Membership Terms

Indiandating.com's Membership Agreement

This is a legal agreement ("Agreement") between you and Indiandating.com (Webcapacity Incorporated). INDIANDATING.COM includes all Indiandating.com co-branded sites which are owned and operated by Webcapacity Incorporated. Please read the Agreement carefully before registering for the Indiandating.com service. By registering for Indiandating.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE INDIANDATING.COM SERVICE.

1. General. This site is owned and operated by Indiandating.com. Indiandating.com has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. These terms of use apply to all users of Indiandating.com, including visitors, advertisers and members.

   THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE, WHICHEVER IS GREATER).

   The Indiandating.com service ("Indiandating.com" or the "Service", provided by Webcapacity Incorporated) is a way for adults to meet each other online or for their children to meet. Indiandating.com is provided by Webcapacity Incorporated, located in Colorado. Your membership in the Indiandating.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

   MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter, Indiandating.com may require that you provide sufficient information to indicate that you are at least 18 years old and meet the age of majority in your jurisdiction. By becoming a Member, you represent and warrant that you are at least 18 years old and are considered an adult in your jurisdiction.

   Either you or Indiandating.com may terminate your Indiandating.com membership at any time, for any reason. Indiandating.com reserves the right to immediately suspend or terminate your access to the Indiandating.com service, without notice, upon any breach of this Agreement.

   For Deluxe accounts, Indiandating.com reserves the right to terminate a deluxe account if the account holder is in violation of our terms. Refunds on Deluxe accounts are subject to the company's discretion. Please contact us for refunds or billing errors.

   Billing questions can also be directed to 1-(303) 459-2308 (U.S.). Phone support for paying members ONLY.

2. Online Conduct. As a Member, you agree that:

   You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Indiandating.com service, or transmit to other Indiandating.com Members through contacting.

   You may not post on the Indiandating.com service, or transmit to other Indiandating.com Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

   You may not post or transmit through the site any material that contains advertising or any solicitation with respect to products or services without Indiandating.com's express prior approval, or use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Indiandating.com Members. You may not use Indiandating.com to attract new members for a competing service.

   You may not include in your profile any offensive anatomical or sexual references, offensive sexually suggestive or connotative language, telephone numbers, street addresses, last names, URLs, E-mail addresses and you may not post any photos containing nudity, unauthorized personal information, cartoons, or photos which are not of you. Indiandating.com reserves the right, but has no obligation to edit, delete, hide or reject any profile or photo that does not comply with these prohibitions or comply with the Indiandating.com profile standards.

3. Copyrighted Material. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos and graphics, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Indiandating.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

   You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted Indiandating.com the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant Indiandating.com the right to edit, copy, display, add to, publish and distribute any material made available on the site by you.

   The foregoing provisions of Section 3 are for the benefit of Indiandating.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Disclaimer of Warranty; Limitation of Liability.

   A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER INDIANDATING.COM, ITS AFFILIATES, PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.

   B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THAT THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED OR ADVERTISED ON THE SITE WILL BE AS REPRESENTED, AVAILABLE FOR SALE AT THE TIME OF ADVERTISEMENT, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

   C. IN NO EVENT WILL INDIANDATING.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INDIANDATING.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS SITE.

   D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INDIANDATING.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

   E. INDIANDATING.COM DOES NOT WARRANT THAT YOUR USE OF THE INDIANDATING.COM SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. INDIANDATING.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE SERVICE INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE.

5. No Agency; General Release

   A. Indiandating.com com provides a venue for adult individuals to meet each other online and for children of adult members to meet. Additionally, Indiandating.com provides a venue for the purchase and sale of certain goods and services.

   Indiandating.com is not involved in any actual interaction between Members or visitors and is not an agent of any party for any purpose. As a result, we have no control over the quality, safety or legality of the profiles advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items.

   INDIANDATING.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, PROFILE LISTING, CONTACT MAIL, OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL INDIANDATING.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE INDIANDATING.COM SERVICE, OR TRANSMITTED TO INDIANDATING.COM MEMBERS.

   B. BECAUSE INDIANDATING.COM IS NOT INVOLVED IN MEMBER TO MEMBER OR MEMBER TO VISITOR INTERACTIONS, IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER MEMBER OR VISITOR, YOU RELEASE INDIANDATING.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

   C. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution--and common sense--when using our site.

6. Monitoring. INDIANDATING.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE INDIANDATING.COM SERVICE. INDIANDATING.COM SHALL HAVE THE RIGHT TO EDIT OR REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW, INDIANDATING.COM PROFILE STANDARDS OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF INDIANDATING.COM, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER INDIANDATING.COM MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY INDIANDATING.COM TO THE EXTENT REQUIRED BY APPLICABLE LAW.

7. Indemnification. You agree to defend, indemnify and hold harmless Indiandating.com, its directors, officers, employees and agents and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Indiandating.com services including any breach by you of the terms of this Agreement.

8. Trademarks. Indiandating.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Indiandating.com. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

9. Complaints. To resolve a complaint regarding the Indiandating.com service, you should first contact Indiandating.com Customer Support section.

10. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules and you hereby consent to exclusive jurisdiction in the state and federal courts of Colorado for any cause of action, claim, liability, demand or dispute arising out of your use of this site or its Terms of Use. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. This Agreement, accepted upon registering for the Indiandating.com service, contains the entire agreement between you and Indiandating.com regarding the use of the Service. This Agreement may only be amended upon notice by Indiandating.com, Inc. to you, or by a writing signed by you and an authorized official of Indiandating.com, Inc. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.