SeekDating.com ("SeekDating") is a comprehensive dating
directory that provides you with access to this Web site and the
services available on it, or other Web sites as indicated below
(collectively, the "Services"). By accessing or using
the Services, you agree to be bound by the Terms of Agreement (the
"Agreement"), and your acknowledgment of its terms.
1. Links to Other Sites
Under this Agreement, you are authorized to access and use the Services
for your personal and non-commercial use. SeekDating provides search
listings of third party advertisers to enhance your search result.
The sites listed as links only served as a convenience to you, NOT
an endorsement, authorization, sponsorship, or affiliation by SeekDating
with respect to such site, its owners, or its providers. We make
no control or representations whatsoever concerning the content
of those sites, including but not limited to, the quality, safety
or legality of items available on our advertisers' Web sites or
sites of those third parties, and the accuracy of the content and
the availability or technical capabilities of from those advertisers
or third parties. SeekDating is not liable or responsible for content
supplied by third parties, or for actions you might take in reliance
on that content. We caution you to make sure that you completely
understand these risks before retrieving, using, or relying upon,
anything via the Internet.
2. Proprietary Rights of Content on this Site
SeekDating owns and retains other proprietary rights in this Site
and the Service. Except for that information which is in the public
domain or for which you have been given permission, you may not
copy or display for redistribution to third parties for commercial
purposes any information, products, or service obtained by your
use of the Services. You may not "frame" or "mirror"
any part of the Site, not display through your own Web site any
results pages or other information from the Services without SeekDating's
express permission.
The Site contains the Proprietary Rights of Content, including
but not limited to, the copyrighted material, trademarks, the technology
underlying, and other proprietary information of SeekDating and
its licensors.
SeekDating may deny you access to all or part of the Services without
prior notice if you are found breached this Agreement, or violated
the rights of SeekDating or any third party, as determined in its
sole discretion.
3. Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIC, WITHOUT
WARRANTY OF ANY KIND. SEEKDATING CLAIMS NO LIABILITY TO ANY WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS,
TIMELINESS OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED
IN THIS WEBSITE. YOU ASSUME THE SOLE RESPONSIBILITY FOR RISKS THAT
ARISE FROM THE UTILIZATION OF THIS SITE, EITHER IN SEARCH RESULTS,
BANNER ADVERTISEMENTS, OR OTHER THIRD PARTY LINKS.
4. Limitation of Liability
SEEKDATING CLAIMS IMMUNITY FROM LIABILITY TO THE FULLEST EXTENT
UNDER THE LAW AND FOR THE CONTENT AND SERVICES PROVIDED BY THIRD
PARTIES. SEEKDATING IS NOT RESPONSIBLE FOR THE PRICE, TERMS, PRODUCTS
PROVIDED BY ITS ADVERTISERS, AND DOES NOT GUARANTEE THE SERVICES
OFFERED BY ANY OF ANY ADVERTISER. WHEN YOU HAVE DISPUTE WITH ONE
OR MORE ADVERTISERS, YOU AGREE TO RELEASE SEEKDATING AND ITS OFFICERS,
DIRECTORS, AFFILIATES, EMPLOYEES, CONTENT PROVIDERS OR SERVICE PROVIDERS
FROM CLAIMS, DEMANDS AND DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED
WITH SUCH DISPUTES.
5. Arbitration of Disputes
You agree that any action at law or in equity arising out of or
related to the agreement shall be filed only in the high court of
hong kong, and that you hereby consent and submit to the exclusive
jurisdiction and venue of such court. No action arising under or
related to the agreement may be brought by either party more than
one year after the cause of action has occurred.
6. Related modification and amendment
We reserve the right at any time to alter or amend this terms of
the Agreement, modify the Site content or feature, or change any
fees or charges for using the Site and the Services. Whatever changes
we make will go into effect from the date of revision. Your use
of the Site after such changes will be deemed acceptance of the
changes.
Back to Top
|
Please read this Agreement carefully. By enrolling as an "Advertiser"
of SeekDating.com, you agree to be bound by these terms and conditions
including all payment terms (collectively, the "Agreement").
In this Agreement, "you" and "your" refers to
the Advertiser. The term SeekDating Network refers to the group
of sites that have entered into a partnership program with SeekDating.com.
1. USE:
The use of the SeekDating.com Web site is the process by which users
search for a desired subject and Advertisers bid for placement of
their search listing in the search results. A search listing, for
purposes of this Agreement, may include, at SeekDating.com's discretion,
text and/or graphics, and is subject to SeekDating.com's approval
and the terms of this Agreement. A listing that appears on the SeekDating.com
Network may (or may not) include a Site Title and Site Description.
SeekDating.com makes no guarantees that listings will appear on
any part of the SeekDating.com Network, and you understand that
SeekDating.com reserves the right to remove your listing from on
any site or application within the SeekDating.com Network.
2.YOUR SITE:
You hereby acknowledge that SeekDating.com is not responsible for
the maintenance of your Web site(s) nor is SeekDating.com responsible
for order entry, payment processing, shipping, cancellations, returns
or customer service concerning orders placed on Advertiser's Web
site(s). You must update your search listings if any information
submitted to SeekDating.com or available on your Web site is no
longer current or fully accurate. You further acknowledge that your
site does not contain any SeekDating.com owned or licensed content,
including but not limited to, any SeekDating.com search listings,
except pursuant to a separate signed search distribution agreement
with SeekDating.com. You grant SeekDating.com the right to access,
index, cache, and display (in connection with your listings) the
Web site(s) connected to your link(s).
3. BID PROGRAM:
The SeekDating.com Bid Program is that program whereby Advertisers
wishing to advertise their web site, services or products, bid for
placement of a listing advertisement appear in the results generated
by SeekDating.com and/or its affiliates in response to search-,
browse-, or contextually-driven keyword queries. The amount of your
bid determines placement of your listing in a category. SeekDating.com
continually updates placement based upon the ongoing results of
the bids. On approval for listing in the directory, a link is charged
according to the bid you set. The minimum rate on SeekDating Network
is $0.05 per click.
4. PAYMENT:
You agree to pay SeekDating.com based on the number of clicks on
your listing advertisement multiplied by the amount that you have
bid to pay for each click on your listing advertisement. The amount
of clicks are measured by tracking reports prepared by SeekDating.com
and you understand and agree that such report shall be the only
and definitive measure of the amount of clicks. You agree to pay
all charges to its account in accordance with SeekDating.com's terms
then in effect at the time a fee is incurred. And you further acknowledge
that its payment obligation hereunder is based solely on the number
of clicks and not on Advertiser's ability to convert clicks to sales.
In the event that you have selected to pay SeekDating.com by credit
card, you agree that SeekDating.com may charge the credit card upon
the issuance of each tracking report reflecting the number of clicks.
You represent that all payment information provided to SeekDating.com
will be accurate and complete. If payment cannot be charged to your
credit/charge/debit card, for whatever reason, or if there is a
chargeback for any reason, SeekDating.com reserves the right to
either suspend or terminate your account with SeekDating.com. Suspension
or termination includes but is not limited to, removal of your search
listings from the SeekDating.com Search Distribution Network.
5. CANCELLATION OR TERMINATION:
If you are dissatisfied with SeekDating.com or with any of the terms
and conditions contained herein, you may terminate your account.
You may at any time cancel your participation in the SeekDating.com
by contacting SeekDating.com team. Upon cancellation of your advertising
campaign, or termination or expiration of this Agreement for any
reason, You shall remain liable for any amount due for clicks already
delivered and for clicks on any ad(s) through the date such cancellation
or termination takes effect. SeekDating.com reserves the right to
cancel your participation in the program at any time, as determined
at its discretion.
6. RIGHT TO REJECT:
All requested URL links, titles, descriptions and bids are subject
to SeekDating.com's approval. SeekDating.com reserves the right
to reject, cancel, remove or change any URL link, title, descriptions
and bids at any time and at its discretion.
7. ADULT CONTENT:
Web sites containing adult oriented material or solely or mostly
of pornographic or erotic material will be rejected by our editorial
staff. SeekDating.com considers a listing to contain "Adult
Content" if the web site includes, promotes, or links to the
following: erotic or sexually explicit images, videos, or text that
includes but is not limited to exposed genitals, individuals in
the act of sexual relations, exhibitionism, masturbation, sodomy,
bondage, bestiality, infantilism, excremental or urination acts
of a sexual nature.
8. YOUR REPRESENTATIONS AND WARRANTIES TO US:
You represent and warrant that (a) all of the information provided
by You to SeekDating.com is correct and current; (b) You hold all
rights to permit SeekDating.com and any Partner(s) to use, reproduce,
display, transmit and distribute your listings. (c) all information
submitted to SeekDating.com will not violate (or encourage conduct
that would violate) any applicable laws or regulations or third
party rights in any state or country in which your listings are
displayed.
9. YOUR OBLIGATION TO INDEMNIFY:
You hereby agree to indemnify and hold SeekDating.com, its affiliates
and their respective employees, consultants and other agents harmless
from and against any third party claim, liability, loss, damages
or expense (including damage awards, settlement amounts, and reasonable
legal fees), brought against any Indemnified Person(s), arising
out of your use of of the SeekDating.com or SeekDating.com network,
and/or your breach of any term of this Agreement. You agree that
you are solely responsible for defending any claim, and for payment
of damages or losses resulting from the foregoing to both a third
party and to SeekDating.com.
10. REFUNDS:
In case that you decide to terminate your account, you must provide
SeekDating.com with prior written notice (email notification is
preferable). Your funds will be kept in your account for 30 days
from your deposit date prior to becoming eligible for a refund.
This period of time is used for advertisers to build an effective
campaign and SeekDating.com can render you with ample support when
needed. After 30 days, you will be eligible to get refund for any
amount not yet charged to your account, Please note that SeekDating.com's
payment obligation doesn't include guarantee on the quality of clicks
Advertiser received and Advertiser's ability to convert clicks to
sales. Reasons for refunds beyond our obligation will not be accepted,
as determined in our sole discretion.
11. DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEEKDATING.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE INCLUDING,
WITHOUT LIMITATION, THE NUMBER OF CLICKS PER LISTING ADVERTISEMENT
WHICH WILL BE DELIVERED AND THE SALES THAT YOUR CAMPAIGN GENERATES.
SEEKDATING.COM MAKES NO REPRESENTATIONS THAT THE OPERATION OF ITS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. SEEKDATING.COM
WILL NOT BE LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT,
ON ACCOUNT OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY
THE PARTIES, A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES
INOPERABLE OR INCAPABLE OF PERFORMING AS INTENDED. YOU FURTHER AGREE
THAT YOU WILL NOT HOLD SEEKDATING.COM RESPONSIBLE FOR ANY ACTS,
ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SEEKDATING.COMBID
PROGRAM, SEEKDATING.COM WEB SITE, AND/OR SITES LINKED TO THROUGH
THE SEEKDATING.COM WEB SITE.
12. LIMITATION OF LIABILITY
SEEKDATING.COM, ITS EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL
NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OR EXPENSE (INCLUDING
REASONABLE ATTORNEY'S FEES) INCURRED BY ADVERTISER IN CONNECTION
WITH THE BID PROGRAM OR INCURRED BY ADVERTISER AS A RESULT OF ANY
SERVICES PROVIDED BY SEEKDATING.COM AND/OR ITS AFFILIATES INCLUDING,
WITHOUT LIMITATION, THE CONTENTS OF ANY WEB SITES OR PAGES, ANY
TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION,
COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED
USE OR ACCESS TO ANY WEB SITES OR RECORDS, OR OTHER INJURY DAMAGE
OR DISRUPTION TO ADVERTISER. IN NO EVENT SHALL SEEKDATING.COM BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
13. ARBITRATION OF DISPUTES
YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR
RELATED TO THE AGREEMENT SHALL BE FILED ONLY IN THE HIGH COURT OF
HONG KONG, AND THAT YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF SUCH COURT. NO ACTION ARISING UNDER OR
RELATED TO THE AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN
ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED.
14. MISCELLANEOUS
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES
RELATING TO THE PARTICIPATION IN SEEKDATING.COM'S BID PROGRAM. SEEKDATING.COM
RESERVES THE RIGHT TO CHANGE THIS AGREEMENT UPON WHICH IT OFFERS
ITS BID PROGRAM TO THE PUBLIC AND MAY CHANGE THIS AGREEMENT BY POSTING
SUCH CHANGES. ADVERTISER'S CONTINUED PARTICIPATION IN THE BID PROGRAM
FOLLOWING SUCH CHANGES SHALL BE DEEMED AN ASSENT TO SUCH CHANGES.
( Revised February 19, 2004 )
Back to Top
|