NEXT DATING, LLC
Including all Related Websites Owned by or Registered to Next Dating, LLC
Please read this terms of service agreement before registering your JustSayHi.com account or providing any additional personal information to JustSayHi.com. By completing the registration process, choosing the “Accept” button and otherwise accessing and utilizing the JustSayHi.com services and website, you agree to be legally bound by this Agreement. If you do not accept these terms and conditions, you may cancel your registration by not clicking the “Accept” button and exiting from the JustSayHi.com account registration page.
Our Service provides you with the ability to register and regularly update your profile. You may also utilize certain additional services offered from time to time such as permission based Instant Messaging other registrants on this website and other communication services, shopping and e-commerce offerings, and various informational services. JustSayHi.com reserves the right to modify, edit, or discontinue its services, in whole or in part, at any time, for any reason or no reason at all, at our sole discretion, with or without notice to you and without obligation to you. We may also impose limits on certain features of our Service or restrict your access to parts or all of the website without notice or liability.
By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep it truthful, current, accurate, and complete at all times. If any information that you submit during the registration process is untrue, inaccurate, out of date or incomplete, JustSayHi.com shall have the right to terminate your use of the Service.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use this website in accordance with the following Code of Conduct:
(1) You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; (2) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; (3) You will not forward chain letters through the Service; (4) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; (5) You will not post messages, pictures or recordings or use the Service in any way which (i) 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, or (ii) is fraudulent or otherwise unlawful or violates the law; (6) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, commercial advertising, or solicitation for goods, donations, or services; (7) You will not use the Service to distribute or upload any virus, Trojan horses, or do anything else that might cause harm to the Service, JustSayHi systems, or to other members’ systems in any way. (8) You will not post or transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and (9) You will not engage in any activity that constitutes or facilitates “spamming” or the sending of mass unsolicited messages.
You shall not hold yourself out a sponsored by, endorsed by or affiliated with JustSayHi.com. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by JustSayHi.com in connection with the JustSayHi Site or the Services.
Privacy and Use of Information
By using JustSayHi.com you acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them; and (c) we assume no responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for, verifying the accuracy of the information provided by other users of the Service.
You may not use JustSayHi.com for any unlawful purpose. We may refuse to grant you an ID, nickname or username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message, photograph, or other material posted or sent by users of JustSayHi.com, and while we are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, photographs, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates the Code of Conduct set forth above or any applicable content guidelines. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice to you for any reason or no reason, including without limitation breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Intellectual Property and Proprietary Rights You acknowledge that the Services and the JustSayHi.com site are protected by certain proprietary and intellectual property rights belonging to JustSayHi.com and that you have no right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade secrets, database rights and other proprietary rights pertaining to the Services and the JustSayHi.com site are the sole and exclusive property of Next Dating, LLC and/or its licensors. This provision shall survive termination of this Agreement.
JustSayHi.com will process, investigate and respond to any notification of infringement of any third party’s intellectual property and proprietary rights in accordance with applicable laws, including, without limitation, the Digital Millennium Copyright Act [create link].
The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
You agree to indemnify us, our office, directors, affiliates, parent corporations, employees, and agents, from any loss or damages, including without limitation reasonable legal fees, which may occur from your activities while on or stemming from use of the Service, including but not limited to any breach by you of this Terms of Service or any charges or complaints made by other parties against you. You shall cooperate in your fullest capacity as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such claim.
DISCLAIMERS OF WARRANTIES
YOU AGREE THAT USE OF JUSTSAYHI.COM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. JUSTSAYHI.COM AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTEND PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTSAYHI.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE JUSTSAYHI.COM SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTSAYHI.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JUSTSAYHI.COM SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE JUSTSAYHI.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTSAYHI.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE JUSTSAYHI.COM SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall survive termination of this Agreement.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JUSTSAYHI.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE JUSTSAYHI.COM SITE OR THE SERVICES OR RELIANCE ON THE JUSTSAYHI.COM SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF JUSTSAYHI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE JUSTSAYHI.COM SITE OR THE SERVICES, FROM INABILITY TO USE THE JUSTSAYHI.COM SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE JUSTSAYHI.COM SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JUSTSAYHI.COM SITE OR THE SERVICES OR ANY LINKS ON THE JUSTSAYHI.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JUSTSAYHI.COM SITE OR THE SERVICES OR ANY LINKS ON THE JUSTSAYHI.COM SITE. SUCH LIMITATION SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this Agreement.
JustSayHi.com makes no representation or warranty that the JustSayHi.com site or the Services will be appropriate or available in any location outside the United States and any access of the JustSayHi.com site or the Services in jurisdictions where such access would be illegal is prohibited. Any individual who accesses the JustSayHi.com site or the Services in any jurisdiction outside the United States does so on his or her own initiative and assumes all responsibility for compliance, and all risk of noncompliance, with all applicable laws and regulations having the force of law. This provision shall survive termination of this Agreement.
Without limiting the generality of the disclaimers of warranties and limitations of liability contained in the previous sections, under no circumstances shall JustSayHi.com be held liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including but not limited to internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties. This provision shall survive termination of this Agreement.
Limitations of Actions
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, your use of the JustSayHi.com site or the Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This provision shall survive termination of this Agreement.
Relationship of Parties
You and JustSayHi.com are independent contractors. You are not an agent, representative, partner or employee of JustSayHi.com. You will not have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind JustSayHi.com. This Agreement will not be interpreted or construed to create an association, agency, joint venture, or partnership between you and JustSayHi.com or to impose any liability attributable to such a relationship upon either party.
No Resale, Assignment, or Sublicensing
You agree not to resell, assign, sublicense, or otherwise transfer or delegate your rights or obligations under this Agreement without the prior express written consent of an authorized executive officer or representative of JustSayHi.com. This provision shall survive the termination of this Agreement.
Nonwaiver and Severability
JustSayHi.com’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement 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 agree that the other provisions of this Agreement shall remain in full force and effect. This provision shall survive termination of this Agreement.
Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This provision shall survive termination of this Agreement.
Choice of Law
This Agreement shall be governed by the laws of the State of California without respect to choice of law rules and the Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Santa Clara County, California for such purpose. This provision shall survive termination of this Agreement.
The captions and headings used in the Agreement are inserted for convenience only and will not affect the meaning or interpretation of the Agreement.
This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether written, oral, express, or implied, of you and JustSayHi.com with respect to the transactions set forth herein. Neither party will be bound by, and each party specifically objects to, any term, condition, or other provision which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter the Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be bound specifically agrees to such provision(s) in writing.
This Agreement may be terminated by you at any time by discontinuing use of the Services. This Agreement may be terminated by JustSayHi.com (i) automatically upon any violation of this Agreement, with or without prior notice to you, at JustSayHi.com’s sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior notice to you, upon JustSayHi.com’s blocking of your access to the Services, discontinuation of your account and/or notification to you at the e-mail address provided in your registration. Upon any termination by JustSayHi.com, you shall discontinue any effort to access the JustSayHi.com site or the Services.
JustSayHi.com may modify this Agreement from time to time at our sole discretion, with or without notice to you. Please check the Terms of Service frequently. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
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