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TERMS AND CONDITIONS
VIDAII.COM Matrimonial Services Provider is a service which introduces adults (age 18 years and older) through an online service. Before registering to be a user of our service you must review and agree to the following Terms and Conditions. These Terms and Conditions are a legal and binding agreement between you and VIDAII and you agree to be bound to the Terms and Conditions for as long as you continue to be a member of VIDAII. Please read and review the agreement carefully before acknowledging agreement with the Terms and Conditions, registering to become a user or participating in this service. Once you have registered for this service and become a member, you have acknowledged and agreed that you are bound by these Terms and Conditions.
ALL TERMS ARE SUBJECT TO CHANGE BY VIDAII AT ANY TIME EFFECTIVE WITHOUT NOTICE.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes in the Terms and Conditions on the site. Your continued use of a VIDAII service following the posting of any changes to these Terms and Conditions will mean you accept those changes.
MINORS MAY NOT USE THE MATRIMONIAL SERVICE. When you register for this service, and from time to time, thereafter, VIDAII may require you to provide sufficient information to indicate that you are at least eighteen (18) years old. By registering for this service, you represent and warrant that you are at least eighteen (18) years old.
By using this service, you represent and warrant that you have the right, authority and legal capacity to enter into the service agreement and you are not prohibited or prevented by any applicable law from entering into matrimony. Please note that the intention of this service is to allow unmarried adults to meet one another. By becoming a member of this service, you have confirmed that you are legally able to be married. Any breach of this confirmation will be grounds for immediate termination of your membership.
You also agree to abide by all terms and conditions set out in this service agreement. If at any time, VIDAII is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or continue being a member of VIDAII or that you have made any misrepresentation about your eligibility, VIDAII reserves the right to forthwith terminate your membership and/or your right to use the service without any refund to you of any of your unused subscription fee.
Either party have the right to terminate your listing and registration at any time, for any reason, effective immediately upon sending written notice to the other party. If there is any remaining subscription unused and termination is by the user, the user SHALL NOT be entitled to any refund of unused subscription fee. If the termination is by VIDAII and the termination is for a breach of the terms and conditions set out in this agreement, the user shall not be entitled to any refund of unused subscription fee. VIDAII reserves the right to immediately suspend or terminate your access to VIDAII’s service, without notice, upon any breach of this agreement by you.
Your registration account in VIDAII is for your sole, personal and exclusive use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Any breach of this term and condition shall result in immediate termination of your account.
This site does not vouch for nor subscribe to the claims and representations made by other members regarding particulars of their marital status, age, income or other representations which may be made by a member.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. VIDAII cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.
Multiple profiles of the same person are not allowed on VIDAII.COM reserves the right to deactivate all multiple profiles without any refund of subscription fees.
You are solely responsible for the content or information you publish or display on VIDAII service or that you may transmit to other VIDAII members. You agree you will not publish or display on the public boards or transmit to other VIDAII members or employees, any defamatory, inaccurate, false or misleading, abusive, obscene, profane, offensive, sexually explicit, pornographic, or for the exploitation of minors in any manner, is threatening, harassing, racially offensive or contains illegal material, promotes illegal acts, promote the creation of any illegal software including viruses, promotes the creation of any illegal weapons, spam the public boards, create chain letters or unsolicited mass mailing, solicit passwords or any type of personally identifying information, engages in any commercial activity or any material that infringes upon or violates another member or party’s rights including but not limited to, intellectual property rights and rights of privacy and publicity nor shall you publish or display any links which may lead to sites involving copyright infringement, piracy or any type of pornography. You will use VIDAII service in a manner consistent with any and all applicable laws.
You will not include in your profile or publish or display anywhere on this website any offensive anatomical or sexual references, offensive sexually suggestive or connotative language, or any attachments containing nudity, pornography or any personal information. You are responsible for all content you publish and display and can be held liable for anything you publish or display in a public forum. VIDAII reserves the right to reject a profile or attachment that does not comply with these terms and conditions and reserves the right to terminate access by the non-complying user. You will not engage in advertising to, or solicitation of, any members to buy or sell any products or services through the service. You will not transmit any junk mail or chain letters to other VIDAII members. 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. You are solely responsible for your interactions with other VIDAII members. VIDAII reserves the right, but has no obligation to monitor disputes between you and other VIDAII members.
Members are prohibited from publishing or displaying personal addresses, telephone numbers or email addresses on the public boards.
Members are not allowed to make use of any automated processes, including IRC Bots, EXEs, CGI or any other programs or scripts to view content or communicate, contact, respond or interact with VIDAII or its members.
By publishing or displaying content to any public area of VIDAII.COM, you automatically grant, and you represent and warrant that you have the right to grant to VIDAII.COM, and other VIDAII 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.
Some of Examples of Online Conduct which is not permitted or tolerated is set out henceforth. This list is by no means exhaustive and should not be construed to be a full and complete list. If any of this type of activity occurs, VIDAII will investigate the matter in full and will, where necessary and in its sole discretion, take any steps necessary including without limitation, appropriate legal action, removing the offending communication/content from the VIDAII service, terminating the membership of such violators without a refund. The following are examples of prohibitive content:
• is patently offensive to any community or social group in that such content promotes hatred, bigotry, racism or physical harm of any kind against any group or any individual;
• defames, abuses, stalks, harasses, threatens or otherwise violates the legal rights of others, including without limitation, rights relating to privacy and publicity;
• involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing;
• promotes information that you know is false, 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;
• contains restricted or password access only pages, or hidden pages or images (those not linked to or from another accessible page);
• post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
• provides material that exploits people under the age of eighteen (18) years in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18) years;
• creating materials or content (including for greater certainty, software) which contains, or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or any VIDAII.COM site and any world wide web pages or any operating system software or hardware on which such Content, Service or VIDAII.COM. Site is operated or displayed except as specifically designed into the Content;
• post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability or provides instructional information about illegal activities such as making or buying illegal weapons, or violating someone’s privacy;
• solicits passwords or personal identifying information for commercial purposes or for unlawful purposes or for any other purposes from any other users or members; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes,
INDEMNITY BY MEMBER
You will defend, indemnify and hold harmless VIDAII.COM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable lawyer’s fees) relating to or arising out of your use of the VIDAII service, including any breach of these terms and conditions by you.
Opinions, advice, statements, offers or other information or content made available through VIDAII service are those of the respective authors and not of VIDAII.COM, and should not necessarily be relied upon. Such authors are solely responsible for such content.
VIDAII DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL VIDAII BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR ANY OTHER CONTENT POSTED ON THE VIDAII SERVICE, OR TRANSMITTED TO VIDAII MEMBERS.
WARNING – PLEASE READ THIS. Although every effort is made to ensure the security of the VIDAII service and its members and although protocols are implemented for security reasons, it is possible that persons other than VIDAII members or users which may includes unauthorized users and/or hackers, may publish, display or transmit offensive or obscene materials on the VIDAII service and that you may be involuntarily exposed to such offensive and/or obscene materials. It is also possible for others to obtain personal information about you due to your use of the service, and that the recipients may use such information to harass or injure you. VIDAII is not responsible for the loss, misuse, or alteration of any personal information you disclose in public forums. Please carefully select the type of information you publish or display on the VIDAII service or release to others.
VIDAII RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS PUBLISHED OR DISPLAYED IN THE PUBLIC AREAS OF THE VIDAII SERVICE. VIDAII SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERUAL, THAT VIOLATES, OR IS ALLEGED TO VIOLATE THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REAMIN SOLELY RESPONSIBLE FOR THE CONTENT OF MATERIALS YOU PUBLISH OR DISPLAY IN THE PUBLIC AREAS OF THE SERVICE AND YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER VIDAII MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY VIDAII TO THE EXTENT REQUIRED BY APPLICABLE LAW.
VIDAII owns and retains proprietary rights in the VIDAII service. The service contains copyrighted material, trademarks, and other proprietary information belonging to VIDAII and its licensors. In addition, you acknowledge that other members may publish or display copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for information which is contained in the public domain or for which you have been given specific permission to publish, you will not copy, modify, publish, transmit, distribute, perform, display or sell any proprietary information.
INFORMATION SUPPLIED BY MEMBERS. VIDAII will keep confidential all personally identifiable information supplied by you to VIDAII including credit card number(s), and shall use or disclose such information only for the purposes for which the information was collected, or as required by law. VIDAII is not responsible for any loss, misuse or alteration of any personal information you disclose in public addresses.
To resolve a complaint regarding the VIDAII service or a member, you should first contact VIDAII service Customer Support at VIDAII.COM
LICENSE AND SITE ACCESS
VIDAII service grants you a limited license to access and make personal use of this sire and not to download any pages (other than page caching) or modify it, or any portion of it, except with the express written consent of VIDAII.COM. This license does not include any resale or commercial use of this site or its content; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without the express written consent of VIDAII.COM, you may not frame or utilize framing techniques to enclose any trademark or logo or other proprietary information (including images, text, page layout, or form) of VIDAII.COM. You may not use any meta tags or any other “hidden text” utilizing VIDAII.COM’s names or trademarks without the express written consent of VIDAII.COM. Any unauthorized use terminates the permission or license granted by VIDAII.COM. You may not use VIDAII.COM’s logo or other proprietary graphic or trademark as part of the link without express written permission.
DISCLAIMER OF WARRANTY
VIDAII PROVIDES THE VIDAII SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH VIDAII OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. VIDAII SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT. VIDAII DOES NOT WARRANT THAT YOUR USE OF VIDAII SERVICE WILL BE SECURE, UNITERRUPTED, ALWAYS AVAILABLE, OR ERROR FEE, OR WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIDAII BE LIABLE (I) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, 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 OR INABILITY TO USE THE SERVICE, EVEN IF VIDAII OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU. NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HERE IN, VIDAII SERVICE’S LIABILTY TO YOU FOR ANY CAUSE WHAT SO EVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIDAII FOR THE SERVICE DURING THE TIME OF REGISTRATION.
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 MAY NOT APPLY TO YOU.
This agreement is entered into in the Province of Ontario. You agree that Ontario law (regardless of conflicts of laws principles) shall govern this agreement, and that any dispute arising out of or relating to this agreement shall be subject to the laws of the Province of Ontario. This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between VIDAII and you pertaining to your use of the VIDAII service, Services and Content and supercede any prior agreements between you and VIDAII with respect to the subject matter hereof. VIDAII's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting of these Terms and Conditions or except as otherwise expressly contemplated herein.
You acknowledge and agree that VIDAII.COM, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the VIDAII service or any of the Services, and remove and discard any information or content related to VIDAII or any of the Services (and your use thereof), for any reason, including where VIDAII believes that you have violated any of these Terms and Conditions. You further agree that VIDAII shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a VIDAII or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of VIDAII in operating a service, or any of the Services, your sole and exclusive remedy is to discontinue using the VIDAII.COM service or any of the Services.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Windsor, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
DISCLOSURE OF PERSONAL INFORMATION
We will not sell or rent your Personal Information to anyone.
We will only disclose your Personal Information to third parties:
A) Where you have specifically given us your consent to disclose your Personal Information for a designated purpose;
B) Who are acting on our behalf as our agents, suppliers or service providers, solely to enable us to more efficiently provide you with the VIDAII Services. Such entities act under strict contractual controls, requiring them to maintain the confidentiality of all such Personal Information and to use such information solely for purposes related to the provision of the VIDAII Services;
C) As may be set out in the Terms and Conditions applicable to a VIDAII Service, to facilitate the provision of such VIDAII Service, such as fulfilling legal requirements;
D) As required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest; or
In certain areas, such as when you provide credit card information to us, we work to help protect the security of your credit card information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your Account or Registration Information. Also remember to log out of your account and close your browser window when you finish using a VIDAII Service or surfing the Web, so that other people using the same computer won't have access to your information.
CRIMINAL RECORD/BACKGROUND CHECKS
VIDAII.COM does not conduct background checks or criminal record searches on its members. The information contained in member profiles was provided by the member. VIDAII cannot be held liable for any false or misleading information contained in member profiles.
By becoming a member of VIDAII service, you unconditionally and irrevocably confirm that you have read all the provisions contained in this agreement and that you agree to be bound by them.
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