WELCOME TO BBWSINGLES.COM.
You must agree to these terms to join bbwsingles.com
YOU MUST BE AT LEAST 18 YEARS OLD TO BECOME A MEMBER. bbwsingles.com ("the service") is a membership based, dating site provided by IWINK, LLC. ("IWINK, LLC."). This is a legal agreement ("Agreement") between you and IWINK, LLC. Your registration, membership with and use of the Service signifies your agreement to the terms and conditions of this Agreement.
1.1 You acknowledge and agree that you have read this Agreement carefully and understand all of the terms and conditions set forth herein. If you do not agree to the terms and conditions, you may not access or otherwise use the Service. IWINK, LLC. may monitor your use of the Service and may freely use and disclose any information and materials received from you or collected through your use of the Service for any lawful reason or purpose. IWINK, LLC. may remove from the Service any postings which IWINK, LLC. deems inappropriate or unsuitable without notice or liability.
1.2 IWINK, LLC. reserves the right, at it's sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Service, which shall be the only notification of any such change. Your continued use of the Service after any such posting shall constitute your consent to the change or modification of the Agreement.
1.3 You must abide by any policies posted on the Service. You understand that IWINK, LLC. provides no assistance, including the review, removal or editing of content posted on,or any customer support for the use of, the Service.
1.4 This Agreement, and your membership with, use of and access to the Service may be modified, limited, suspended or terminated by IWINK, LLC., in its sole discretion, at any time, without notice.
1.5 This Agreement, and your membership with, use of and access to the Service may be terminated by you upon [prior notice necessary?] written notice to IWINK, LLC., which can be contacted at.
1.6 IWINK, LLC. may change, suspend or discontinue any aspect of the Service at any time, including the availabilty of any Service feature, database or content. IWINK, LLC. may also impose limits on certain features and services or restrict the members' access to part or all of the Service without notice or liability.
1.7 IWINK, LLC. reserves the right, but has no obligation, to reject any information, profiles, photos or other material submitted to, uploaded, distributed, posted, transmitted, displayed or otherwise published on the Service ("Post" or "Posted") by members or other users.
1.8 The Service may contain links and pointers to other Worldwide Web Internet sites, resources and sponsors of the Service. Links to and from the Service to other third-party sites, maintained by third-parties, do not constitute an endorsement by IWINK, LLC. or any of its subsidiaries or affiliates of any third party resources, or their contents.
1.9 By agreeing to the terms and conditions set forth herein, and by registering with the Service, you are obtaining an exclusive membership in the Service for your own personal use. You may not authorize others to use your membership and may not transfer or assign your account, or any of your privileges thereunder, to any other person or entity.
2. REPRESENTATIONS AND WARRANTIES:
2.1 By registering for this Service you represent and warrant that you are above the age of 18. You agree to provide any information requested by IWINK, LLC. to confirm that you are at least 18 years old.
2.2 You represent and warrant that (a) you are of the age of majority in your state(s) of residence and use of the Service; (b) you shall not Post through the Service any material which (i) restricts or inhibits any other user from using or enjoying the Service, (ii) is, in IWINK, LLC.'s sole discretion, unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit, harassing, racially offensive, inaccurate, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates law, (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other propriety right, (v) contains a computer virus or other harmful component, (vi) constitutes or false or misleading indication of origin or statements of fact; (c) you will use the Service in a manner consistent with any applicable laws and regulations; (d) you will not include or post any telephone numbers, street addresses, offensive anatomical or sexual reference or offensive sexually suggestive or connotative language, and you will not engage in advertising to, or solicitation of, other members to buy or sell any products or services whatsoever through the Service and will not transmit any chain letters or junk e-mail to other Service members.
3. PROPRIETARY RIGHTS:
3.1 IWINK, LLC. owns and retains all proprietary rights in the Service. This Service is protected by copyright and other laws pursuant to United States copyright laws, international conventions and other copyright and other copyright laws. All materials Posted or otherwise contained on the Service (the "Content") by IWINK, LLC. and/or other members or users are protected by copyright, and are either owned, or controlled or licensed by IWINK, LLC. In addition, other Service members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. You agree that you will abide by any and all additional copyright notices, information or restrictions contained in any Content.
3.2 The content on the Service is for the member's personal, non-commercial use only. You are given permission to view the Content. You may not copy, modify, electronically transmit, download, transmit, publish or otherwise distribute the Content, or any portion thereof, in any way, without the prior express written consent of IWINK, LLC.
3.3 By Posting information, a photograph or other Content to or on the Service, you automatically grant, and you represent and warrant, that you have the right to grant, to IWINK, LLC. and other IWINK, LLC. members and users, an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, license, adapt, reproduce, transmit, modify, edit, perform, display, distribute and otherwise exploit such information and Content and to prepare derivative works of or incorporate into other such information and Content, and to grant and authorize sublicenses of the foregoing.
3.4 You acknowledge that transmission to and from the Service is not confidential and your Content may be read or intercepted by others. You acknowledge that by submitting or Posting Content to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and IWINK, LLC. other than pursuant to the terms and conditions of this Agreement.
3.5 Nothing in this Agreement is intended to grant any rights to you under any patent or copyright owned, licensed or otherwise used by IWINK, LLC.
4.1 Any Content or other information Posted or otherwise made available on or through the Service including, without limitation, statements, suggestions, opinions, advice, reviews, and offers (Content and such other information to be referred to, collectively, as "Material"), are those of their respective authors, and not of IWINK, LLC. The authors of such Material are solely responsible thereof. IWINK, LLC. does not and cannot review all Material, and does not and cannot evaluate or otherwise determine the reliability, accuracy, truthfulness or completeness of any such Material. Therefore, Posting or other display of any Material on the Service does not constitute a representation or guaranty of the reliability, accuracy, truthfulness or completeness of any such Material and does not constitute an endorsement by IWINK, LLC. thereof. Neither IWINK, LLC. nor any of its affiliations or agents are responsible for the reliability, accuracy, truthfulness or completeness of any and all Material Posted by members and/or users (including unauthorized users) and will, under no circumstances, be responsible for any loss or damage whatsoever resulting from anyone's reliance thereon.
4.2 IWINK, LLC. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any Material, in whole or in part, that, in IWINK, LLC.'s sole discretion, is objectionable, inappropriate, or in violation of the terms and conditions of this Agreement.
4.3 You are solely responsible for the Material you Post or otherwise display on the Service or to other Service members or users. In Addition, due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may delays, omissions or inaccuracy in the Material provided on the Service. As a result, IWINK, LLC. does not represent that the information contained is correct in every case.
4.4 It is possible that other Service members or users (including unauthorized users) may Post offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or to injure you. Neither IWINK, LLC. nor any of its affiliations or agents are responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
4.5 IWINK, LLC. reserves the right, but has no obligation, to monitor, reject or remove any material that IWINK, LLC., in it's sole judgment, believes may violet or is alleged to violate, the law or this Agreement, or which IWINK, LLC. believes is otherwise inappropriate.
5. DISCLAIMER OF WARRANTIES:
5.1 THE MATERIALS UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED, PUBLISHED OR OTHERWISE DISPLAYED ON THE SERVICE IS PROVIDED "AS IS". IWINK, LLC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TRUTHFULNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS POSTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH ITS SERVICE, OR THAT THE MATERIALS UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED, PUBLISHED OR OTHERWISE DISPLAYED MAY BE RELIED UPON.
5.2 IWINK, LLC. DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. IWINK, LLC. DISCLAIMS LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE.
6. LIMITATION OF LIABILITY:
6.1 NEITHER IWINK, LLC. NOR ANY OF ITS AFFILIATIONS OR AGENTS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THE MATERIAL POSTED OR OTHERWISE PROVIDED ON THIS SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES FOR SERVICE INTERUPTIONS, OR YOUR DISSATISFACTION WITH THE SERVICE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE.
6.2 IN NO EVENT WILL IWINK, LLC. NOR ANY OF ITS AFFILIATIONS OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE MATERIALCONTAINED HEREIN OR UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED OR OTHERWISE PUBLISHED ON THE SERVICE.
6.3 IN ADDITION, IWINK, LLC. AND ANY OF ITS AFFILIATIONS OR AGENTS DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS) OF THE SERVICE.
6.4 IWINK, LLC.'S LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE MATERIAL, THE SERVICE, OR YOUR MEMBERSHIP HEREUNDER SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL IWINK, LLC. or ANY OF ITS AFFILIATIONS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT PUNITIVE OR SIMILAR DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY LIABILITY OF IWINK, LLC. or ANY OF ITS AFFILIATIONS OR AGENTS TO YOU FOR 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 IWINK, LLC. FOR THE USE OF THE SERVICE IN THE TERM IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO SUCH CLAIM.
7.1 You hereby agree to indemnify, defend and hold IWINK, LLC., and any of it's officers, directors, owners, agents, employees, information providers affiliates, licensees, (collectively, the "Indemnified Parties") harmless from and against any and all liability and cost, including, without limitation, regulatory penalties, fees and costs incurred by the Indemnified Parties in connection with any claim arising out of relating to your use of or membership with the Service; or any breach by you of the terms and conditions of this Agreement, including, but not limited to, all liability and costs to IWINK, LLC. for your infringement of any of your warranties, representations, or acknowledgements herein. You shall cooperate as fully as responsibly required in defense of any claim. IWINK, LLC. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter related hereto without the written consent of IWINK, LLC.
8.1 This Agreement is entered into the State of New York, County of New York. The parties consent to the exclusive jurisdiction of any federal or state court located in the State of New York, and agree that New York law shall govern any dispute hereunder.
9.1 This Agreement, which shall be excepted by you upon your registration for the Service, sets forth the entire understanding between us concerning the subject matter of this Agreement. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between us relating to the subject matter of this Agreement. No representation or warranty has been made by or on behalf of any party to this Agreement ( or any officer, director, employee or agent thereof) to induce any other party to enter into this Agreement, except representations and covenants and warranties, if any, expressly set forth herein. No alteration, amendment, change or addition to this Agreement shall be binding upon any party unless in writing and signed by the party to be charged or as expressly provided for herein.
9.2 This Agreement shall be binding upon and for the benefit of the undersigned parties and their successors and assigns, provided that you may not assign this Agreement without the prior written consent of IWINK, LLC.
9.3 Failure by IWINK, LLC. to enforce any provision of the Agreement shall not constitute a waiver of any term hereof. In addition, if any term or condition of this Agreement is held to be invalid or unenforceable by court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as effect the intent of the terms and conditions of this Agreement, and the remainder of the terms and conditions shall continue in full force and effect.