StrangeAngels.com is an online dating site that involves two different types of users. There are "Members" who are those looking to find a companion. And there are "Matchmakers" who are those volunteering to help the Members. Matchmakers play a special role on the site, but ultimately are just like any other users. They are people who have registered an account to use the Website, and are interacting with other account holders on the site. The goal of Strange Angels is to get people helping each other in their quest for companionship, so we wish to encourage as much interactivity between the users of the site as possible. But we are merely creating the environment -- we are not managing the activity. Just as a company like Google cannot be held responsible for the emails you send while using their services, we cannot be held responsible for the messages you send while using ours. Likewise, we do not have the resources to conduct background checks on the users of the site and cannot verify the authenticity, credibility, or character of the users. By registering for an account with Strange Angels, you understand it is the virtual equivalent of walking into a bar, and if you were to leave the bar with another patron, the bar owner cannot be held responsible for anything that happens (or doesn't happen) next. Likewise, if you decide to meet up in person with another user of Strange Angels, this activity is outside our control, and therefore, we cannot be held responsible for it. We are very serious about doing our best to maintain a community of decent, trustworthy people, and if we ever learn that one of our users is conducting him or herself in a manner we deem inappropriate, we will immediately ban this person. But even our most diligent efforts will fall short of perfection, and it should generally be assumed that some users of the site may be dangerous, and you should take necessary precautions.
In the course of using Strange Angels, you will probably upload some photos, writing, and other material. You will always maintain full ownership and rights to your material -- but by handing off the material to us, you are giving us permission to display it on our site. Section 2 of this Agreement addresses this in more detail, but because there has been increased attention to copyright ownership on the internet, it requires some additional explanation. We do not have any intention or desire to do anything with your material other than display it on our Website. If you include a poem in your profile, we are not going to publish it in a book (although, an anthology of online dating poetry could be entertaining, we admit). But by having the content on our servers, we need the rights to that material. Otherwise, we wouldn't have the right to display the photo you uploaded. The process of displaying your content could involve distributing the material to other servers that may not technically be registered under the domain "strangeangels.com" but are still being used by us to store data. So just to ensure we are fully complying with the law, we do need to have rights to anything you give us.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Strange Angels, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your StrangeAngels.com Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Strange Angels of any unauthorized uses of your account or any other breaches of security. Strange Angels will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.2. Responsibility of Account Holder. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
3. Without limiting any of those representations or warranties, Strange Angels has the right (though not the obligation) to, in Strange Angels' sole discretion (i) refuse or remove any content that, in Strange Angels' reasonable opinion, violates any Strange Angels policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Strange Angels' sole discretion. Strange Angels will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal.
5. Responsibility of Account Holders. Strange Angels has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Strange Angels does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content deemed by some to be offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Strange Angels disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Posted Content. We have not reviewed, and cannot review, all of the material posted to StrangeAngels.com by its members. By linking to a non-StrangeAngels.com website or webpage, Strange Angels does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Strange Angels disclaims any responsibility for any harm resulting from your use of non-Strange Angels websites and webpages.
7. Copyright Infringement and DMCA Policy. As Strange Angels asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by StrangeAngels.com violates your copyright, you are encouraged to notify Strange Angels. Strange Angels will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Strange Angels will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Strange Angels or others. In the case of such termination, Strange Angels will have no obligation to provide a refund of any amounts previously paid to Strange Angels.
8. Intellectual Property. This Agreement does not transfer from Strange Angels to you any Strange Angels or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Strange Angels, and all other trademarks, service marks, graphics and logos used in connection with Strange Angels, or the Website are trademarks or registered trademarks of Strange Angels or Strange Angels' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Strange Angels or third-party trademarks.
9. Contact With Other Members. Any and all interaction with other users of Strange Angels is done so at Your own personal risk. You recognize that You are responsible for your own safety, and will not hold Strange Angels responsible for any personal harm, damages, or otherwise undesirable circumstances brought about by other users of the Website. If you have reason to believe an account holder on the Website poses a threat to others, you agree to notify Strange Angels immediately.
10. Use of Matchmakers. People acting as Matchmakers on the Website are not associated with Strange Angels and are not in any way endorsed by Strange Angels. Entering into a partnership with a Matchmaker is at your own risk, and is subject to the same conditions as outlined in section 9 of this agreement. You understand that Strange Angels offers no assurances of the effectiveness of Matchmakers, or their ability to assist you, and you agree not to hold Strange Angels responsible for Matchmaker's conduct.
11. Finding Companions. Strange Angels is providing tools to help you find a companion, but does not guarantee the effectiveness of those tools. Strange Angels offers no guarantees that you will find a companion, date, spouse, or significant other by using the Website and the services of Strange Angels. You agree not to hold Strange Angels responsible if your search for a companion proves unsuccessful.
12. Changes. Strange Angels reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Strange Angels may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Termination. Strange Angels may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StrangeAngels.com account (if you have one), you may do so through your Settings panel, or in the event you are unable to access your panel, by contacting Strange Angels directly. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties. The Website is provided "as is". Strange Angels and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Strange Angels nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability. In no event will Strange Angels, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Strange Angels under this agreement during the twelve (12) month period prior to the cause of action. Strange Angels shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification. You agree to indemnify and hold harmless Strange Angels, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. Miscellaneous. This Agreement constitutes the entire agreement between Strange Angels and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Strange Angels, or by the posting by Strange Angels of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Queens County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Strange Angels may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.