THE FOLLOWING DESCRIBES THE TERMS AND CONIDITOINS ON WHICH 1SINGLE MEDIA INC. OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
We reserve the right to make changes to these Terms at any time. Your continued use of our Service constitutes your acceptance of these changes. Moreover, you should review these Terms, periodically, for such changes.
1. Right to Use
Your right to use the Service is subjected to any limitation, conditions and restrictions established by us from time to time, 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 aspect of the Service or restrict your access to parts or all of the Service without notice or liability. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
2. Minors May Not Use Service.
You must be at least 18 years old to use our Service.
3. Code of Conduct
In your use of the Service, you agree to conduct yourself civilly and respectfully with other users.
These interactions include, but not limited to: site messages, instant messages, journal posting and forum comments. While using the Service, you agree that you shall not under any circumstance harass or make mischief against any other user of the Service. 1Single Media Inc. Reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and when it has occurred; and may, its sole discretion, partially or completely deny service to any infringing party.
By way of example and not limitation:
(a) you will not violate any applicable law or regulation;
(b) you will not post or otherwise distribute 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 no limited to any copyright or trademark law, privacy or other personal or proprietary rights, including other intellectual property rights or is fraudulent, misleading or otherwise unlawful or violates any law;
(c) you will not use information obtained through our Services for any unauthorized purpose;
(d) 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;
(e) you will not interfere with or damage our Services, including, without limitation, through the use of viruses, easter eggs, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or do anything else that might cause harm to the Service;
(f) you will not use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(g) you will not use our Services in connection with forwarding chain letters nor the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
(h) you will not “stalk”, harass or commit offensive behaviour, including but not limited to the posting of communications, pictures, videos, or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
(i) you will not collect or store any information about any other user other than for purposes of the permitted use of our Services;
(j) you will not use our Services for any commercial purpose whatsoever;
(k) you will not register for more than one user account or register for a user account on behalf of an individual other than yourself;
(l) you will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(m) you will not attempt to defeat any security or verification measure relating to use of the Services; or
(n) you will not assist any third party in doing any of the foregoing.
4. Representations and Warranties.
You hereby represent and warrant to us that:
(a) you have the full power and authority to enter into and perform under these Terms;
(b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
(c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and
(d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
5. Your Content for Advertising
You grant Us a license. By submitting any content (including without limitation, your images*, text*, or recordings*) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media known or hereinafter created for the purpose of marketing of the Service.
*Excludes any pictures, text, or recording found in your 'private settings/” Excludes your personal information, such as your email address or full name.
6. Content Restrictions
You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
(a) is defamatory;
(b) contains nudity or sexually explicit content;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
(d) exploits images or the likeness of individuals under 18 years of age;
(e) depicts use of illicit drugs;
(f) makes use of offensive language or images;
(g) characterizes violence as acceptable, glamorous or desirable;
(h) provides a link to any commercial websites; or
7. No Obligation to Post Content
We have no obligation to post any content from you or anyone else.
8. Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we may, in our sole discretion, but are not obligated, to edit, remove or delete any content that your post of submit, in our sole discretion deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable.
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Services are designed to allow users to post photographs and information about themselves for public view. By submitting your photograph and/or any other personal information, you waive any privacy expectations you have with respect to personal information. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Services. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.
Furthermore, 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 post on the Service or provide to them and you should use caution in selecting the personal information you post or 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.
10. User Responsibility
You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.
You may not use the Service for any unlawful purpose.
User verification on the Internet is difficult and hence, we cannot and do not confirm each user’s purported identity. You are therefore responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to take the same precautions you would normally take when meeting a stranger in person for the first time.
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Release. In the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from 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 such disputes.
12. Termination of Access to Service
We may, in our sole discretion and without liability to you, terminate or suspend your access to all or part of the Service at any time, with or without prior notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect other's enjoyment of the Service may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
13. Discontinuance of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or all of our Services. You may stop using the Service at any time.
14. Proprietary Rights
The information on our Site, whether or not it is identified as proprietary, are proprietary to us, our partners, and our users and are protected by copyright, trademarks, service marks, patents trade secrets or other proprietary rights and laws, as may be applicable. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You may not display any portion of our Site in a frame or any content from our Site through in-line links.
15. Security of your Account, Username and Password
Your account is private and should not be used by anyone else. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
16. External Links and Third-Party Content
You agree to defend, indemnify and hold harmless us, each of our officers, directors, employees, members, agents and affiliates from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out or relating to your use of our Services, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
18. DISCLAIMER OF WARRANTIES
You use our Services at your sole risk. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties. We expressly disclaim, you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that:
(a) our Services will meet your requirements;
(b) our Services will be uninterrupted, timely, secure or error-free;
(c) any information that you may obtain through our Services will be accurate or reliable;
(d) the quality of any products, Services, information or other material purchased or obtained by you through our services will meet your expectations;
(e) any information you provide or We collect will not be disclosed to third parties; or
(f) any errors in any data or software will be corrected.
We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information shall be at your sole risk.
As part of the Service, we may from time to time, provide you with or email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
If you access or transmit any content through the use of our Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.
No data, information or advice obtained by you in oral or written form from us or through or from our Services will create any warranty not expressly stated in these Terms.
19. LIMITATION OF LIABILITY
We shall not be liable for damages of any kind (including, but not limited to any direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to:
(a) the use or inability to use our services;
(b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Services;
(c) disclosure of, unauthorized access to or alteration of your content;
(d) damages for loss or corruption of data or programs, service interruptions or procurement or substitute services, even if we know or have been advised of the possibility of such damages;
(e) statements, conduct or omissions of any service providers or other third party on our Services;
(f) your or anyone else's conduct or acts in connection with the use of the Services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other Users of our Services; or
(g) any other matter arising from, relating to or connected with our Services or these Terms.
We shall not be liable for any failure or delay in performing under these Terms, whether or not such failure or delay is due to causes beyond our reasonable control.
In no event will our aggregate liability to your or any third party in any matter arising from or relating to with our Services or these Terms exceed the sum of one hundred Canadian dollars ($100.).
Some jurisdiction do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of section 19.
Please Contact Us at firstname.lastname@example.org with any questions regarding these Terms.