 　 As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.　 Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein.　 Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.

You agree to follow any and all membership rules and guidelines that we post on our site. All membership rules and guidelines are incorporated by reference into this Agreement as if fully set forth herein.

Intellectual Property Provisions

All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.　 No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.　 The content of this Site may not be "framed" or "mirrored".　 All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality

All content, tools, functions and services provided via this Site are provided on an "as is" basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement.　 Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you.　 No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site.　 It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.

Limited License for Personal Use

You are allowed to make one copy of the content of this Site by downloading such material to your personal computer.　 You may not reproduce any content provided by this Site.　 Your license to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last known email address or by posting of a general notice on this Site to all users.　 Your license terminated automatically upon your breach of any term or condition provided herein this Agreement.　 You may never use any of the content of this Site for a commercial enterprise or resell any content provided to you within this Site.

Termination of Service

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit.　 We also reserve the right to discontinue any service or modify any service with no notice to you.　 If we terminate services to you, we will deactivate your account.　 We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.　 No refunds will be granted to you if we terminate your account.　 You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Prohibited Content and Conduct

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful, or offensive content and files.　 We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

You may not:

Engage in any conduct that is harmful to this Site.Violate the civil rights of any third party or entity. Violate any law of any nature.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this site.　 You may not engage in denial of service attacks upon the servers that publish this Site.　 You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.　 Please carefully review the terms of service and privacy policies of all such sites prior to usage.　 You assume the risk of any usage of such third party sites.

Submissions

All submissions (but not personal information) become the property of this Site.　 All submissions are non-confidential in nature.　 We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication.　 You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations.　 You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.　 You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.

Jurisdiction

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California excluding that body of laws known as choice of law or conflict of laws.　 Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in San Francisco, California before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement.　 The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules.　 The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals.　 If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules.　 The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law.　 Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof.　 If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.　 The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees.　 All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.　 The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.　 Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.　 Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

Foreign Usage

We make no representation that the usage of this Site, or the content provided herein, will not violate the laws of your local jurisdiction.　 You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA).　 Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.

General Information

This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

We may post user guidelines or rules on our site.　 If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

Changes to this Agreement

We may change this Agreement at any time without notice to you. Please read it each time you visit our site or use any of our tools and services.　 Your usage of this site and any tool or service that we provide via this site is your express agreement that you accept the terms and conditions of the latest version of this Agreement.