PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY IN ORDER TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS AS A VISITOR, USER, AND/OR MEMBER OF THE PassionUp.com Inc SERVICE. BY REGISTERING, ENTERING OR USING THE SERVICES OF PassionUp.com Inc YOU ARE CONSENTING AND AGREEING TO THE FOLLOWING TERMS AND CONDITIONS:
Welcome to PassionUp.com a romantic and social networking community that is a web based service. Possessing a rich collection of interactive and communicative features, PassionUp.com Inc offers one of the most comprehensive, secure and enjoyable Internet experience imaginable.
In order to use the Services of PassionUp.com Inc, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and telephone fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, web-enabled mobile phone or PDA, or other access device. To use PassionUp.com Inc you must first register as a Member of the site, and agree to be bound by the Terms and Conditions as part of the registration process. In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update your account information so as to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and PassionUp.com Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PassionUp.com Inc has the right to suspend or terminate your account and refuse to provide you any and all current or future use of the Service. Furthermore it is understood that PassionUp.com Inc reserves the right to delete accounts created by Users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. Upon completion of the Registration process, your password chosen by you, and your account, is private and should not be used by anyone else. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account.
To register as a member of PassionUp.com Inc you must be at least 18 years of age or older, and you represent and warrant that you have the right, authority, and capacity to consent and agree to these Terms and Conditions. Although PassionUp.com Inc is designed to appeal to a broad audience, the Service does contain adult or mature content.
PassionUp.com Inc accounts are available for free to all valid registrants. Free accounts offer a limited number of features in relation to any other accounts offered. Premium, and/or Paid Subscriptions are accounts that are available for a term-based fee, and offer Users all extended and basic features of
PassionUp.com Inc. Paid accounts are non-transferable and non-refundable. PassionUp.com Inc may determine at its sole discretion the appropriate rates for such paid accounts, which shall be posted on the Web site as and when applicable. When paying any applicable membership fees, making purchases or other transactions through PassionUp.com Inc you may be asked to supply certain information concerning credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all authorized charges incurred by you or other Users of your account and credit card or other payment mechanisms, at the prices in effect when such charges incurred.
You also will be responsible for paying all applicable taxes, if any, relating to purchases on this Web site. You agree to be bound by all of the Terms and Conditions on this Web site and on any applicable order or registration form. These Terms and Conditions will remain in full force and effect while you use PassionUp.com Inc as a Member or visitor.
As a Member you may terminate your membership at any time, for any reason.
Should PassionUp.com Inc terminate your membership or account because you have violated or breached these Terms and Conditions, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, the Terms and Conditions will remain in effect.
NON-COMMERCIAL USE BY MEMBERS
PassionUp.com Inc is a Web site for the personal use of individual Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PassionUp.com Inc management. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting usernames, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive action. Commercial advertisements, any affiliated links, or other forms of
solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.
PROPRIETARY RIGHTS IN CONTENT
PassionUp.com Inc owns and retains all proprietary rights in the Web site and our Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of PassionUp.com Inc and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not use, copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
USER AND MEMBER CONDUCT AND CONTENT
As a PassionUp.com Inc Member you acknowledge all information, content, data, text, software, music, sound, tones, photographs, graphics, video, messages, profiles and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means the person from which such Content originated, and not PassionUp.com Inc, is entirely responsible for all Content uploaded, posted, emailed or otherwise transmitted via Services provided by PassionUp.com Inc. By posting Content to any public area of PassionUp.com Inc you automatically grant, and you represent and warrant that you have the right to grant, to PassionUp.com Inc an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content within the Service, and to grant and authorize sublicenses
of the foregoing. You understand and agree that PassionUp.com Inc may review and delete any Content that in the sole judgment of PassionUp.com Inc violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. PassionUp.com Inc Members may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. Members may not engage in advertising to, or solicitation of other Members to buy or sell any personal products or services except within the PassionUp.com Inc "Classifieds" section of the Web site. However, PassionUp.com Inc does reserve
the right to allow particular Users to use the Service for commercial purposes pursuant to a separate written agreement.
As a User and/or Member of PassionUp.com Inc you agree not to do any of the following:
( 1) Upload, post, e-mail or otherwise transmit 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.
( 2) Display pornographic or sexually explicit material of any kind. Provide material that exploits people under the age of 18 in a sexual or violent manner.
( 3) Promote information you know is false, misleading or promotes illegal activities.
( 4) Seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
( 5) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through PassionUp.com Inc.
( 6) Upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
( 7) Upload post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
( 8) Upload, post, e-mail or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
( 9) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of PassionUp.com Inc are able to type, or otherwise act in a manner that negatively affects other User's ability to engage in real time exchanges.
(10) Include in your Member profile any telephone numbers, street addresses, last names, URLs or e-mail addresses.
(11) Interfere with or disrupt servers or networks connected to PassionUp.com Inc or disobey any requirements, procedures, policies or regulations of networks connected to PassionUp.com Inc.
(12) Harvest or otherwise collect or store personal data about other Users, "stalk" or otherwise harass another.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside.
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. It is PassionUp.com Inc policy to terminate the accounts of repeat offenders. 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 PassionUp.com Inc with the following: 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 Web site; your address, telephone number, and e-mail 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. For notice of copyright infringement, please contact us
MONITORING OF USE
PassionUp.com Inc reserves the right to monitor all public postings, profiles, pictures, advertisements, messages, chat room postings, message board postings or other uploaded Content to ensure that they confirm to the above noted rules and Content guidelines which may be applicable from time to time. While it is not possible to review every message or other material posted or sent by Users of the Service, and PassionUp.com Inc is not responsible for any content of these messages or materials, PassionUp.com Inc reserves the right, but is not obligated, to delete, move, or edit messages or materials, including without limitation profiles, pictures, video/audio materials, public postings and messages, that PassionUp.com Inc,
in its sole discretion, deems to violate the rules set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the Content of profiles, public postings, messages and other materials you may upload to the Service or to other Users of the Service.
PRACTICES REGARDING USE AND STORAGE
You acknowledge that PassionUp.com Inc may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, SMS, messages, MMS messages, notes, comments, chat room postings, video/audio material, message board postings or other uploaded Content will be retained by the Service, the maximum number of "messages" that may be sent from or received by an account on the Service, the maximum size of any "message" that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PassionUp.com Inc servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of time. You agree that PassionUp.com Inc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PassionUp.com Inc reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PassionUp.com Inc reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are solely responsible for your interactions with other PassionUp.com Inc Members or third parties. PassionUp.com Inc reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through PassionUp.com Inc, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. PassionUp.com Inc may from time to time run competitions, free prize draws, and promotions. These will be subject to additional terms that will be made available at the time of such competitions, draws and promotions.
NO RESALE OF SERVICE
As a User and/or Member you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of PassionUp.com Inc.
PassionUp.com Inc and all other parties involved in the creation, production, maintenance or delivery of the Service are not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with PassionUp.com Inc Service, whether caused by Users of the Web site, Members, or by any of the equipment or programming associated with or utilized in the Service. PassionUp.com Inc is not responsible for the conduct, whether online or offline, of any User or Member of the Web site. PassionUp.com Inc 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, User or Member communications. PassionUp.com Inc 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 e-mail or players on account of technical problems or traffic congestion on the internet or at any Web site or combination thereof, including injury or damage, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between Users of the Web site, whether online or offline. Your use of the Service is at your sole risk, the Service is provided on an "As Is" and "As
Available" basis. To the fullest extent permitted by applicable law, PassionUp.com Inc expressly disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. PassionUp.com Inc cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Any material downloaded or otherwise
obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will PassionUp.com Inc be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the PassionUp.com Inc Service, even if PassionUp.com Inc has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PassionUp.com Inc 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 PassionUp.com Inc for the Service during the term of membership.
If there is a dispute between Members or between Members and any third party, you understand and agree that PassionUp.com Inc is under no obligation to become involved. In the event that you have such a dispute, you hereby release PassionUp.com Inc, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. If there is any dispute about or involving the Web site and/or the Service, by using the Web site you agree that the dispute will be governed by the laws of the State of Hawaii without regard to its conflict of law rules. You agree to personal jurisdiction by and venue in
the state and federal courts located in Honolulu, State of Hawaii. The failure of PassionUp.com Inc to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You expressly agree to indemnify and hold PassionUp.com Inc and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the PassionUp.com Inc Service in violation of these Terms and Conditions and or any breach of your representations and warranties set forth above.
The terms and provisions of these Terms and Conditions shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between PassionUp.com Inc and any User of the Service. A Member may not bind or obligate PassionUp.com Inc without the prior written consent of PassionUp.com Inc.
AGREEMENT IN ENTIRETY
These Terms and Conditions of Service represent the complete and entire agreement between PassionUp.com Inc and you and supersede all prior and contemporaneous agreements of the parties relating to the subject matter hereof. You acknowledge that you have read these Terms and Conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using PassionUp.com Inc, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms and Conditions.
PassionUp.com Inc shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions, and or change part of the Services provided under these Terms and Conditions at any time, without notification to Users and Members, and all such changes shall be effective immediately. You agree to periodically review PassionUp.com Inc including the current version of the Terms and Conditions available, to be aware of any such revisions. If you do not agree with any revision to the Terms and Conditions, you may cancel your Subscription Services in accordance with the provisions set forth below.
CANCELLATION AND TERMINATION
You may cancel your paid Subscription Services with PassionUp.com Inc at anytime. Please contact us to cancel your subscription, automatic renewal, and or change your payment method. PassionUp.com Inc reserves the right to terminate your Subscription Services if PassionUp.com Inc determines, in its sole discretion, that you are not complying with the Terms and Conditions. Any such cancellation or termination is subject to the no-refund policy as described above.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.