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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY IN ORDER TO UNDERSTAND YOUR RIGHTS
AND OBLIGATIONS AS A VISITOR, USER, AND/OR MEMBER OF THE SECRETSITE.COM SERVICE. BY
REGISTERING, ENTERING OR USING THE SERVICES OF SECRETSITE.COM YOU ARE CONSENTING AND
AGREEING TO THE FOLLOWING TERMS AND CONDITIONS:
Welcome to SecretSite.com a romantic and social networking community that is a web based service. Possessing a rich
collection of interactive and communicative features, SecretSite.com offers one of the most comprehensive, secure and
enjoyable Internet experience imaginable.
REGISTRATION
In order to use the Services of SecretSite.com, you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service and telephone fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and
modem, web-enabled mobile phone or PDA, or other access device. To use SecretSite.com you must first register as a
Member of the site, and agree to be bound by the Terms and Conditions as part of the registration process.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about
yourself and maintain and promptly update your account information so as to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and SecretSite.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SecretSite.com has
the right to suspend or terminate your account and refuse to provide you any and all current or future use of the Service.
Furthermore it is understood that SecretSite.com reserves the right to delete accounts created by Users who appropriate
the name, likeness, e-mail address, or other personally identifiable information of another individual. Upon completion of
the Registration process, your password chosen by you, and your account, is private and should not be used by anyone
else. You are solely responsible for maintaining the confidentiality of your account and password, and are fully
accountable for all activities that occur under your account.
ELIGIBILITY
To register as a member of SecretSite.com you must be at least 18 years of age or older, and you represent and warrant
that you have the right, authority, and capacity to consent and agree to these Terms and Conditions. Although
SecretSite.com is designed to appeal to a broad audience, the Service does contain adult or mature content.
MEMBERSHIP FEES
SecretSite.com accounts are available for free to all valid registrants.
Free accounts offer a limited number of features in relation to any other accounts offered. Premium, and/or Paid
Subscriptions are accounts that are available for a term-based fee, and offer Users all extended and basic features of
SecretSite.com. Paid accounts are non-transferable and non-refundable. SecretSite.com may determine at its sole
discretion the appropriate rates for such paid accounts, which shall be posted on the Web site as and when applicable.
When paying any applicable membership fees, making purchases or other transactions through SecretSite.com you may
be asked to supply certain information concerning credit card or other payment mechanisms. You agree that all such
information you provide will be accurate and complete. You agree to pay all authorized charges incurred by you or other
Users of your account and credit card or other payment mechanisms, at the prices in effect when such charges incurred.
You also will be responsible for paying all applicable taxes, if any, relating to purchases on this Web site. You agree to be
bound by all of the Terms and Conditions on this Web site and on any applicable order or registration form. These Terms
and Conditions will remain in full force and effect while you use SecretSite.com as a Member or visitor.
As a Member you may terminate your membership at any time, for any reason.
Should SecretSite.com terminate your membership or account because you have violated or breached these Terms and
Conditions, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, the
Terms and Conditions will remain in effect.
NON-COMMERCIAL USE BY MEMBERS
SecretSite.com is a Web site for the personal use of individual Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by SecretSite.com management.
Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site
for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting usernames, and/or e-mail
addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized
framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including, without
limitation, civil, criminal, and injunctive action. Commercial advertisements, any affiliated links, or other forms of
solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.
PROPRIETARY RIGHTS IN CONTENT
SecretSite.com owns and retains all proprietary rights in the Web site and our Service. The Web site contains the
copyrighted material, trademarks, and other proprietary information of SecretSite.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 use, copy,
modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
USER AND MEMBER CONDUCT AND CONTENT
As a SecretSite.com Member you acknowledge all information, content, data, text, software, music, sound, tones,
photographs, graphics, video, messages, profiles and other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such Content originated. This means the person from
which such Content originated, and not SecretSite.com, is entirely responsible for all Content uploaded, posted, emailed
or otherwise transmitted via Services provided by SecretSite.com. By posting Content to any public area of
SecretSite.com you automatically grant, and you represent and warrant that you have the right to grant, to
SecretSite.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
distribute and to prepare derivative works of such Content within the Service, and to grant and authorize sublicenses
of the foregoing. You understand and agree that SecretSite.com may review and delete any Content that in the sole
judgment of SecretSite.com violates these Terms and Conditions or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Members. SecretSite.com Members may not engage in advertising to,
or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service.
Members may not engage in advertising to, or solicitation of other Members to buy or sell any personal products or
services except within the SecretSite.com "Classifieds" section of the Web site. However, SecretSite.com does reserve
the right to allow particular Users to use the Service for commercial purposes pursuant to a separate written agreement.
As a User and/or Member of SecretSite.com you agree not to do any of the following:
( 1) Upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable.
( 2) Display pornographic or sexually explicit material of any kind. Provide material that exploits people under the age
of 18 in a sexual or violent manner.
( 3) Promote information you know is false, misleading or promotes illegal activities.
( 4) Seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person
or entity.
( 5) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through
SecretSite.com.
( 6) Upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party.
( 7) Upload post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
( 8) Upload, post, e-mail or otherwise transmit any material containing software viruses or any other computer code,
files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
( 9) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of SecretSite.com are able
to type, or otherwise act in a manner that negatively affects other User's ability to engage in real time exchanges.
(10) Include in your Member profile any telephone numbers, street addresses, last names, URLs or e-mail addresses.
(11) Interfere with or disrupt servers or networks connected to SecretSite.com or disobey any requirements,
procedures, policies or regulations of networks connected to SecretSite.com.
(12) Harvest or otherwise collect or store personal data about other Users, "stalk" or otherwise harass another.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States and the country in which you reside.
COPYRIGHTS
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. It is SecretSite.com policy
to terminate the accounts of repeat offenders. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright infringement, please provide SecretSite.com with
the following: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that
you claim is infringing is located on the Web site; your address, telephone number, and e-mail address; a written
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For notice of copyright infringement, please contact by email:
support@secretsite.com
MONITORING OF USE
SecretSite.com reserves the right to monitor all public postings, profiles, pictures, advertisements, messages, chat room
postings, message board postings or other uploaded Content to ensure that they confirm to the above noted rules and
Content guidelines which may be applicable from time to time. While it is not possible to review every message or other
material posted or sent by Users of the Service, and SecretSite.com is not responsible for any content of these messages
or materials, SecretSite.com reserves the right, but is not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, pictures, video/audio materials, public postings and messages, that SecretSite.com,
in its sole discretion, deems to violate the rules set out above or any applicable content guidelines, or to be otherwise
unacceptable. You shall remain solely responsible for the Content of profiles, public postings, messages and other
materials you may upload to the Service or to other Users of the Service.
PRACTICES REGARDING USE AND STORAGE
You acknowledge that SecretSite.com may establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that e-mail messages, SMS, messages, MMS messages, notes,
comments, chat room postings, video/audio material, message board postings or other uploaded Content will be retained
by the Service, the maximum number of "messages" that may be sent from or received by an account on the Service,
the maximum size of any "message" that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on SecretSite.com servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of time. You agree that SecretSite.com has
no responsibility or liability for the deletion or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that SecretSite.com reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that SecretSite.com reserves the right to
change these general practices and limits at any time, in its sole discretion, with or without notice.
MEMBER DISPUTES
You are solely responsible for your interactions with other SecretSite.com Members or third parties. SecretSite.com
reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or
through SecretSite.com, including payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such advertiser or merchant.
SecretSite.com may from time to time run competitions, free prize draws, and promotions. These will be subject to
additional terms that will be made available at the time of such competitions, draws and promotions.
NO RESALE OF SERVICE
As a User and/or Member you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of SecretSite.com.
PRIVACY
Registration data and certain other information about you are subject to our privacy policy. For more information, see
our entire privacy policy.
DISCLAIMERS
SecretSite.com and all other parties involved in the creation, production, maintenance or delivery of the Service are not
responsible for any incorrect or inaccurate Content posted on the Web site or in connection with SecretSite.com Service,
whether caused by Users of the Web site, Members, or by any of the equipment or programming associated with or
utilized in the Service. SecretSite.com is not responsible for the conduct, whether online or offline, of any User or
Member of the Web site. SecretSite.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. SecretSite.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 e-mail or players on account of technical problems or traffic congestion on the internet or at any
Web site or combination thereof, including injury or damage, resulting from anyone's use of the Web site or the Service,
any Content posted on the Web site or transmitted to Members, or any interactions between Users of the Web site,
whether online or offline. Your use of the Service is at your sole risk, the Service is provided on an "As Is" and "As
Available" basis. To the fullest extent permitted by applicable law, SecretSite.com expressly disclaims all warranties,
conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of
merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a
standard of reasonable care and skill or as to non-infringement of any intellectual property right. SecretSite.com cannot
guarantee and does not promise any specific results from use of the Web site and/or the Service. The Service may be
temporarily unavailable from time to time for maintenance or other reasons. Any material downloaded or otherwise
obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the download of any such material.
LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will SecretSite.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 site or the SecretSite.com Service, even if SecretSite.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained herein, SecretSite.com 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 SecretSite.com for the Service during the term of membership.
DISPUTES
If there is a dispute between Members or between Members and any third party, you understand and agree that
SecretSite.com is under no obligation to become involved. In the event that you have such a dispute, you hereby
release SecretSite.com, its officers, employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and/or our Service. If there is any dispute about or
involving the Web site and/or the Service, by using the Web site you agree that the dispute will be governed by the
laws of the State of Hawaii without regard to its conflict of law rules. You agree to personal jurisdiction by and venue in
the state and federal courts located in Honolulu, State of Hawaii. The failure of SecretSite.com to exercise or enforce
any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions remain in full force and effect.
INDEMNITY
You expressly agree to indemnify and hold SecretSite.com and its subsidiaries, affiliates, officers, agents, co-branders
and other partners, and employees, harmless from any and all costs, claims, demands, investigations, liabilities, losses,
damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your
use of the SecretSite.com Service in violation of these Terms and Conditions and or any breach of your representations
and warranties set forth above.
NO PARTNERSHIP
The terms and provisions of these Terms and Conditions shall not be interpreted as creating an agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship between SecretSite.com and any User of the Service.
A Member may not bind or obligate SecretSite.com without the prior written consent of SecretSite.com.
AGREEMENT IN ENTIRETY
These Terms and Conditions of Service represent the complete and entire agreement between SecretSite.com and you
and supersede all prior and contemporaneous agreements of the parties relating to the subject matter hereof.
You acknowledge that you have read these Terms and Conditions and understand and agree to all of them in their
entirety. You have independently evaluated the desirability of using SecretSite.com, and are not relying on any
representation, guarantee, or statement other than as set forth in these Terms and Conditions.
REVISIONS
SecretSite.com shall have the right, in its sole discretion, to modify, add or remove terms of these Terms and Conditions,
and or change part of the Services provided under these Terms and Conditions at any time, without notification to Users
and Members, and all such changes shall be effective immediately. You agree to periodically review SecretSite.com
including the current version of the Terms and Conditions available, to be aware of any such revisions. If you do not
agree with any revision to the Terms and Conditions, you may cancel your Subscription Services in accordance with the
provisions set forth below.
CANCELLATION AND TERMINATION
You may cancel your paid Subscription Services with SecretSite.com at anytime. Please contact via electronic mail
subscriptions@secretsite.com to cancel your subscription, automatic renewal, and or change your payment method.
SecretSite.com reserves the right to terminate your Subscription Services if SecretSite.com determines, in its sole
discretion, that you are not complying with the Terms and Conditions. Any such cancellation or termination is subject to
the no-refund policy as described above.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
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