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Membership Agreement
The Contracting Parties
This is a legal agreement ("Agreement") between you and 74Heaven
Limited ("74Heaven"). Please read the Agreement carefully before
registering for the 74Heaven service. By registering for 74Heaven.com, you become
a member of the Service (a "Member"), and you agree to be bound
by the terms and conditions of this Agreement (the "Terms")
for as long as you continue to be a Member.
Agreement Compliance
The terms of this agreement are subject to change by 74Heaven at any
time, and become effective the moment that notification is sent to you.
Registration is explicit acceptance of the terms herein. If you do not
agree to accept and abide by the terms of this agreement, please do not
register with 74Heaven.com.
Age 18 and Over Only
The services provided on this website are for persons age 18 and over.
These services provide a way for adults to meet each other over the Internet.
Minors may not become members. 74Heaven reserves the right to request at any
time that you provide sufficient information to indicate that you are
at least 18 years old. By becoming a Member, you represent and warrant
that you are at least 18 years old.
Payment
All sales are final - a FREE seven day trial has been provided. There
are no refunds. Renewal of your membership is your responsibility. For
simplicity, memberships operate on a 30 day month basis, except one year,
which is 365 days.
Termination
Either you or 74Heaven may terminate your membership at any time, for any
reason, after your initial membership period, effective upon sending written
notice by email or letter to the other party. NOTE: your membership fee
will continue to the end of the period you signed up for, prior to your
cancellation notice. Partial refunds of a membership period will NOT be
given. 74Heaven reserves the right to immediately suspend or terminate your
access to the 74Heaven.com service, without any prior notice, upon any breach
of this Agreement which is brought to 74Heaven's attention.
Personal Use Only
Your membership on the 74Heaven 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. You
may not sub-lease or contact 74Heaven services without express written permission
from 74Heaven.
Responsibility for Content
You are solely responsible for the content or information you publish
or display (hereinafter, "post") on the 74Heaven service, or transmit
to other 74Heaven Members. You will not post on 74Heaven service, or transmit
to other 74Heaven Members or Employees, any defamatory, inaccurate, abusive,
obscene, profane, 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 use the 74Heaven service
in a manner consistent with any and all applicable laws and regulations.
You will not include in your profile any email addresses, ICQ numbers
or other Chat numbers, telephone numbers, street addresses, last names,
offensive anatomical or sexual references, or offensive sexually suggestive
or connotative language, and you will not post any photos containing nudity
or personal information. 74Heaven reserves the right, but has no obligation,
to reject any profile, photo or information transmitted via the 74Heaven service
that does not comply with these prohibitions. You will not include any
email addresses, ICQ or AOL membership numbers, or other Chat numbers
in your messages (including Instant Messages) to other 74Heaven members,
unless you are a paying member of 74Heaven.
Solicitation
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 E-mail to other 74Heaven Members.
Intellectual Property & Copyright
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.
Disputes
You are solely responsible for your interactions with other 74Heaven
Members. 74Heaven reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Indemnity
You will defend, indemnify, and hold harmless 74Heaven, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of your use of 74Heaven service, including
any breach by you of the terms of this Agreement. Opinions, advice, statements,
offers, or other information or content made available through the 74Heaven
service are those of their respective authors and not of 74Heaven
, and should not necessarily be relied upon. Such authors are solely
responsible for such content. 74Heaven does not guarantee or warantee the
accuracy, completeness or usefulness of any information on this website
or associated communications of any kind. 74Heaven neither adopts nor endorses
nor is responsible for the accuracy or relaibility of any opinon, advice,
or statement made. Under no circumstances will 74Heaven be responsible for
any loss or damage resulting from anyone's reliance of the information
or other content popsted on this website or transmitted to 74Heaven Members.
It is possible that other 74Heaven Members or users (including unauthorized
users, or "hackers") may post or transmit offensive or obscene
materials on 74Heaven service and that you may be involuntarily exposed
to such offensive and obscene materials. It also is 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.
74Heaven is not to be held responsible for the use of any personal information
that you may choose to disclose on the this website or to other Members
by any form whatsoever. Please carefully select the type of information
that you post on the 74Heaven website or release to others. 74Heaven reserves
the right, but has no obligation, to monitor the materials posted in or
via the 74Heaven website. 74Heaven shall have the right to remove any such mater
that it deems to be in violation of the law or this agreement. Notwithstanding
this right of 74Heaven, you remain solely responsible for the content of the
materials you post on this website and or disclose to 74Heaven and its Members
in any form or by any means of communication.
Proprietary Rights
74Heaven owns and retains other proprietary rights in the 74Heaven service.
The 74Heaven website and services may contain the copyrighted material, trademarks,
and other proprietary information of 74Heaven and its licensors. Except for
that information which is in the public domain or for which a that Member
has been given permission, no Member may copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of the 74Heaven website,
you automatically grant, and you represent and warrant that you have the
right to grant, to 74Heaven and other 74Heaven Members an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy,
perform, display and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
Information Supplied
by a Member
74Heaven will keep confidential all information supplied by you to
74Heaven, including credit card number(s), and shall use or disclose such
information only for the purposes for which such information was collected,
or as required by law.
Complaints
To resolve a complaint regarding 74Heaven services, you should first
contact a member of the 74Heaven staff at staff@74heaven.co.nz.
Disclaimer of Warranty
74Heaven provides all services and aspects thereof on an "as is"
basis and grants no warranties of any kind, expressed, implied or statutory.
Limitation of Liability
In no event will 74Heaven be liable (i) to you for any incidental, conssequential
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 74Heaven
serices, even if 74Heaven or its agents or representatives know or have been
advised of the possibility of such damages or (ii) to an person other
than you. Notwithstanding anything to the contrary contained herein, the
liability of 74Heaven 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 74Heaven for 74Heaven services during the term of your 74Heaven Membership.
In addition, 74Heaven disclaims all liability, regardless of the form of action
for the acts or omissions of other Members or users (including unauthorised
users, or "Hackers") of the 74Heaven service(s).
General Provisions
This Agreement is entered into in Auckland New Zealand. You agree
that New Zealand law (regardless of conflicts of law principles) shall
govern this Agreement, and that any dispute arising out of or relating
to this Agreement shall be subject to the courts in Auckland, New Zealand.
This Agreement, accepted upon registering for 74Heaven services, contains
the entire agreement between you and 74Heaven regarding the use of
the Service. This Agreement may only be amended upon notice by 74Heaven to
you, or by a written notification signed by you and an authorized official
of 74Heaven. Unless otherwise explicitly stated, the Terms will survive termination
of your membership to the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full
force and effect.
Privacy Statement
74Heaven is committed to creating a safe and secure online
environment where members can connect comfortably and anonymously with
other members. 74Heaven collects personal information from our members
in order to provide accurate and convenient billing, appropriate matching,
and responsive customer service. We will not share your personal information
with anyone outside of our corporation.
Information Collected at this Web Site
Our web server automatically collects some information about you
when you request pages from our server, including the IP address of your
computer. Your IP address is a number that is used by computers on the
network to identify your computer so that data (such as the web pages
you request) can be sent to you. Our computer uses IP addresses to gather
broad demographic information about users in a particular area. This information
does not, however, contain anything that can identify you personally,
only the computer that you use.
Contacting the Web Site
If you have any questions about this agreement or the operation
of this website and associated services, please contact :
74Heaven
PO Box 49
Albany Village
Auckland
New Zealand.
staff@74heaven.co.nz
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