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TermsCruise the Park is a social networking service that allows members to createunique personal profiles online in order to find and communicate with old andnew friends. The service is operated by Cruise the Park. By using the Cruisethe Park Website you agree to be bound by these Terms of Use (this"Agreement"), whether or not you register as a member("Member"). If you wish to become a Member, communicate with otherMembers and make use of the Cruise the Park services (the "Service"),please read this Agreement and indicate your acceptance by following theinstructions in the Registration process.
This Agreement sets out the legally binding terms for your use of theWebsite and your Membership in the Service.
Please choose carefully the information you post on Cruise the Park and thatyou provide to other Members. Any photographs posted by you may not containviolence, racially offensive subject matter. Information provided by otherCruise the Park Members (for instance, in their Profile) may containinaccurate, inappropriate or offensive material, products or services andCruise the Park assumes no responsibility nor liability for this material.
Cruise the Park reserves the right, in its sole discretion, to reject,refuse to post or remove any posting (including email) by you, or to restrict,suspend, or terminate your access to all or any part of the Website and/orServices at any time, for any or no reason, with or without prior notice, andwithout lability.
By participating in any offline Cruise the Park event, you agree to releaseand hold Cruise the Park harmless from any and all losses, damages, rights,claims, and actions of any kind including, without limitation, personalinjuries, death, and property damage, either directly or indirectly related toor arising from your participation in any such offline Cruise the Park event. Terms of Use1) Your Interactions. You are solely responsible for your interactions and communication withother Members. You understand that Cruise the Park does not in any way screenits Members, nor does Cruise the Park inquire into the backgrounds of itsMembers or attempt to verify the statements of its Members. Cruise the Parkmakes no representations or warranties as to the conduct of Members or theircompatibility with any current or future Members. We do however recommend thatif you choose to meet or exchange personal information with any member ofCruise the Park then you should take it upon yourself to do a background checkon said person. In no event shall Cruise the Park be liable for any damages whatsoever,whether direct, indirect, general, special, compensatory, consequential, and/orincidental, arising out of or relating to the conduct of you or anyone else inconnection with the use of the Service, including without limitation, bodilyinjury, emotional distress, and/or any other damages resulting fromcommunications or meetings with other registered users of this Service orpersons you meet through this Service.
2) Eligibility. Membership in the Service where void is prohibited. By using the Website andthe Service, you represent and warrant that all registration information yousubmit is truthful and accurate and that you agree to maintain the accuracy ofsuch information. You further represent and warrant that you are 18 years ofage or older and that your use of the Cruise the Park shall not violate anyapplicable law or regulation. Your profile may be deleted without warning, ifit is found that you are misrepresenting your age. Your Membership is solelyfor your personal use, and you shall not authorize others to use your account,including your profile or email address. You are solely responsible for allcontent published or displayed through your account, including any emailmessages, and for your interactions with other members.
3) Term/Fees. This Agreement shall remain in full force and effect while you use theWebsite, the Service, and/or are a Member. You may terminate your membership atany time. Cruise the Park may terminate your membership for any reason, effectiveupon sending notice to you at the email address you provide in your Membershipapplication or other email address as you may subsequently provide to Cruisethe Park. By using the Service and by becoming a Member, you acknowledge thatCruise the Park reserves the right to charge for the Service and has the rightto terminate a Member's Membership if Member should breach this Agreement orfail to pay for the Service, as required by this Agreement.
4) Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used inconnection with any commercial endeavors except those that are specificallyendorsed or approved by the management of Cruise the Park. Illegal and/orunauthorized use of the Website, including collecting usernames and/or emailaddresses of Members by electronic or other means for the purpose of sendingunsolicited email or unauthorized framing of or linking to the Website will beinvestigated. Commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from member profiles without notice and may resultin termination of membership privileges. Appropriate legal action will be takenby Cruise the Park for any illegal or unauthorized use of the Website.
5) Proprietary Rights in Content on Cruise the Park. Cruise the Park owns and retains all proprietary rights in the Website andthe Service. The Website contains copyrighted material, trademarks, and otherproprietary information of Cruise the Park and its licensors. Except for thatinformation which is in the public domain or for which you have been givenwritten permission, you may not copy, modify, publish, transmit, distribute,perform, display, or sell any such proprietary information.
6) Content Posted on the Site. a. You understand and agree that Cruise the Park may review and delete anycontent, messages, Cruise the Park Messenger messages, photos or profiles(collectively, "Content") that in the sole judgment of Cruise thePark violate this Agreement or which may be offensive, illegal or violate therights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display(hereinafter, "post") on the Service or any material or informationthat you transmit to other Members.
c. By posting any Content to the public areas of the Website, you herebygrant to Cruise the Park the non-exclusive, fully paid, worldwide license touse, publicly perform and display such Content on the Website. This licensewill terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal orprohibited on the Website. Cruise the Park reserves the right to investigateand take appropriate legal action in its sole discretion against anyone whoviolates this provision, including without limitation, removing the offendingcommunication from the Service and terminating the membership of suchviolators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physicalharm of any kind against any group or individual;
e. You must use the Service in a manner consistent with any and allapplicable laws and regulations. f. You may not engage in advertising to, orsolicitation of, any Member to buy or sell any products or services through theService. You may not transmit any chain letters or junk email to other Members.Although Cruise the Park cannot monitor the conduct of its Members off theWebsite, it is also a violation of these rules to use any information obtainedfrom the Service in order to harass, abuse, or harm another person, or in orderto contact, advertise to, solicit, or sell to any Member without their priorexplicit consent. In order to protect our Members from such advertising orsolicitation, Cruise the Park reserves the right to restrict the number ofemails which a Member may send to other Members in any 24-hour period to a numberwhich Cruise the Park deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personalprofile page, or any Cruise the Park page via HTML/CSSor any other means.
h. Any automated use of the system, such as using scripts to add friends, isprohibited.
i. You may not attempt to impersonate another user or person who is not amember of Cruise the Park.
j. You may not use the account, username, or password of another Member atany time nor may you disclose your password to any third party or permit anythird party to access your account.
k. You may not sell or otherwise transfer your profile.
7) Copyright Policy. You may not post, distribute, or reproduce in any way any copyrightedmaterial, trademarks, or other proprietary information without obtaining theprior written consent of the owner of such proprietary rights. It is the policyof Cruise the Park to terminate membership privileges of any member whorepeatedly infringes copyright upon prompt notification to Cruise the Park bythe copyright owner or the copyright owner's legal agent. Without limiting theforegoing, if you believe that your work has been copied and posted on theService in a way that constitutes copyright infringement, please provide ourCopyright Agent with the following information: an electronic or physicalsignature of the person authorized to act on behalf of the owner of thecopyright interest; a description of the copyrighted work that you claim hasbeen infringed; a description of where the material that you claim isinfringing is located on the Website; your address, telephone number, and emailaddress; a written statement by you that you have a good faith belief that thedisputed use is not authorized by the copyright owner, its agent, or the law; astatement by you, made under penalty of perjury, that the above information inyour notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf. Cruise the Park's Copyright Agent fornotice of claims of copyright infringement can be reached via email address.
8) Member Disputes. You are solely responsible for your interactions with other Cruise the ParkMembers. Cruise the Park reserves the right, but has no obligation, to monitordisputes between you and other Members.
9) Disclaimers. Cruise the Park is not responsible for any incorrect or inaccurate contentposted on the Website or in connection with the Service provided, whethercaused by users of the Website, Members or by any of the equipment orprogramming associated with or utilized in the Service. Cruise the Park is notresponsible for the conduct, whether online or offline, of any user of theWebsite or Member of the Service. Cruise the Park assumes no responsibility forany error, omission, interruption, deletion, defect, delay in operation ortransmission, communications line failure, theft or destruction or unauthorizedaccess to, or alteration of, any user or Member communication. Cruise the Parkis not responsible for any problems or technical malfunction of any telephonenetwork or lines, computer online systems, servers or providers, computerequipment, software, failure of any email or players due to technical problemsor traffic congestion on the Internet or at any Website or combination thereof,including any injury or damage to users and/or Members or to any person'scomputer related to or resulting from participation or downloading materials inconnection with the Website and/or in connection with the Service. Under nocircumstances shall Cruise the Park be responsible for any loss or damage,including personal injury or death, resulting from use of the Website or theService or from any Content posted on the Website or transmitted to Members, orany interactions between users of the Website, whether online or offline. TheWebsite and the Service are provided "AS-IS" and Cruise the Parkexpressly disclaims any warranty of fitness for a particular purpose ornon-infringement. Cruise the Park cannot guarantee and does not promise anyspecific results from use of the Website and/or the Service.
10) Limitation on Liability. IN NO EVENT SHALL Cruise the Park BE LIABLE TO YOU OR ANY THIRD PARTY FORANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBHASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TOTHE CONTRARY CONTAINED HEREIN, Cruise the Park.S LIABILITY TO YOU FOR ANY CAUSEWHATSOEVER ANDALL TIMES BE LIMITED TOAMOUNT PAID, IF ANY, BY YOU TO Cruise the Park FOR THE SERVICE DURING THE TERMOF MEMBERSHIP.SITE OR THE SERVICE, EVEN IF Cruise the Park REGARDLESS OF THE FORM OF THEACTION, WILL AT
11) Disputes. If there is any dispute about or involving the Website and/or the Service,by using the Website, you agree that any dispute shall be governed by the lawsof the area in which we are based without regard to conflict of law provisionsand you agree to personal jurisdiction by and venue in the area in which we arebased.
12) Indemnity. You agree to indemnify and hold Cruise the Park, its subsidiaries,affiliates, officers, agents, and other partners and employees, harmless fromany loss, liability, claim, or demand, including reasonable attorneys' fees,made by any third party due to or arising out of your use of the Service inviolation of this Agreement and/or arising from a breach of this Agreementand/or any breach of your representations and warranties set forth above.
13) Other. This Agreement is accepted upon your use of the Website and is furtheraffirmed by you becoming a Member of the Service. This Agreement constitutesthe entire agreement between you and Cruise the Park regarding the use of theWebsite and/or the Service. The failure of Cruise the Park to exercise orenforce any right or provision of this Agreement shall not operate as a waiverof such right or provision. The section titles in this Agreement are forconvenience only and have no legal or contractual effect. Please contact uswith any questions regarding this Agreement.
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