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RightPlaceRightTime.net Terms of Service Agreement

Effective February 19, 2004. Last updated September 08, 2004.

Welcome to RightPlaceRightTime.net (the "Web site"), an Internet-based social facilitation service that enables adult individuals who have had an initial positive chance encounter to meet one another online. This Web site is operated by RightPlaceRightTime.net, LLC (the "Company" or "rprt.net"). By using this Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and you agree to be bound by these Terms of Service, as they may be amended from time to time, whether you are visiting the Web site without registering or whether you register as a member ("Member").

1. Membership Eligibility. Membership is open only to U.S. citizens who are at least eighteen years of age and who are single. Companies and other business entities, in any form, may not become Members. Membership in and use of the Web site is void where prohibited.

2. No Impersonation. You agree not to impersonate any person, whether real or fictitious.

3. Unique Screen Name and Password. Upon registration, you will choose a unique screen name and password combination which may not be shared. You are solely responsible for all activities that occur under your screen name/password combination.

4. Term. These Terms of Service will remain in effect while you use the Web site and/or are a Member. Sections 6, 8, 11-15, and 16-17 will survive any termination of these Terms of Service, and will remain in effect until released in writing by rprt.net.

5. Membership Termination.

(a) Term of Membership.  Annual registration fee (if any) covers membership for one year. After one year, you may elect to renew membership. If you choose not to renew, your membership will automatically expire one year from the date of registration. From time to time, registration fee and term may be altered for promotional purposes. The term of any individual promotion will remain in force as specified by the promotion. Any paid registration guarantees use of the site for one year as long as the site is operational. If, for any reason, the site is no longer operational, you will be refunded your registration fee in its entirety if you did not have access to its use for one full year.

(b) Termination by Member.  You may terminate your membership at any time by following the instructions on the My Profile page. If you terminate your membership, you will forfeit any enrollment fee, if applicable, that you had previously submitted.

(c) Termination by rprt.net.  rprt.net may terminate your membership for any reason, effective upon sending notice to you at the e-mail address you provide in your membership application, or such other e-mail address as you may later provide to rprt.net. If rprt.net terminates your membership because you have breached the Agreement, you will not be entitled to a refund of any enrollment fee, if applicable.

6. Lawful Uses Only. You must use the Web site in a manner consistent with all applicable local, state, national and international laws and regulations. Use of the Web site or any information obtained from the Web site to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member, without their prior explicit consent, is strictly prohibited.

7. Intellectual Property. This Web site is protected by federal and state intellectual property laws. Unless you first obtain the written consent of rprt.net, you may not copy, modify, translate, publish, transmit, distribute, perform, display, or sell any content included in this Web site, nor may you remove, alter, or obscure any copyright notice appearing on this Web site. You also may not modify, disassemble, decompile, reverse engineer, or apply any process, technique or procedure to ascertain the source, source listings, or any other proprietary information contained therein, except and only to the extent such activity is expressly permitted by law.

8. Member Profile Restrictions. Your Member profile may not contain any telephone numbers, street addresses, last names, URLs, e-mail addresses, or any other personally-identifiable information.

9. Postings.

a. You are solely responsible for all messages, content, and other material that you post on this Web site (collectively, "Posting" or "Postings"), and for all consequences of such Postings.
b. You agree that rprt.net may, at any time, investigate, review, and delete any Posting that rprt.net, in its exclusive discretion, considers to be a violation of the law or these Terms or to be a threat to the safety of Members. Rprt.net reserves the right to take appropriate legal action against anyone who violates this provision
c. You agree not to provide any inaccurate, misleading or false information to the Company or to any Member.
d. You grant to rprt.net an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display, and distribute any of your Membership Postings, in whole or in part, to prepare derivative works based on your Membership Postings, in whole or in part, and/or to incorporate the Membership Postings, in whole or in part, into any form or medium, now known or hereinafter discovered, and to grant and authorize sublicenses of the foregoing, all without any payment to, or additional approval from, you. You warrant that you have the right to grant such license to rprt.net.
e. Set forth below is a representative sampling, without limitation, of the type of Postings prohibited on the Web site:
(i) Any Posting that contains personal, racial, or religious attacks or that is otherwise negative or disparaging;
(ii) Any Posting that violates or fosters the violation of any law, regulation, or ordinance;
(iii) Any Posting that is lewd, indecent, offensive, or otherwise in poor taste;
(iv) Any Posting that involves the transmission of spam, junk mail, chain letters, or other unsolicited email;
(v) Any Posting that is false or misleading, deceptive, or fraudulent or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(vi) Any Posting that infringes the privacy rights, intellectual property rights, or any other rights of any individual or entity;
(vii) Any Posting that contains restricted or password-only access pages, or that contains hidden pages or images; and
(viii) Any Posting that is exploitive of, or that solicits information from, any person under the age of 18.
(ix) Any Posting that advertises or solicits the purchase or sale of any products or services, or that it used for any other commercial purposes. To protect our Members from such advertising or solicitation, rprt.net reserves the right, in rprt.net's sole discretion, to restrict the number of emails that may be sent from one Member to another Member or Members.
f. You will respond to any given posting only if there is good reason to believe it may have been posted to find/contact you.
g. Each posting will remain in the system for 90 days from the date of the posting, after which it will be deleted.

10. Copyright Infringement Notification Policy. If you become aware of any material located on this Web site that you believe infringes your copyright(s), then you are asked to immediately notify us, pursuant to Title 17, United States Code, Section 512(c)(2), and send such notification to our designated agent at:

Copyright Officer
RightPlaceRightTime.net, LLC
P.O. Box 566
Bryn Mawr, PA 19010
 
Your notification must include the following:
  a. A clear statement describing the material that is allegedly protected by copyright;
  b. A clear statement describing the material on the Web site that is allegedly infringing the copyrighted material from Point a.;
  c. Your mailing address, telephone number, fax number and email address;
  d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  e. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  f. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 
Once we receive proper notification, rprt.net will disable or remove the disputed content.

11. Member Disputes. You are solely responsible for your interactions with other rprt.net Members, but rprt.net reserves the right, in its sole discretion, to monitor disputes between you and another Member or Members.

12. Privacy. Use of the Web site is governed by our Privacy Policy.

13. Disclaimers. rprt.net cannot guarantee and does not promise any specific results from use of the Web site. TO THE FULLEST EXTENT PERMISSIBLE, RPRT.NET, INCLUDING ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THIS Web site, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF INFRINGEMENT, AND MERCHANTABILITY. Use of this Web site is at your own risk, with the Web site being provided on an "AS IS" basis. Despite our efforts, rprt.net cannot guarantee that the use of this Web site will be free from defects or disruptions, that this Web site is free of viruses or other harmful components, or that this Web site will be secure. rprt.net is not responsible for any incorrect or inaccurate content posted on the Web site. rprt.net is not responsible for the conduct, online or offline, of any user of the Web site or any Member. rprt.net 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. rprt.net 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 email 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 to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web site. UNDER NO CIRCUMSTANCES WILL RPRT.NET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM OR RELATED IN ANY WAY TO ANYONE'S USE OF THE WEB SITE OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE.

14. Waiver/Limitation of Liability. rprt.net shall not be liable for any damages (e.g., direct, indirect, incidental, special, consequential, or punitive) related to your use of or inability to use this Web site. Accordingly, you agree to release, waive and hold rprt.net, and its owners, officers, employees, agents, and affiliates harmless from any type of claim for liability or damages that may result or arise from, or otherwise relate in any way to, your use of this Web site. If you are located in a state that does not allow for the limitation and/or exclusion of liability for consequential or incidental damages, then the above limitation/exclusion may not entirely be applicable to you. Notwithstanding anything to the contrary contained herein, rprt.net'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 rprt.net for the Service during the term of membership.

15. Third-Party Products/Services. This site contains links to Web sites operated by third parties and advertisements for goods and/or services offered by third parties. Inclusion of these links and advertisements does not imply any endorsement of the materials on the sites or of the products and/or services advertised, nor does it apply any association with their operators. The links and advertisements are provided for your convenience and/or for advertising purposes. We have no control over these third parties, and are not responsible for your transactions or experiences with them. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Web site, 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. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.

16. U.S. Export Controls. Software from this Web site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Jurisdiction/Venue/Choice of Law. You agree that any dispute about or involving or related to the Web site will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Pennsylvania, City of Philadelphia.

18. Indemnification. You agree to indemnify, defend, and hold rprt.net, its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including attorney's fees, made by any third party due to or arising out of your use of the Web site 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.

19. Amendments. These Terms of Service may be modified by rprt.net from time to time, at rprt.net's sole discretion. It is the responsibility of users of this Web site to consult these Terms of Service for amendments. Your use of this Web site following the posting of such modifications means that you accept the Terms of Service as amended.

20. Entire Agreement. These Terms of Service, accepted upon use of the Web site, contain the entire agreement between you and rprt.net regarding use of the Web site. In the event that any provision of this Agreement is held invalid, the remainder of the Terms of Service shall continue in full force and effect.

Please contact us with any questions regarding this agreement.

 

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RIGHTPLACERIGHTTIME, RPRT and FATE HAPPENS are registered service marks of RightPlaceRightTime.net, LLC.
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