Terms of Use

Welcome to Datepad.com! Datepad Inc., its subsidiaries and affiliates (collectively “Datepad”), require that all the visitors to the Datepad.com website (“Datepad.com”) adhere to the following terms of use (“Terms of Use”). By accessing Datepad.com and by clicking on the “Accept” button below, you indicate your acknowledgment and acceptance of these Terms of Use.

Information our Lawyers Require You to Read!

These Terms of Use describe your responsibilities and limitations to our liability, among other things. The following Terms of Use, and those other terms incorporated by reference, constitute the entire and only agreement existing between you and Datepad.com regarding your use of Datepad.com. If you agree with each term, please click on the “Accept” button below, or use such other method to indicate your agreement as may be presented. Agreement to these Terms of Use is required for usage of Datepad.com. If you do not agree with any of these terms, then your further use of Datepad.com cannot proceed since agreement to these terms by all users is integral to the operation of Datepad.com.

Laws and Regulations

User access to and use of Datepad.com is subject to all applicable international, federal, provincial and local laws and regulations.

Copyright/Trade Marks

The trade marks, logos and service marks (“Marks”) displayed on Datepad.com are the property of Datepad and other parties. All users of Datepad.com (collectively, the “Users” and each a “User”) are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Datepad or such third party which may own the Marks. All information and content, including any software programs available, either now or in the future, on or through Datepad.com (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Datepad.com for any purpose, except as otherwise explicitly permitted hereunder.

No Warranties

DATEPAD.COM IS AN ONLINE DATING SITE ALLOWING ADULTS TO MEET ONLINE, AND IS NOT A REFERRAL SERVICE. DATEPAD DOES NOT INTERVIEW, SCREEN, OR PERFORM BACKGROUND CHECKS ON ANY OF ITS USERS. DATEPAD IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN USERS, DOES NOT SCHEDULE MEETINGS BETWEEN USERS, AND HAS NO CONTROL OVER THE QUALITY OR LEGALITY OF PROFILES THAT ARE POSTED, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ACTIONS OF THE USERS. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS ASSOCIATED WITH MEETING IN PERSON AN INDIVIDUAL INTRODUCED THROUGH AN INTERNET WEBSITE. ALL CONTENT, PRODUCTS, AND SERVICES ON DATEPAD.COM, OR OBTAINED FROM A WEB SITE TO WHICH DATEPAD.COM IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. DATEPAD DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH DATEPAD.COM OR A LINKED SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCES WILL DATEPAD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH DATEPAD.COM OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT AVAILABLE THROUGH DATEPAD.COM, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability for use of Datepad.com and Linked Sites

THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON DATEPAD.COM OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DATEPAD SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON DATEPAD.COM AND LINKED SITES. DATEPAD MAY MAKE IMPROVEMENTS OR CHANGES TO DATEPAD.COM AND THE SERVICES OFFERED BY DATEPAD.COM AT ANY TIME. YOU AGREE THAT DATEPAD, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF DATEPAD.COM OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE DATEPAD.COM OR A LINKED SITE, EVEN IF DATEPAD IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. DATEPAD CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO DATEPAD.COM.

Limitation of Liability for Services and/or Interactions Arranged Through Datepad.com

YOU AGREE THAT DATEPAD IS A MERE CONDUIT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH DATEPAD.COM. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH DATEPAD.COM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. DATEPAD HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH: (I) THE USE OF DATEPAD.COM BY YOU AND/OR ANY USER; (II) ANY INTERACTIONS BETWEEN USERS; AND/OR (III) ANY GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH DATEPAD.COM; AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF ANY USER OR ANY CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE DATEPAD FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Indemnity

You agree to defend, indemnify, and hold harmless Datepad, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, legal and accounting fees, alleging or resulting from your use of Datepad.com or your breach of the terms of these Terms of Use or the documents it incorporates by reference. Datepad shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Confidentiality of User Communications

Except as required by law and in accordance with the Datepad.com Privacy Policy, Datepad will maintain the confidentiality of all User communications which contain personal user information and which are transmitted directly to Datepad. Postings by a User on any message board or in any chat room or general forum will not be protected as confidential and Datepad may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by Datepad. You acknowledge that the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Datepad.com will not be responsible for any damages you, any User or third party may suffer as a result of the transmission of confidential information that you make to or through Datepad.com through the Internet, or that you expressly or implicitly authorize Datepad.com to make, or for any errors or any changes made to any transmitted information.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Datepad is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Linked Internet Sites

Datepad prohibits caching, unauthorized hypertext links to Datepad.com and the framing of any Content available through Datepad.com. Datepad reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to Datepad.com. Access to any other Internet sites linked to Datepad.com is at the User’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on Datepad.com. Datepad is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Online Conduct and Postings

A User shall not engage in any conduct that in the sole discretion of Datepad restricts or inhibits any other User. This includes, but is not limited to, the posting or transmitting on or through Datepad.com of any information that is, in the sole and absolute discretion of Datepad, unlawful, obscene, threatening, abusive, libellous or hateful, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national or international law. Datepad is under no obligation to review any messages, postings, profiles, information or content (“Postings”) posted on Datepad.com by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Datepad may from time to time monitor the Postings on Datepad.com and may, in its sole and absolute discretion, decline to accept and/or remove any Postings that contain:

1. any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
2. nude and/or pornographic images;
3. advertisements or solicitations of any kind;
4. messages posted by Users impersonating others;
5. personal information such as messages which state phone numbers, social insurance numbers, account numbers, addresses, or employer references;
6. messages by non-spokesperson employees of Datepad purporting to speak on behalf of Datepad or containing confidential information or expressing opinions concerning Datepad;
7. messages that offer unauthorized downloads of any copyrighted or private information;
8. multiple messages placed within individual folders by the same User restating the same point; and/or
9. personal or any other email addresses.

Transmission of Personal Data

User acknowledges and agrees that by providing Datepad with any personal information through Datepad.com, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with Datepad’s standard business practices and Privacy Policy. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Datepad is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Changes to Terms of Use

Datepad reserves the right to revise these Terms of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms of Use.

Violations of Terms of Use & Termination

Datepad reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block a User and/or access from a particular Internet address to Datepad.com, and, if deemed appropriate in Datepad’s sole and absolute discretion, contact the appropriate law enforcement agencies. Datepad may, in its sole and absolute direction, terminate or suspend a User’s access to all or part of Datepad.com at any time, with or without notice to such User, for any reason. These Terms of Use shall survive the termination of this agreement between you and Datepad, including, but not limited to, all waivers of liability and disclaimers contained herein.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of Datepad.com that is not explicitly for User use is restricted to authorized users only. Unauthorized individuals attempting to access these areas of Datepad.com may be subject to prosecution.

Use of “Cookie” File Features

Datepad reserves the right to store information on a User’s computer in the form of a “cookie” or similar file for purposes of modifying Datepad.com to reflect Users’ preferences. Datepad.com’s Privacy Policy provides additional information regarding Datepad’s use of cookies as well as procedures for disabling cookies.

Offers and Promotions

From time to time, Datepad (or selected third parties) may include promotions or other offers on this website. Each such offer shall be subject to its own express terms and conditions and may not be available in all jurisdictions. To participate in one of these promotions you must first read, understand and agree to the terms and conditions, Rules and/or Policies that govern the promotion, which are made a part of and incorporated herein by reference. If you do not want to participate in a particular promotion or if you do not agree to abide by the express terms and conditions that govern a particular promotion, you must opt out of participating in that promotion. You may opt out of participation in any promotion at any time by logging in to Datepad.com with your username and password and editing your preferences under the “My Preferences” tab found under the “Datepadders” tab in the upper toolbar of Datepad.com.

“Refer a Friend” Policy

Datepad.com provides its Members the ability to directly refer friends to become a Member of Datepad.com. “Friends” are those with whom a Member has a personal/professional relationship and who are eligible to become a Member of Datepad.com. Names and email addresses of referred friends will be used to send an email using the referring Member’s email address from Datepad.com’s server notifying them about Datepad.com’s free online dating services, but, thereafter, will not be retained by Datepad unless the referred friend chooses to become a Datepad.com Member. Prior to using the Refer a Friend feature, the Member must have the permission to use the email address of the friend that the Member elects to refer to Datepad.com. A Member may not use the Refer a Friend feature for any other use other than to refer friends to Datepad.com, including, but without limitation, to send: (i) to strangers; (ii) multiple referrals to the same friend; (iii) unsolicited email; (iv) “spam”; or (v) any information, content, representation, or communication prohibited under Section 9, “Online Conduct and Postings”, above.

Jurisdiction/Governing Law

Datepad.com is operated and controlled by Datepad from its offices located within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing Datepad.com, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use notwithstanding any conflict of laws provisions or your domicile, residence or physical location. Datepad.com makes no warranty or representation that any or all Content and/or services provided on or through Datepad.com, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access Datepad.com outside of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use (including, but not limited to, a breach thereof), your use of Datepad.com, and/or any other proceeding involving Datepad.com, either directly or indirectly.

General

Section headings are provided for convenience of reference and do not constitute part of these Terms of Use. Any references to a particular section of these Terms of Use shall be deemed to include reference to any and all subsections thereof. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by Datepad of a breach of any provision of these Terms of Use or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of these Terms of Use shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in these Terms of Use is determined to have failed of its essential purpose, then all other provisions of these Terms of Use, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of these Terms of Use, these Terms of Use will be construed as if drafted jointly by Datepad and the User and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms of Use.

Consenting to Terms of Use

By clicking on the “Accept” button on the registration page, you agree:

1. That you have full power, authority, and legal capacity to enter into this agreement to comply with these Terms of Use and follow its obligations and are at least 18 years of age;
2. To not:
   1. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
   2. delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded;
   3. download any file that you know, or reasonably should know, cannot be legally distributed via Datepad.com;
   4. incorporate any information from Datepad.com into any other directory, product, or service;
   5. publish or distribute any defamatory, infringing, obscene, indecent (including nudity and/or pornography) or unlawful material or information;
   6. defame, abuse, harass, threaten, stalk or otherwise violate the legal rights of others;
   7. collect or store personal data about other Users, expect with such User’s explicit consent;
   8. promote or provide instructional information about illegal activities, promote or cause any physical harm or injury against any group or individual, and/or promote any act of cruelty to animals;
   9. disseminate instructions on how to assemble bombs, grenades, and other weapons and to create “crush” sites; and/or
   10. engage in any commercial purpose, including, but not limited to, advertising or offering to sell any goods or services; and/or
3. To provide for your own access to the Datepad.com, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.

Revision Date

This document was last revised on February 29th, 2008.