Alikewise Terms and Conditions of Use
Be Clever. Be Flirty. Be Nice.
We welcome you to our site and our services and want you to know all of our terms and conditions. A few highlights:
- This is a "beta" web site, which means that we still have work to do. It will grow and change.
- You must be at least 18 years old and a resident of the United States to use this site (we will be international soon!)
- This is a web site where users like you create the content. Alikewise can’t be responsible for what is posted.
- You agree to treat other users with respect.
- Obscene or hateful content is not acceptable and we will do our best to remove it. Spam or any kind of commercial solicitation is bad, bad, bad. Selling your unique charm, however, is encouraged.
- Alikewise cannot verify the truthfulness of any content. Please tell the truth.
- By using this site, you agree that you will not contribute unacceptable content. You also understand that others might do so, and that you will not hold Alikewise responsible. We offer tools to help you avoid such things should they arise:
- If you see a profile that you feel contains unacceptable content please let us know by clicking on the "Report a Concern" link on the profile’s page.
- Or, if there is an individual who you personally don’t care to know anything further about, feel free to block that person from your view using the “Block this Person” link. Unblock them later if you have a change of heart.
- Photos need to be of you. With clothes on.
- It is your responsibility to manage your user name (also known as Alikewise name) and password. Your Alikewise name is publicly displayed. Your password is known only to you. Please protect it.
- A profile can be removed by Alikewise at its sole discretion.
- Alikewise is not liable for any outcomes that follow from using the site - even if they are totally awesome.
- These terms and principles are explained in detail below.
Alikewise, LLC may amend the agreement at our sole discretion at any time. Changes to the Agreement are effective immediately upon posting and will be available on our HTTP server at this website address. Your use of the Website or any Alikewise, LLC, or any affiliate’s, Services constitutes acceptance of all changes to the Agreement. It is the responsibility of each user to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of the Agreement. Do not use the Website or the services if you do not agree to be bound by this agreement.
Communications from Service
You agree to promptly keep current your email address on record by logging onto your Alikewise account and changing it on your account screen. We are not responsible if you do not receive all Disclosures due to failing to do so. To access Disclosures electronically you must have internet and e-mail access.
You agree that during your subscription, the Company (including its affiliated companies) may deliver communications to you via email and other electronic communications devices. You agree to receive these messages when you register for the Services, and to provide your contact information through the Website and/or utilize the Services. We require the ability to deliver Disclosures in order to operate the Services. You agree that we may also continue to deliver Disclosures to you by email after you terminate your membership account.
You must be at least eighteen (18) years of age and a resident of the United States to register for the Services. Membership in the Services is void where prohibited. By registering with the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement.
Use of the Services
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
We reserve the right to review member messages containing content that are posted on the Website. Should violations of the Agreement become known to us, we may take appropriate remedial actions, which may include the immediate termination of the offending membership account, without notification and without refund to the offending subscriber.
In accessing the Website and/or using the Services, you agree that you will not, and will not assist or enable others to:
Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site; Use the Site to submit or transmit spam, junk email, surveys, or other mass messaging, whether commercial in nature or not; Use the Site for promotional or commercial purposes, except as expressly allowed in writing by The Company; Solicit, recruit or provide materials to solicit or recruit for any other entity or company or otherwise engage in conduct that is detrimental to the business interests of the Company; Use the Site to promote bigotry or discrimination against protected classes; Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Indicate whether you have a paid or nonpaid status as a member in your messages or profile; Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors; Use the Site in violation of the Terms of Service or any applicable law; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by The Company; Reverse engineer any portion of the Site; Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site; Record, process, or mine information about other users; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content; Reformat or frame any portion of the Site; Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure; Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer malware, worms, defects, Trojan horses or other items of a destructive nature (collectively, "malware"); Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. You agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us at firstname.lastname@example.org, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You agree that the profile you create through the Services, including content and any photos, may appear on or be accessible to other users though other websites of third parties with whom the Company has a relationship, including without limitation other matching sites and social networks with whom we may have a relationship. By subscribing to the Services and or logging into the Services, you agree to allow your site profile and its content to appear on or be accessible through such other websites.
You are solely responsible for all content that you upload, publish, or display (collectively, "post") on or through the Website or Services or that you transmit to or share with other members or third parties via the Services (collectively, "User Content"). The Services merely provide a passive conduit for the distribution of your User Content. We reserve the right to remove your User Content if we believe that it may create liability for us. You shall not portray a picture of any person other than yourself in your matching profile. Should you violate any of this paragraph’s terms or any terms of this Agreement, we reserve the right to investigate, review User Content, and take appropriate action which we determine necessary in our sole discretion, including without limitation, removing the offending User Content and terminating the membership of such violators.
You understand that by posting Content on the Website or through the Services, you are granting, and representing and warranting that you have the right to grant to Company a worldwide, perpetual, non-exclusive, transferable, royalty-free right and license, sub licensable through multiple tiers of sublicensees, to use, copy, publicly perform, publicly display, translate, excerpt and distribute such User Content in any media now known or later developed for any purpose on or in connection with the Services, to prepare derivative works of such User Content. This license will terminate at the time you remove your User Content from the Website and Services, provided that we may retain archived copies of your User Content in accordance with our normal archiving procedures.
You agree that your profile and User Content that you post using the Services may remain available on the Services, at the discretion of the Company, when not actively using the Services, during periods that you have been blocked or restricted by the Company from using the Services, and/or after you have cancelled your subscription to the Services. The only way to ensure that your profile is removed from availability on the Services is to contact a representative of the company and request such removal.
In order to protect the integrity of the Services, we reserve the right, at any time in our sole discretion, to block current members, former members, or certain IP addresses from accessing the Website or the Services.
The Company (or its affiliated companies) may create profiles for but not limited to research, measurement and testing.
The Services are effective until terminated by us, with or without cause, and at our sole discretion. Without limiting the foregoing, the Company may immediately terminate your use of the Services in the event of the following: (a) breaches or violations of the Agreement or other agreements or guidelines incorporated herein or as may be posted on the Website, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Upon such termination, you will not be able to access or utilize the Services in any way. In such event, you agree not to gain or attempt to gain unauthorized access to Service and that we shall not be liable to you nor any third-party for any termination of your account or access to the Services.
You agree that we the Company have the right to review and monitor matching site profiles and messages for subscriber compliance with the Agreement. Notwithstanding the foregoing, nothing contained in this section or in the Agreement obligates us in any way to continuously monitor transmissions of subscribing members. Such monitoring is not possible due to the large volume of such transmissions.
We reserve the right to delete any portion of messages or profiles that we deem objectionable or adverse to our policies for any reason and in our sole discretion.
You agree that if you submit to us any feedback, ideas, or other improvements (hereinafter, "submissions") regarding the operation of the Website and/or the Services, your submissions shall be deemed to be the property of Company, and the Company (including its parent and affiliated companies) shall be free to use your submissions for any purpose whatsoever, including but not limited to incorporating your submissions in our products or services without charge. You agree that your submissions will not violate or infringe the rights of any party, including privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You hereby transfer and assign all right, title and interest, include copyrights and other proprietary rights, in and to any submissions to us.
Title and Ownership
The Website and Services, including but not limited to software, content, text, photographs, graphics, video, audio, and the compilation as a whole ("Site Content"), are proprietary to Company, our licensors or our users and are protected under U.S. copyright and other intellectual property laws. You agree not to modify, copy rent, lease, loan, sell, reproduce, display, distribute, or create derivative works based on the Services, the Website or the Site Content, in whole or in part, without our prior, written consent, except that the foregoing does not apply to your own User Content.
Provided you are eligible to use the Website and the Services, you are granted a personal, non-transferable, and non-exclusive right and license to access, use and display the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you are properly permitted access solely for your personal, non-commercial use and in accordance with the Agreement. You must abide by all copyright notices or restrictions contained on the Website or in the Services. Trademarks, service marks and logos owned by third parties remain the exclusive property of such third parties. You may not delete any attributions, legal or proprietary notices on the Website or in the Site Content or elsewhere. Title, ownership rights and intellectual property rights in and to the Website and the Services, including any software, shall remain vested in us, or in our suppliers and licensors as applicable. Except as expressly set forth herein, no other interest in or right to the Website and/or the Service is granted to you, whether by implication or otherwise.
DISCLAIMER OF WARRANTIES
YOU AGREE TO USE THE WEBSITE AND/OR THE SERVICES AT YOUR OWN RISK AND THAT WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF THE WEBSITE OR SERVICES OR INTERACTION WITH OTHER USERS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INFORMATION OR MESSAGES. AS WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF INFORMATION TRANSMITTED OVER THE INTERNET, YOU SHOULD USE APPROPRIATE CAUTION IN COMMUNICATING CONFIDENTIAL INFORMATION THROUGH THE WEBSITE AND SERVICES. YOU ASSUME ALL RISKS IN USING THE WEBSITE AND SERVICES AND ACKNOWLEDGE THE ASSUMPTION OF ALL RISKS THEREIN, INCLUDING WITHOUT LIMITATION THE RISKS INHERENT IN MEETING WITH STRANGERS OR MATCHING INDIVIDUALS YOU CONTACT THROUGH A SERVICE.
WE DO NOT WARRANT THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (II) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (III) THE INFORMATION OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OF ANY THIRD PARTIES OFFERED VIA THE WEBSITE OR SERVICES.
OTHER THAN EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY. THIS AGREEMENT DOES NOT GRANT YOU ANY GUARANTEE TO THE SERVICES AS REPRESENTED HEREIN OR WARRANT THE PERFORMANCE OF THOSE SERVICES IN ANY WAY. WE OBVIOUSLY DO NOT WARRANT THAT YOU WILL SUCCESSFULLY USE THE SERVICES TO MEET OTHER SINGLES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE INITIAL DATE OF DELIVERY OF THE SERVICES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, YOU AGREE THAT (I) IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES OR FROM BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY ACTION (WHETHER CONTRACT OR TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND, AND (II) IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNTS YOU HAVE PAID TO US DURING THE TERM OF YOUR MEMBERSHIP IN THE SERVICES. YOU ACKNOWLEDGE THAT IF NO FEES HAVE BEEN PAID TO US BY YOU FOR THE SERVICES, THE COMPANY HAS NO LIABILITY TO YOU FOR ANY CAUSE ARISING UNDER THIS AGREEMENT.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY , ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR ASSIGNEES, AGENTS, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES FROM ANY AND ALL LIABILITIES, LOSS, CLAIMS, EXPENSES AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING IN ANY WAY OR RELATING TO (I) YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR SERVICES, (II) YOUR VIOLATION OF THE AGREEMENT OR OF ANY LAW OR RIGHTS OF ANY THIRD PARTY, OR (III) YOUR USER CONTENT OR OTHER MATERIAL YOU POST ON THE WEBSITE OR THROUGH THE SERVICES, INCLUDING IN EACH CASE ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.
Export Controls and Taxes
None of the products or underlying information or technology relating to Service may be exported or re-exported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. In the event the Federal Acquisition Regulations ("FAR") or DFARS is applicable to this Agreement, Service is provided only with "Restricted Rights" as defined in Sec. 52.227- 19 or Sec. 252.227-7013(c)(1)(11), respectively, as applicable. We are not responsible for paying any sales or use tax imposed at any time whatsoever on the use or licensing of the Services or any other products.
You may contact us by writing or emailing us as follows:
221 Rhynders Road
Staatsburg, NY 10022
Governing Law and Mandatory Arbitration
By accepting these terms you agree that any controversies arising out of the terms of this Agreement or its interpretation shall be settled in New York State in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
Terms were last updated January 02, 2011