Sunshine Dates, Inc.
Terms of Service
1. ACCEPTANCE OF TERMS/DESCRIPTION OF SERVICE
Welcome to Sunshine Dates, Inc., a herpes dating service for adults 18 and over to meet people online with Herpes and/or the Human Papilloma Virus. By using the Sunshine Dates, Inc., a herpes dating website (the "Site") you agree to be bound by these Terms of Service ("TOS"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the Sunshine Dates, Inc. service (the "Service"), read these Terms of Service and indicate your acceptance of them by selecting I AGREE to these terms of service.
This Agreement sets out the legally binding terms of your use of the Site and your membership in the Service and may be modified by Sunshine Dates, Inc., from time to time, such modifications to be effective upon posting by Sunshine Dates, Inc. on the Site. This Agreement includes Sunshine Dates, Inc., Policy for Content Posted on the Site, Sunshine Dates, Inc.'s Privacy Policy, and any notices regarding the site. You may also receive a copy of this Agreement by emailing us at: admin@sunshinedates.com, Subject: Terms of Use Agreement.
2. PAYMENT TERMS
Payment occurs automatically and is renewed at the end of your term. Your term depends on your subscription type and date. For example, if you choose the one-month plan, you will be billed on the same date each month. If you choose the yearly plan, you will be billed on the date you subscribed. If you have been given a free offer for a specific number of days, your billing will not begin until your free period ends. For example, if you subscribe on December 4th for a monthly subscription and receive a week free, you will not be billed until December 12th, then again on January 12th and so on until you decide to cancel.
REFUND POLICY
Sunshine Dates, Inc. is a subscription-based service, and payment in advance is for full access to the site for the requested subscription period. Any site access after purchasing the subscription represents "use" of the subscription. All payments are final: if a member makes a payment and subsequently cancels their account, Sunshine Dates, Inc. will not offer a refund for any unused portion of the subscription. Sunshine Dates, Inc. offers refunds only if there is a billing error by Sunshine Dates, Inc. or its payment processor(s). The refund will be processed within 72 hours of notification to Sunshine Dates, Inc. that there has been a billing error. Notification must be provided in one of three ways: either email to admin@sunshinedates.com, a message sent through the Contact Us page on the Sunshine Dates, Inc. website, a letter to Sunshine Dates, Inc. at its mailing address.
If you cancel prior to the date of your auto-renewal and are inadvertently charged the renewal fee, please send an email to admin@sunshinedates.com to have the charges reversed.
3. CANCELLATION NOTICE
If you wish to cancel your membership, send an email to admin@sunshinedates.com with the Subject: Cancellation. Please allow at least 72 hours for cancellation.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the herpes dating Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Sunshine Dates, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete OR Sunshine Dates, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If your credit card is invalid for any reason, your account will be suspended or cancelled immediately and all information may be deleted off the site. Sunshine Dates, Inc. accepts no liability for information that is deleted due to an invalid credit card.
5. SUNSHINE DATES PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.
Sunshine Dates, Inc. does not rent, sell, or share personal information about you with other people or nonaffiliated companies.
o We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
o We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Sunshine Dates, Inc. terms of use, or as otherwise required by law.
o We transfer information about you if Sunshine Dates, Inc. is acquired by or merged with another company. In this event, Sunshine Dates, Inc. will notify you before information about you is transferred and becomes subject to a different privacy policy.
6. CONFIDENTIALITY AND SECURITY
- Sunshine Dates, Inc. uses industry-standard SSL-encryption to protect data transmissions.
7. CHANGES TO TOS OR PRIVACY POLICY
- Sunshine Dates, Inc. may provide notices that may include changes to the TOS or the privacy policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Sunshine Dates, Inc. account or by placing a prominent notice on our site.
8. QUESTIONS AND SUGGESTIONS
Sunshine Dates, Inc.
Customer Care - Privacy Policy Issues or TOS Issues
6916 Lake Place Court
Tampa, FL 33634
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the herpes dating Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sunshine Dates, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sunshine Dates, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section called Member Account, Password and Security.
a. Eligibility: You must be eighteen or over to register as a Member of Sunshine Dates, Inc. or use the Site. Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
b. Term: This Agreement is in effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Membership Form in Manage Profile. If Sunshine Dates, Inc. terminates your membership in the Service because you have breached the TOS, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
c. Non-Commercial Use by Members: The Site 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 Site for any purpose. Illegal and/or unauthorized uses of the Site, 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 Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
d. Proprietary Rights in Content on Sunshine Dates, Inc.: Sunshine Dates, Inc. owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Sunshine Dates, Inc. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You agree not to reproduce, duplicate, copy, sell, trade or resell or exploit for any commercial or personal purposes, and portion of the Service, use of the Service or access to the Service
10. CONTENT POSTED ON THE SITE
a. You understand and agree that Sunshine Dates, Inc. may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Sunshine Dates, Inc. violate the TOS or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sunshine Dates, Inc. are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Sunshine Dates does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sunshine Dates, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Without limiting the foregoing, Sunshine Dates, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sunshine Dates, Inc., or submitted to Sunshine Dates, Inc., including without limitation information in Sunshine Dates, Inc. and in all other parts of the Service.
c. You acknowledge that Sunshine Dates does not pre-screen Content, but that Sunshine Dates and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. By posting Content to any public area of Sunshine Dates, Inc., you automatically grant, and you represent and warrant that you have the right to grant, to Sunshine Dates, Inc. 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.
d. You acknowledge, consent and agree that Sunshine Dates, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: a) comply with a legal process; b) enforce the TOS; c) respond to claims that any Content violates the rights of third-parties; d) respond to your requests for customer service; or e) protect the right, property, or personal safety of Sunshine Dates, Inc. users and the public.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Sunshine Dates, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
YOU AGREE NOT TO USE THE SERVICE TO INCLUDE CONTENT THAT:
a. Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harasses or advocates harassment of another person;
c. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
d. Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. 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 files; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
g. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 or harms minors in any way,
h. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses,
i. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
j. Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
k. Impersonates any person or entity, including, but not limited to, a Sunshine Dates official, Support Group leader, host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
m. Uploads, posts, emails, transmits or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
n. Uploads, posts, emails, transmits or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o. Interferes with or disrupt the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service; Any unauthorized use of Sunshine Dates, Inc. computer systems is a violation of the Sunshine Dates, Inc. Terms of Service.
p. Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
q. Is in a manner not consistent with any and all applicable laws and regulations.
r. Provides personal information in your Member profile such as, telephone numbers, street addresses, last names, URLs or email addresses.
s. Involves the advertising to, or solicitation of other Members to buy or sell any products or services through the herpes dating Service. Includes the transmission of any chain letters or junk email to other Members.
t. Harasses, abuses, or harms another person, or might try to contact, advertises to, solicits, or sells to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Sunshine Dates, Inc. reserves the right to restrict the number of emails, which a Member may send to other Members in any 24-hour period to a number which Sunshine Dates, Inc., deems appropriate in its sole discretion. Sunshine Dates, Inc. cannot monitor the conduct of its Members off the Site.
11. MEMBER DISPUTES
You are solely responsible for your interactions with other Sunshine Dates, Inc. Members. Sunshine Dates, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. DISCLAIMERS
Sunshine Dates, Inc. a herpes dating service for Florida, is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. Sunshine Dates, Inc. is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service.
Sunshine Dates, 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. Sunshine Dates, 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 email or Services on account of technical problems or traffic congestion on the Internet or at any 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 and/or in connection with the Service.
Under no circumstances will Sunshine Dates, Inc. be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. Your use of this site is at your sole risk. The Site and the Service are provided "AS-IS" and Sunshine Dates, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Sunshine Dates, Inc. a Florida herpes dating services, makes no warranty that the use of the Service will meet your requirements, will be uninterrupted, timely, secure, or error-free. Sunshine Dates, Inc. cannot guarantee and does not promise any specific results from use of the Site and/or the Service. Sunshine Dates, Inc. cannot and will not be liable for a bad date, for someone who has misrepresented themselves in their ads, lack of people on the site to date or for lack of responses to your ad.
13. GENERAL USE AND STORAGE
You acknowledge that Sunshine Dates, Inc. may enforce general practices and limits concerning the use of the Service. These include but are not limited to the maximum number of days that email messages, message board postings or other uploaded Content that might be retained by the Service, the maximum number of email messages that may be sent from or received by an account, the maximum size of an email message that may be sent or received by an account and the maximum disk size that Sunshine Dates, Inc. allocates to you on Sunshine Dates, Inc. servers and the maximum number of times you may access the Service in a given period of time. You agree the Sunshine Dates, Inc. has no liability or responsibility for the deletion or failure to store any messages and other communications or Content maintained or transmitted by the Service. You acknowledge that Sunshine Dates, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You also agree that Sunshine Dates, Inc. reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Sunshine Dates, Inc. reserves the right at any time and from time to time to modify or discontinue, permanently or temporarily, the Service in its entirety with or without notice. You agree that Sunshine Date, Inc. shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. TERMINATION
You agree that Sunshine Dates, Inc. may under certain circumstances and without prior notice, immediately terminate your Sunshine Dates, Inc. account and access to the service. Termination may include but is not limited to a) violation of the TOS or other agreements or guidelines, b) requests by law enforcement or government agencies, c) a request by you the user, d) discontinuance of the Service, e) unexpected technical or security problems, or f) extended periods of inactivity.
You agree that Sunshine Dates, Inc. will not be held liable to you or any parties for termination of your account. You also agree that it is Sunshine Dates, Inc. exclusive discretion to terminate an account for these or other reasons not listed above.
16. LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Sunshine Dates, Inc., a herpes dating service, 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 Service, even if Sunshine Dates, Inc. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sunshine Dates, Inc.’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 Sunshine Dates, Inc. for the Service during the term of membership.
17. DISPUTES
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Florida 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 Florida, City of Tampa.
18. INDEMNITY
You agree to indemnify and hold Sunshine Dates, Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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. GUIDELINES FOR POSTING YOUR AD
a. Do not post an ad for another person. You can only post an ad for yourself.
b. Do not post anyone’s full name, addresses, phone numbers or other personal identifiers.
c. Do not post web addresses, email addresses, or instant messenger identifiers.
d. Do not post sexually explicit pictures, or adult content.
e. Do not post questionable material, obscene or questionable material.
f. Do not harass or threaten or use vulgar language.
g. Do not post a profile if you are just looking for a pen pal. You must be willing and able to connect with another person for a relationship if someone interests you.
h. Do not post a profile if you are currently involved in a relationship or are married.
i. Do not post a profile that solicits multiple partners or married couples.
j. Do not post a profile using another language other than English.
k. Do not post a profile that is more than a year old.
l. Do not post a photo if: you are not in it, the photo is not clear, more than just you are in it, you are wearing sunglasses, you are wearing a hat.
Sunshine Dates, Inc., a herpes dating service, reserves the rights to review, edit, reject, or remove any content that Sunshine Dates, Inc. determines in its sole discretions to be a violation of these guidelines.
20. OTHER
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Sunshine Dates, Inc. regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Sunshine Dates, Inc. has created this privacy statement in order to demonstrate our firm commitment to your privacy. The following discloses the information gathering and dissemination practices for this Web site: http://www.sunshinedates.com
Information Automatically Logged
We use your IP address to gather broad demographic information. IP address are generally dynamically allocated (different every time you log on). We use this information to get a general feeling of how many people visit the site and from where they are referred. This is done by our web host using standard logging technology.
Cookies
Our Site uses cookies to save your password so you don't have to re-enter it each time you visit a page on the site. The cookie is session based (sits in the header information sent to the browser) and is destroyed after you close your browser. The cookie neither reads nor writes anything to or from your computer but cookies must be enabled to use the site as a member.
Registration Forms
Our site's registration form requires members to give us contact information (like their name and email address).
Contact information from the registration forms is used to create a unique record to identify the user to the system and for sending information to the member but cannot and is not used for any other purpose.
Members may opt-out of receiving future mailings; see the choice/opt-out section below.
Demographic and profile data is also collected at our site. This is used for your profiles and is made available to other members for the purpose of their contacting you in the event that your profile attracts their favorable attention.
External Links
This site contains links to other sites. Sunshine Dates, Inc. is not responsible for the privacy practices or the content of such Web sites.
Choice/Opt-Out
Our site provides members the opportunity to opt-out of receiving promotional/marketing information from us.
Click the My Information button after logging in and amend/delete your registration. Note: You may still receive important information regarding the operation of the site from time to time even if you opt out of the newsletter. This is a condition of being a member.
Data Quality/Access
This site gives members the following options for changing and modifying information previously provided: click the profile button after logging in and amend/delete your profile.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: admin@sunshinedates.com |
