THEDATEZONE.COM, LLC Terms of Use Agreement

Welcome to THEDATEZONE.COM, LLC (“THEDATEZONE.COM”) the online dating service for adults who want to meet the face behind the face through video and audio dating.  When you SIGN UP for a membership offered by THEDATEZONE.COM and/or use the services offered on THEDATEZONE.COM’s Website (“Website”), you agree to be bound by these Terms of Use ("Agreement"), even if you do not register as a member ("Member").  In order to become a Member, communicate with other Members and make use of the THEDATEZONE.COM service (the "Service"), please read these Terms of Use and show your acceptance of the terms where indicated.

The terms and conditions detailed in this Terms of Use Agreement, form the legal agreement between you and THEDATEZONE.COM in connection with your use of the Website and your membership in the Service and may be modified by THEDATEZONE.COM from time to time, such modifications to be effective upon posting by THEDATEZONE.COM on the Website. This Agreement includes THEDATEZONE.COM's Privacy Policy, and any notices regarding the Website.

Section 1.  Representation of Adult Status.  

To register as a member of THEDATEZONE.COM or to use the Website, you must be at least eighteen years old.  Membership in the Service may be prohibited in some areas, and as such is void in those areas.  By using the Website, 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.

Section 2.  Term.

While you use the Website and/or a Member, this Agreement will remain in full force and effect.  You may terminate your membership at any time according to Section 3 of this Agreement, by following the instructions detailed in Cancel Service, or upon receipt by THEDATEZONE.COM of your written notice of termination sent to: 910 South Michigan Avenue, Suite 407, Chicago, Illinois 60605.   THEDATEZONE.COM may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to THEDATEZONE.COM.  If THEDATEZONE.COM terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.  Even after your membership is terminated, Sections 7 and 8 and Sections 11 through 16 remain in effect.

Section 3.1.  General Terms.

The credit card that you provide as part of your Sign Up data for THEDATEZONE.COM will automatically be billed.  All currency references are in U.S. Dollars.

Section 3.2.  Payment for Membership Plans. 

The payment for your membership occurs on a pre-pay basis and the payment and billing terms will be automatically renewed at the end of your membership term.  The membership plan you choose will determine the payment and billing terms.  For example, if you choose the one month membership plan that includes the SmartVideo's Basic Service and A Free Web Camera and Headset (which will be shipped to you within one week), you will be immediately billed $24.95 for the initial one month membership term plus ($4.95 shipping and handling) upon your Sign Up. After your initial one-month membership period you will be billed $24.95 per month.

Section 3.3.  Cancellation for Membership Plans.

Please note: payment for memberships are non-refundable; however, you will have three days from the date of your intial Sign Up to cancel and receive a full refund. If you cancel your membership before the end of the term for which you paid, your cancellation will take effect at the end of that term. For example, if you subscribe to a six month membership, and you cancel after one month, you will still have the service until the end of the six months.  If you cancel on the 15th day of a one month membership term, you will still have the service until the end of the month.

Section 3.4.  Return of Web Camera and Headseat.

In the event you want to return the web camera and headseat for a refund, you must return it in its original packaging within fourteen (14) days of your purchase and Sign Up to:  910 South Michigan Avenue, Suite 407, Chicago, Illinois  60605 (“Return Conditions”).  Upon fulfillment by you of the Return Conditions, the credit card you provided at your Sign Up will be credited within the next two billing cycles.

Section 3.5.  Termination.

If your credit card is invalid for any reason, your membership will be suspended or cancelled immediately and all the information contained within your membership profile will be deleted permanently.  THEDATEZONE.COM accepts no liability for any information that is deleted due to an invalid credit card.

Section 4.  Responsibility. 

You acknowledge that we are not responsible for suspension of the Service, regardless of what causes the interruption, and you are not entitled to a refund of any amounts you paid for use of the Service.  We may discontinue or change the Service or its availability to you at any time.

Section 5.  Commercial Member Prohibition.  

THEDATEZONE.COM promotes the use if its Website for the personal use of individual Members only and prohibits the Website’s use 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 will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Section 6.  Security.

Your member profile and account is private and should not be used by anyone other than yourself.  You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

Section 7.  Proprietary Rights in Content on THEDATEZONE.COM.

THEDATEZONE.COM owns and retains all proprietary rights in the Website and the Service.  The Website contains the copyrighted material, trademarks, and other proprietary information of THEDATEZONE.COM, and its licensors.  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.

Section 8.  Content Posted on the Website.

As a Member or user of the Service, you agree that THEDATEZONE.COM reserves the right but is not obligated, to review and delete any content, messages or audio and/or video profiles (collectively, "Content") that in the sole discretion of THEDATEZONE.COM violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of its Members.

You understand and agree that you are solely responsible for the Content that you publish, post or display on the Service, or transmit to other Members.

By publishing, posting or displaying Content to or in any public area of THEDATEZONE.COM, you automatically grant, and you represent and warrant that you have the right to grant, to THEDATEZONE.COM 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.

The following list, though not all-inclusive, includes the kind of Content that is illegal or prohibited on the Website. THEDATEZONE.COM 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 prohibited or offending content from the Service and terminating the membership of the abusing members. It includes Content that:

■  includes any nudity, pornography or vulgarity in the member’s profile or communication that would be offensive to the reasonable person;
■  supports or encourages any kind of racism, bigotry, hatred or physical harm against any group or individual;
■  harasses or promotes harassment of another person;
■  involves the broadcast or transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
■  is fraudulent, misleading or otherwise unlawful or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
■  violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights;   
■  contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
■  presents material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
■  presents instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
■  seeks passwords or personal identifying information for commercial or unlawful purposes from other users; and

You must use the Service in a manner consistent with any and all applicable laws and regulations and may not include in your Member profile any telephone numbers, street addresses, last names, URL's or email addresses.

THEDATEZONE.COM prohibits its members from distributing, promoting or otherwise publishing any material containing any solicitation for funds, advertising or solicitation for goods or services.  You agree not to send any chain letters or junk email to other Members.  Although THEDATEZONE.COM cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order 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.  To protect our Members from receiving prohibited communications, THEDATEZONE.COM 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 THEDATEZONE.COM deems appropriate in its sole discretion.

Section 9.  Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Section 10.  Member Disagreements.

As a Member, you are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes or disagreements between you and other Members.

Section 11.  Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

Section 12.  Disclaimers.

THEDATEZONE.COM is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. THEDATEZONE.COM is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. THEDATEZONE.COM 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. THEDATEZONE.COM 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 Website 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 THEDATEZONE.COM be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and THEDATEZONE.COM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. THEDATEZONE.COM cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Section 13.  Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will THEDATEZONE.COM 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 Website or the Service, even if THEDATEZONE.COM has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, THEDATEZONE.COM’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 THEDATEZONE.COM for the Service during the term of membership.

Section 14.  Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Illinois 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 Illinois, City of Chicago.

Section 15.  Indemnity.

You agree to indemnify and hold THEDATEZONE.COM, 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.

Section 16.  Other.

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and THEDATEZONE.COM regarding the use of the Website 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.