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Terms and Conditions
Couplezz.com Terms and Privacy Policy Terms of Use Agreement Couplezz.com is a social networking service that allows Members to create unique profiles online in order to find and communicate with couples. The services offered by Couplezz.com ("Couplezz.com" or "we") include the Couplezz.com Website, the Couplezz.com Internet messaging service, and any other features, content, or applications offered from time to time by Couplezz.com in connection with the Couplezz.com Website (collectively, the "Couplezz.com Services"). 1. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Couplezz.com Services. By using the Couplezz.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Couplezz.com Website) or you are a "Member" (which means that you have registered with Couplezz.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Couplezz.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Couplezz.com Website and discontinue use of the Couplezz.com Services immediately. If you wish to become a Member, communicate with other Members and make use of the Couplezz.com Services, you must read this Agreement and indicate your acceptance during the Registration process. 2. This Agreement includes Couplezz.com´s policy for acceptable use of the Couplezz.com Services and Content posted on the Couplezz.com Website, your rights, obligations and restrictions regarding your use of the Couplezz.com Services and Couplezz.com's Privacy Policy. In order to participate in certain Couplezz.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Couplezz.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info(at)Couplezz.com, Subject: Terms of Use Agreement. 3. Couplezz.com may modify this Agreement from time to time and such modification shall be effective upon posting by Couplezz.com on the Couplezz.com Website. You agree to be bound to any changes to this Agreement when you use the Couplezz.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. 4. Please choose carefully the information you post on Couplezz.com and that you provide to other Users. Your Couplezz.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Couplezz.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Couplezz.com assumes no responsibility or liability for this material. If you become aware of misuse of the Couplezz.com Services by any person, please contact Couplezz.com at admin(at)couplezz.com 5. Couplezz.com reserves the right, in its sole discretion to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Couplezz.com services at any time, for any or no reason, with or without prior notice, and without any liability. Couplezz.com expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the services, if Couplezz.com determines, in its sole discretion, that you pose a threat to Couplezz.com and/or its users. 6. Use and membership of the services is void where prohibited. By using the services you warrant that all information you submit is truthful and accurate and that you will maintain the accuracy of such information and that you hold the appropriate age or consent from custodian for entering into a binding agreement and that your use does not violate any laws or regulations. 7. This agrement shall remain into full force and effect while you use the services or are a member. The membership may be terminated at any time and for any reason. Couplezz.com may terminate your membership at any time, without warning. Even after the membership is terminated this agreement will remain in effect in applicable parts. 8. You acknowledge that Couplezz.com reserves the right to charge for the services provided for, and change its fees from time to time in its discretion. If your membership is terminated for any reason, you shall not be entitled to any refund of any unused portion of subscription fees. 9. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Couplezz.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 10. The Couplezz.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Couplezz.com Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website of Couplezz.com is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the services provided at Couplezz.com. 11. Couplezz.com does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post on Couplezz.com. After posting your Content to the Couplezz.com, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Couplezz.com Services, you hereby grant to Couplezz.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Couplezz.com services. The license you grant to Couplezz.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Couplezz.com, fully-paid and royalty-free (meaning that Couplezz.com is not required to pay you for the use on the Couplezz.com of the Content that you post), sublicensable (so that Couplezz.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Couplezz.com Services), and worldwide (because the Internet and the Couplezz.com Services are global in reach). This license will terminate at the time you remove your Content from Couplezz.com. The license does not grant Couplezz.com the right to sell your Content, nor does the license grant Couplezz.com the right to distribute your Content outside of the Couplezz.com Services. 12. You represent and warrant that: (i) you own the Content posted by you on or through Couplezz.com, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Couplezz.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Couplezz.com. 13. The services on Couplezz.com contain Content of Couplezz.com ("Couplezz.com Content"). Couplezz.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Couplezz.com owns and retains all rights in the Couplezz.com Content and the services of Couplezz.com. 14. Couplezz.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Couplezz.com Content (excluding any software code) solely for your personal use in connection with viewing the Couplezz.com Website and using the Couplezz.com Services. The Couplezz.com Services contain Content of Users and other Couplezz.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the services of Couplezz.com. 15. Couplezz.com may delete any Content that in the sole judgment of Couplezz.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Couplezz.com assumes no responsibility for monitoring the Couplezz.com Services for inappropriate Content or conduct. If at any time Couplezz.com chooses, in its sole discretion, to monitor the Couplezz.com Services, Couplezz.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 16. You are solely responsible for the Content that you post on or through any of the Couplezz.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. Couplezz.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Couplezz.com prior to posting and does not necessarily reflect the opinions or policies of Couplezz.com. Couplezz.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. 17. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Couplezz.com Services. Couplezz.com reserves the right to investigate and take appropriate legal action against anyone who, in Couplezz.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Couplezz.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Couplezz.com: - is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; - harasses or advocates harassment of another person; - exploits people in a sexual or violent manner; - contains nudity, violence, or offensive subject matter or contains a link to an adult website; - solicits personal information from anyone under 18; - provides any telephone numbers, street addresses, URLs or email addresses; - promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; - promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; - involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; - contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); - furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; - solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; - involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; - includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. 18. The following is a partial list of the kind of activity that is illegal or prohibited on the Couplezz.com Website and through your use of the Couplezz.com Services. Couplezz.com reserves the right to investigate and take appropriate legal action against anyone who, in Couplezz.com 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: - criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; - advertising to, or solicitation of, any Member to buy or sell any products or services through the Couplezz.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Couplezz.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Couplezz.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Couplezz.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Couplezz.com Services, you acknowledge that you will have caused substantial harm to Couplezz.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Couplezz.com an amount of EURO 50 for each such unsolicited email or other unsolicited communication you send through the Couplezz.com Services; - covering or obscuring the banner advertisements on your personal profile page, or any Couplezz.com page via HTML/CSS or any other means; - any automated use of the system, such as using scripts to add friends or send comments or messages; - interfering with, disrupting, or creating an undue burden on the Couplezz.com Services or the networks or services connected to the Couplezz.com Services; - attempting to impersonate another Member or person; - using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; - using any information obtained from the Couplezz.com Services in order to harass, abuse, or harm another person; - displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Couplezz.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose or sending private messages with a commercial purpose; or - using the Couplezz.com Services in a manner inconsistent with any and all applicable laws and regulations. 19. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Couplezz.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Couplezz.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Couplezz.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Couplezz.com Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. Couplezz.com´s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Couplezz.com, Jakobsgatan 63, 724 64 Västerås, SWEDEN; Attn: Copyright Agent; and email: copyrightagent(at)Couplezz.com. ) 20. You are solely responsible for your interactions with other Members at Couplezz.com. Couplezz.com reserves the right, but has no obligation, to monitor disputes between you and other Members. 21. Use of the Couplezz.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 22. Couplezz.com is not responsible for any incorrect or inaccurate Content posted on the Couplezz.com Website or in connection with the Couplezz.com Services, whether caused by Users of the Couplezz.com Services or by any of the equipment or programming associated with or utilized in the Couplezz.com Services. Profiles created and posted by Members on the Couplezz.com Website may contain links to other websites. Couplezz.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Couplezz.com. Inclusion of any linked website on the Couplezz.com Services does not imply approval or endorsement of the linked website by Couplezz.com. When you access these third-party sites, you do so at your own risk. Couplezz.com takes no responsibility for third party advertisements which are posted on this Couplezz.com Website or through the Couplezz.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Couplezz.com is not responsible for the conduct, whether online or offline, of any User of the Couplezz.com Services. Couplezz.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Couplezz.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Couplezz.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Couplezz.com Services. Under no circumstances shall Couplezz.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Couplezz.com Services, attendance at a Couplezz.com event, from any Content posted on or through the Couplezz.com Services, or from the conduct of any Users of the Couplezz.com Services, whether online or offline. The Couplezz.com Services are provided "AS-IS" and as available and Couplezz.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Couplezz.com cannot guarantee and does not promise any specific results from use of the Couplezz.com Services. 23. IN NO EVENT SHALL COUPLEZZ.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COUPLEZZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COUPLEZZ.COM´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 COUPLEZZ.COM FOR THE COUPLEZZ.COM SERVICES DURING THE TERM OF MEMBERSHIP. 24. If there is any dispute about or involving the Couplezz.com Services, you agree that the dispute shall be governed by the laws of SWEDEN, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in courts of Sweden. 25. Either Couplezz.com or you may demand that any dispute between Couplezz.com and you about or involving the Couplezz.com Services must be settled by arbitration utilizing the dispute resolution procedures of the Swedish Chamber of Commerce, provided that the foregoing shall not prevent Couplezz.com from seeking injunctive relief in a court of competent jurisdiction. 26. You agree to indemnify and hold Couplezz.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Couplezz.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Couplezz.com Website or through the Couplezz.com Services causes Couplezz.com to be liable to another. 27. This Agreement is accepted upon your use of the Couplezz.com Website or any of the Couplezz.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Couplezz.com regarding the use of the Couplezz.com Services. The failure of Couplezz.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info(at)couplezz.com with any questions regarding this Agreement. -------------------------------------- Privacy Policy - Information Collection and Use 1. Couplezz.com collects user submitted information such as username, email address, and age to authenticate users and to send notifications to those users relating to the Couplezz.com service. Couplezz.com also collects other profile data including but not limited to: personal interests and relationship data in order to assist users in finding and communicating with each other. 2. Couplezz.com also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes. 3. User Profile information including members pictures and usernames are displayed to people in order to facilitate user interaction in the Couplezz.com social networking community. Email addresses are used for the purposes of inviting new friends to join Couplezz.com, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network. Users within a personal network communicate on Couplezz.com with each other through the Couplezz.com service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, Couplezz.com allows users to search for other members by using our advanced search function. 4. We may also use a user's email address to send updates, a newsletter or news regarding the Couplezz.com service. 5. From time to time, Couplezz.com or a partner, may sponsor a promotion, sweepstake or contest on Couplezz.com Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply. 6. Use of Cookies. Couplezz.com uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from Couplezz.com in order to use most functions on the site. Please note that Couplezz.com allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the Couplezz.com Privacy Policy. 7. Couplezz.com members can invite friends to join the service by sending invitation emails via our automated invitation system. Couplezz.com stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. Couplezz.com does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from Couplezz.com may contact Couplezz.com to request the removal of their information from our database. 8. Couplezz.com members may also store email addresses of people they know in their internal Couplezz.com address book and may also choose to send invitations and other communications to those addresses. 9. You may prevent Couplezz.com email invitations and other messages from being sent to any email address you control by sending a single email with the subject "BLOCK" to support(at)couplezz.com Please note that the email must come from the account you wish to block. 10. Couplezz.com contains links to sites. Couplezz.com is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Couplezz.com. 11. Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. 12. Couplezz.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info. 13. Ads appearing on this Website may be delivered to users by Couplezz.com or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Couplezz.com and does not cover the use of cookies by any advertisers. 14. Couplezz.com member accounts are secured by member-created passwords. Couplezz.com takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. 15. Except as otherwise described in this privacy statement, Couplezz.com will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Couplezz.com, whether or not a response is required by applicable law; (2) to enforce the Couplezz.com Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. Couplezz.com reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Couplezz.com or substantially all of its assets to that successor in interest For more information see the "Changes in Our Privacy Policy" section below. 16. Changes in Our Privacy Policy. From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Website for 30 days. 17. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, please contact us at: support(at)couplezz.com or Couplezz, Jakobsgatan 63, 724 64 Västerås, SWEDEN. Last modified on September 27th, 2009 I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS OF THE TERMS & CONDITIONS AND THE PRIVACY POLICY.