USER REGISTRATION You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change an account in full or partial. For instance a change in the username you select or any content added if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
CONTRIBUTION LICENSE By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
SOCIAL MEDIA As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
ADVERTISERS We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
CONTACT US In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: The Adult Social Media
Collection and Use of Your Personal Information
Things You Do and Information You Provide to Us
We may collect and store information that identifies you (“Personal Information”) and is voluntarily provided to us through our Website, application forms, surveys, initial consultations, meetings, or other communications. This may include your first name, last name, e-mail address, gender, date of birth, city of residence, telephone number, occupation/industry, education, height, weight, hobbies, relationship history, religious beliefs, and photographs. We use this information to get to know you, understand your relationship goals and criteria, determine whether you qualify for a membership package, recruit matches, screen prospective clients, and customize your matches.
We also may use this information to send you information that we think may be of interest to you, such as our newsletter, a contest, or promotion. If you do not wish to receive marketing materials or advertisements, please click the opt-out button at the bottom of any of our correspondence emails or change your contact settings in your profile notifications area. If this is unable to be accomplished feel free to contact us at [email protected]
By submitting an application to The Adult Social Media, you understand and acknowledge that we will send your full or partial profile to a potential match and/or discuss your potential pairing with a match without your prior approval. This information will be sent to selected matches for the purpose of determining the matches’ interest in you. IF YOU DO NOT WANT TO HAVE YOUR PERSONAL INFORMATION PROVIDED TO THE MATCHMAKING TEAM AND PROSPECTIVE MATCHES, DO NOT SUBMIT YOUR INFORMATION ON THIS WEBSITE.
INFORMATION ABOUT PAYMENTS
If you transact business with us, such as by applying for a membership program, paying for live streams, or purchasing content, we collect information about the transaction. This includes your payment information, such as your credit or debit card number, card type, expiration date, billing information, shipping information, and other related information. We may use financial information to process payment for any purchases made on our Website, when you submit an application or choose to participate in a membership program, and for other business purposes.
If you contact via telephone, e-mail, fax, the postal service, our web form, or in any other way, we may retain the correspondence and the information it contains. This information may be used to respond to your inquiry, notify you of The Adult Social Media-related opportunities, and for marketing purposes. If you do not wish to receive notifications about The Adult Social Media-related opportunities, or otherwise want to restrict the use of information you provide to us, please click the opt-out button at the bottom of any of our correspondence emails or change your contact settings in your profile notifications area. If this is unable to be accomplished feel free to contact us at [email protected]
Information from Other Sources
Information About Others
We may collect and store personal information about other people that you provide to us, such as their name and e-mail address. For example, our application form allows applicants to refer friends to The Adult Social Media. We may store this information to help us recruit additional members or see whether the referred individual is interested in being matched with an existing member.
URL and IP Address
We collect information about users’ IP addresses when they submit a form on our Website. We may use information about your IP address to administer our Website, analyze trends, change the content of our Website based on your needs, gather information about visitor movements, and improve the effectiveness of our Website. We also may use your IP address to enhance our security and help diagnose potential problems with our server.
We may assign your device one or more cookies to facilitate access to our Website and to personalize your online experience. A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Website. A persistent cookie remains on your hard drive for an extended period of time. These cookies may be delivered by us or third parties.
1. To perform research and analysis about your use of, or interest in, our products, services, or content;
2. To perform ad tracking and Website analytics;
3. To better understand and analyze user growth, general demographic information about users of our Website, and which markets yield successful matches with our candidates; and
4. To help us to make better matches.
Security Measures to Protect Information
We are committed to taking reasonable efforts to secure the information that you choose to provide to us, and we use a variety of security technologies and procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of data. All credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We restrict access to Personal Information to certain individuals and organizations that need to know the information in order to operate, develop, or improve our services. We are committed to taking appropriate disciplinary measures to enforce our users and employees’ privacy responsibilities.
CALIFORNIA PRIVACY RIGHTS
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. (the answer will always most likely be, no) To make a request, please send us an e-mail or write to us at the address listed below, and indicate in the subject line that you are a California resident making a “Shine the Light” inquiry.
The Website is not intended for use by or targeted at children under 18, and we do not knowingly or intentionally collect information about children under 18. We may provide links to third-party websites that allow children under the age of 18 to register for use of the website, or are targeted at children under 18. In such instances, the third-parties are responsible for ensuring that their websites comply with applicable laws, regulations, and rules.
Visiting our Website from Outside the United States
Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties
You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending us an e-mail at the address listed below. For California residents, please consult the “Your Privacy Rights” section above for additional considerations.
We retain Personal Information as long as we consider it potentially useful for business purposes. We also keep information as otherwise required by law.
How You Can Access and Change Your Information
You can update or correct your Personal Information, or remove it from our system by making a request to us at the contact information provided below. If for some reason access is denied, we will provide an explanation of why access has been denied upon the user’s request.
Conditions of Use
Dispute Resolution Including Binding Arbitration The services provide by The Adult Social Media are personal and private. To protect the private nature of these services, you agree that any dispute related in any way to use of this Website will be governed by the laws of California.
You also agree to: 1) Abide by any limitation of damages contained in any agreement we may have with you; 2) Resolve all disputes, except those specified in 3) below, through binding arbitration in California under the American Arbitration Association Rules in effect at the time when arbitration is sought. 3) Resolve through litigation disputes arising from an alleged violation of intellectual property rights or breach of confidentiality for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of arbitrators, which may be taken in any court of competent jurisdiction in California and to which you hereby consent waiving all defenses of lack of personal jurisdiction and forum non conveniens.