This is a legal agreement ("Agreement")
between you and Three Spoon Theory, LLC a Texas company ("Datecover.com"),
which may be contacted at 14902 Preston Rd. Suite 404-117, Dallas, Texas
75254. By accessing the Datecover.com web site located at www.datecover.com (the "Website"), and using any
of the Services (as defined below) accessible through the Website, you
become a user and agree to, and are bound by, the terms and conditions
of this Agreement for as long as you continue to use the Website or
its Services. IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT, DO NOT
USE DATECOVER.COM OR ITS SERVICES. This Agreement is subject to
change by Datecover.com at any time, effective upon posting on the Datecover.com
website, and your use of the Service after such posting will constitute
acceptance by you of such changes.
- Right to Use.
- Your right to use
the Website and Services is subject to any limitations, conditions and
restrictions established by us from time to time, in our sole discretion.
We may alter, suspend or discontinue any aspect of the Service at any
time, including the availability of any Service feature, database or
content. We may also impose limits on certain features and aspects of
the Service or restrict your access to parts or all of the Service without
notice or liability.
- Minimum Age.
You must be at least 18 years old to use the Website By using the Datecover.com
Website, you represent and warrant that you are at least 18 years old.
Membership is void where prohibited
- Code of Conduct.
You agree to use the Service in accordance with the following Code of
- 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;
- 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;
- you will not forward
chain letters, spam, or junk mail through the Service;
- you will not use
the Service to infringe the privacy rights, property rights, or any
other rights of any person;
- you will not post
messages, pictures or recordings or use the Service in any way which:
- violates, plagiarizes
or infringes upon the rights of any third party, including but not limited
to any copyright or trade-mark law, privacy or other personal or proprietary
- is fraudulent or
otherwise unlawful or violates any law;
- you will not use
the Service to distribute, promote or otherwise publish any material
containing any solicitation for funds, advertising or solicitation for
goods or services;
- you will not use
the Service to distribute or up load any virus, trojan horses or do
anything else that might cause harm to the Service, Datecover.com systems
or to other members' systems in any way;
- 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.
- Risk Assumption,
Precautions, and Violations.
- By issuing the services
you acknowledge that (a) we cannot ensure the security 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 you
should use caution in selecting the personal information you provide
to others through the Service; and (c) we cannot assume any 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 assume all risk
when using the Services, including but not limited to all of the risks
associated with any online or offline interactions with others, including
dating. You agree to take all necessary precautions when meeting individuals
through the Datecover.com Website. You understand that Datcover.com
does not in any way screen any of its members. You also understand that
Datecover.com makes no guarantees, either express or implied, regarding
your ultimate compatibility with individuals you meet through the Website
or as to the conduct of such individuals. Datecover.com makes no guarantees
as to number or frequency of matches either.
- You may not use
the Service for any unlawful purpose. We may refuse to grant you a,
ID or nickname that impersonates someone else, is protected by trade-mark
or proprietary law, or is vulgar or otherwise offensive, as determined
by us in our sole discretion.
- Geographic Limitations.
- The Website and
Services are intended for use in the United States. You will only use
the Services in a manner consistent with this Agreement and any and
all applicable local, state, national and international laws and regulations,
including, but not limited to, United States export control laws. You
are not located in, under the control of, or a national or resident
of any country which the United States has (i) embargoed goods, (ii)
identified as a "Specially Designated National", or (iii) placed
on the Commerce Department's Table of Deny Orders. Registration for,
and use of, the Services are void where prohibited. To the extent that
the Services are not legal in your jurisdiction, you may not use the
Services. The Services may not be used where prohibited by law.
- Unique Profile
and No False Information.
- As a Registered
User of the Website, you will create only one unique profile.
- You will provide
accurate information to Datecover.com or to any other user. If information
provided to Datecover or another user subsequently becomes inaccurate,
misleading or false, you will promptly notify Datecover.com of such
- Property Rights
- Proprietary Information.
Datecover.com owns and retains all proprietary rights in the Website
and the Service. The Website contains the copyrighted material, trademarks,
and other proprietary information of Datecover.com, agents 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 copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
- Monitoring of
Information. 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 or other material posted
or sent by users of the Service, and 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, public postings and messages, that we, in our sole discretion,
deem to violate the Code of Conduct 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 users of the Service.
- No Advertising
or Commercial Solicitation.
- You will not advertise
or solicit any user to buy or sell any products or services through
the Site or Services. You will not use any information obtained from
the Services in order to contact, advertise to, solicit, or sell to
any user without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, we reserve the right
to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which we deem appropriate in our sole
- 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, for any 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.
- No Responsibility
- You acknowledge
that we are not responsible for suspension of the Service, regardless
of the cause of the interruption or suspension.
- Your account is
private and should not be used by anyone else. You are responsible for
all usage or activity on the Service by users using your password, including
but not limited to use of your password by any third party.
- External Links
- 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
and privacy statement of such External Links prior to use of them.
- Use of the Website
and/or the Service is also governed by our Privacy
- You agree to indemnify
Datecover.com, our officers, directors, employees and agents, from any
loss or damages, including without limitation reasonable legal fees,
which we may suffer from your activities on or use of the Service, including
without limitation any breach by you of this Agreement or any charges
or complaints made by other parties against you. You shall cooperate
as fully 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.
- If there is any
dispute arising out of the Website and/or the Service, by using the
Website, you expressly agree that any such dispute shall be governed
by the laws of the State of Texas, without regard to its conflict of
law provisions, and you expressly agree and consent to the exclusive
jurisdiction and venue of the state and federal courts of the State
of Texas, in Dallas County, for the resolution of any such dispute.
- No Warranties
- The Service is distributed
on an "as is" basis. We do not warrant that this Service will
be uninterrupted or error-free. There may be delays, omissions, and
interruptions in the availability of the Service. Where permitted by
law, you acknowledge that the Service is provided without any warranties
of any kind whatsoever, either express or implied, including but not
limited to the implied warranties of merchantability and fitness for
a particular purpose. You acknowledge that use of the Service is at
your own risk. We do not represent or endorse the accuracy or reliability
of any member profile, advice, opinion, statement or other information
displayed, uploaded or distributed through the Service by Datecover.com,
our partners or any user of the Service or any other person or entity.
You acknowledge that any reliance upon any such opinion, member profile,
advice, statement or information shall be at your sole risk.
- We do not represent
or endorse the accuracy or reliability of any advice, opinion, statement
or other information displayed, uploaded or distributed through the
Service by Datecover.com or any user of the Service or any other 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.
- We may modify this
Agreement from time to time. Notification of changes in this Agreement
will be posted on the Service or sent via electronic mail, as we may
determine in our sole discretion. 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.
- Disclosure and
- We reserve the right
to send electronic mail to you, for the purpose of informing you of
changes or additions to the Service, or of any Datecover.com related
products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms that do not
reveal your personal identity.
THIS AGREEMENT WAS LAST UPDATED
ON February 24, 2010
I HAVE READ THIS AGREEMENT
AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
Click HERE to complete the registration.