Terms & Conditions / Privacy Policy

• This Agreement is effective JULY 2009.
• HSV-Date is the exclusive owner and operator of hsv-date.com.

Please read the following Terms & Conditions / Privacy Policy outlined below, as they form the agreement between HSV-Date (the provider of the services) and You (the user of the services). If you do not agree to the Terms & Conditions / Privacy Policy, you may not use the services provided by HSV-Date and should not proceed with registration. By registering with hsv-date.com, you become a “Member of the Service” and you agree to be bound by this agreement for as long as you continue to be a member.

USER AGREEMENT

The following Terms & Conditions / Privacy Policy constitutes your agreement with HSV-Date with respect to your use of the services provided within hsv-date.com. You must agree to abide by all of the terms and conditions contained in this agreement in order to become and remain an authorized user of the services provided.

RIGHT TO USE

Your right to use the services of hsv-date.com is subject to any limitations, 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 aspects of the service or restrict your access to parts or all of the service without notice or liability.

ELIGIBILITY

You must be at least 18 years of age to use the services of this website. By becoming a registered user of hsv-date.com, you represent and warrant to HSV-Date that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by this agreement. You also represent and warrant to HSV-Date that you will use the services of this website in a manner consistent with any and all applicable laws and regulations.

MEMBER REGISTRATION INFORMATION

As a condition of using the services provided by HSV-Date, you agree to:

• Provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and
• Maintain and update this information to keep it true, accurate, current and complete.

If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, HSV-Date reserves the right to terminate your account and refuse any, all current or future use of the hsv-date.com.

HSV-Date reserves the right to remove anything that is deemed, in our sole discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.

You acknowledge that by submitting any type of information or communication to hsv-date.com, no fiduciary, confidential, contractually implied or other relationship is created between you and HSV-Date other than those expressly subject to these terms and conditions.

PERSONAL INFORMATION

“Personal Information” means any and all information about an identifiable individual. Hsv-date.com collects personal information from a user in order to create your online profile. We recognize the importance of privacy and recognize the sensitivity of personal information received by us in the course of offering our service.

HSV-Date will not use or disclose your personal information for purposes other than those described in this agreement. We do not share any personal information with third parties, and we do not send advertising to our members. We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice.

If we change our privacy policy, we will notify you.

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact HSV-Date Admin at admin@hsv-date.com.

MEMBERSHIP RESPONSIBILITY

By becoming a member of hsv-date.com, you acknowledge the following:

• 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 members.
• We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to other members of hsv-date.com.
• We cannot assume any responsibility for the content of messages sent by other members of hsv-date.com, and you release us from any and all liability in connection with the contents of any communications you may receive from other members through the service.
• We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other members of hsv-date.com. This includes information that has been publicly posted or provided to us by other members of hsv-date.com.
• You may not use the services of hsv-date.com for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. 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.
•  You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or images prior to your posting to or otherwise distributing them through the website.

CODE OF CONDUCT

You agree to use the services of hsv-date.com in accordance with the following Code of Conduct all forms of communication with other members of the service including but not limited to private email communication, forum posts and live chat:

• You will keep all information provided to you through the website as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
• You will not use the website to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications or pictures which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
• You will not forward chain letters through the website.
• You will not use the website to infringe the privacy rights, property rights, or any other rights of any person.
• You will not post or otherwise distribute communications, pictures or use the website in any way which:
• violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
• is fraudulent, misleading or otherwise unlawful or violates any law.
• You will not use the website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
• You will not use the website to distribute or up load any virus, trojan horses or do anything else that might cause harm to the services provided, HSV-Date systems or to other members' systems in any way.
• You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
• You will observe this Code of Conduct in all forms of communication with other members of the service including but not limited to private email communication, forum posts and live chat.

FEES AND PAYMENTS

A paid member receives a subscription giving access to the "paid features" of the website. Members will be able to access their profile, search for other members, send unlimited e-mails, make forum posts and participate in online chat sessions for as long as the subscription remains active.

In order to purchase a member subscription, you may make an online transaction via PayPal in accordance with our pricing policy for member subscription as posted on the “Member Benefits” and “Register” pages of the hsv-date.com website.

A membership subscription is valid for either 30 Days (30 Day FREE Trial membership package), or 30 days (one month membership package) from the time of payment.

Once purchased, and UNLESS CANCELLED, SUBSCRIPTIONS AUTOMATICALLY RENEW for a further 30 day period and are charged to the PayPal account originally used to purchase the membership subscription.

NON-REFUNDABLE

THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the Subscription has no monetary value and only entitles you to the use of paid features on the website for the Subscription Period based on your selected membership subscription package for a period of 30 days.

In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the Membership Subscription.

We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.

You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.

ALL FEES AND CHARGES ARE NON-REFUNDABLE. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.

CANCELLATION

Subscriptions may be cancelled at any time by clicking on the "Cancel Subscription" button in the Subscription tab of your profile. Members are responsible for logging into their PayPal account to verify that the subscription has been cancelled.

Cancellation will be effective immediately. Any remaining days of the subscription are forfeited and refund is not applicable.

If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.

MONITORING OF INFORMATION

We reserve the right to monitor all advertisements, public postings, messages, and images to ensure that they conform to the content guidelines.

REMOVAL OF INFORMATION

TERMINATION OF ACCESS TO SERVICE

We may, in our sole discretion, terminate or suspend your access to all or part of the service at any time, with or without 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 the enjoyment of the service or the Internet by others 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.

NO RESPONSIBILITY

You acknowledge that we are not responsible for suspension of the service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the service during the previous 12 months. We may discontinue or change the service or its availability to you at any time and you may stop using the Service at any time.

PROPRIETARY INFORMATION

Hsv-date.com contains information which is proprietary to us, our partners and our users. We assert full copyright protection in the service. Information posted by us, our partners or users of the service may be protected whether or not it is identified as proprietary to us or to them. 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.

SECURITY

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on hsv-date.com by users using your password, including but not limited to use of your password by any third party.

EXTERNAL LINKS

Hsv-date.com may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links and/or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

DISCLAIMER OF WARRANTIES

You understand and agree that you will use the services of hsv-date.com at your own risk. HSV-Date does not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed publicly on the website. You acknowledge that any reliance upon any information available on hsv-date.com shall be at your sole risk.

You acknowledge and agree that under no circumstances will HSV-Date be held liable for any loss whatsoever caused by your use of the services of the website or our reliance upon information contained within. This includes any direct, indirect, incidental or consequential damages that arise out of the use or inability to use the services offered by HSV-Date.

You acknowledge that HSV-Date will not be held liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication failure or unauthorized access to the service, regardless of whether HSV-Date has been advised of the possibility of such damages.

The services are provided an on “as is” basis without warranties of any kind, other than those warranties which are incapable of exclusion under law. We do not warrant that the service will be uninterrupted and/or error-free. There may be delays, omissions, and interruptions in the availability of the service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

DISCLAIMERS

HSV-Date assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or standard member communications. This includes personal injury or damage to member’s computer related to or resulting from participating or downloading materials in connection with hsv-date.com.
HSV-Date provides an environment for online dating, social networking, information and support to people with HSV and other similarly interested individuals. HSV-Date cannot guarantee and does not promise any specific results from use of the services and/or the hsv-date.com website.

LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, hsv-date.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:

• the use of or the inability to use the hsv-date.com service,
• any changes to the service,
• unauthorized access to or alteration of your transmissions or data,
• any material or data sent or received or not sent or received, or
• any transactions entered into through the Service.

HSV-Date is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

At all times, hsv-date.com shall never be liable to you for more than the amount paid.

INDEMNITY

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, 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 shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

DISCLOSURE AND OTHER COMMUNICATION

We reserve the right to send electronic mail to you, for the purpose of informing you of changes and/or additions to the services offered by hsv-date.com. We reserve the right to disclose information about your usage of the service and demographics in forms that do not reveal your personal identity.

MODIFICATIONS

We may modify this agreement from time to time. Notification of changes within this agreement will be posted on the website or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the service. Your continued use of the service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications.

GOVERNING LAW

This agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

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