SERVICE AGREEMENT


SERVICE AGREEMENT

This is a legal Agreement (the “Agreement”) between you and
livingspheredating.com
(”
livingspheredating.com
“), the owner and provider of
PositiveSingles.com
. Please read this Agreement carefully before registering for the
PositiveSingles.com
service.
PositiveSingles.com
is a service through which adults (the “Member”) can meet other adults with similar
interests and backgrounds online (the “Service”).

By registering for
PositiveSingles.com
, you become a Member of the Service, and you agree to be bound by the terms and
conditions of this Agreement for as long as you continue to be a Member. If you
do not agree to the terms, please do not register for the
PositiveSingles.com
Service. The terms are subject to change by
livingspheredating.com
at any time, effective upon notice to you by the posting on the
PositiveSingles.com
Site, and your use of the Service after such posting will constitute acceptance
by you of such changes.

1. 
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS


1.1 
The Service is provided to you under the terms and
conditions of this Agreement, and the
livingspheredating.com
‘s Privacy Policy . 


1.2 
You must be at least
18
years of age to register as a Member of
PositiveSingles.com
or use the Site. Membership in the Service is void where prohibited.


1.3 
By completing the registration process, clicking the checkbox
labeled “I have read and understood this Agreement and agree to all the provisions
contained above”  and using the Site, you represent and warrant that you have
the right, authority and capacity to enter into this Agreement and to abide by all
the terms and conditions in the Agreement.


1.4 
If you wish to obtain a copy of this Agreement in non-electronic form, please contact livingspheredating.com at the address listed on our Contact page.

2. 
MEMBER’S REGISTRATION INFORMATION


2.1 
As a condition for using the Service, you agree
to:

  • provide true, accurate, current and complete information
    about yourself as prompted during the registration process, including but not limited
    to the Contact Information form; and
  • to maintain and update this information to keep it
    true, accurate, current and complete.

  • 2.2 
    If any information provided by you is found to be
    untrue, inaccurate, non-current or incomplete,
    livingspheredating.com
    has the right to terminate your account and refuse any and all current or future
    use of the
    PositiveSingles.com
    Service.

    3. 
    PROFILE SHARING AND DISTRIBUTION


    To expand the availability of profiles on SuccessfulMatch sites, profiles may be shared with other sites within the SuccessfulMatch Network. By posting or maintaining a profile on this or any other SuccessfulMatch Network site, you agree and consent that said profile shall be subject to placement on other SuccessfulMatch Network sites, at the discretion of SuccessfulMatch, without further notice.

    4. 
    CONTENT POSTED BY YOU


    4.1 
    You hereby acknowledge, understand and agree that
    all information disclosed by you to
    livingspheredating.com
    and any of its other companies, has been disclosed freely and knowingly, and that
    any and all information posted in or on the
    livingspheredating.com
    Site or any other Site owned by
    livingspheredating.com
    will be used in furtherance of the services
    livingspheredating.com
    offers. The information will not be disclosed knowingly or willfully to any third
    party without your authorization as described in detail in the
    livingspheredating.com
    Privacy Policy, except as may otherwise be permissible by this Agreement
    and required by the Services offered by
    livingspheredating.com
    .


    4.2 
    You acknowledge that by submitting any type of communications
    to
    livingspheredating.com
    , no fiduciary, confidential, contractually implied or other relationship is created
    between you and
    livingspheredating.com
    or any of its subsidiaries or affiliates other than those expressly subject to these
    terms and conditions.


    4.3 
    Anytime you as a Member and/or Standard member upload files,
    messages, enter data or engage in any other form of communication, individually
    or collectively, within the Site, you grant to
    livingspheredating.com
    a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive,
    royalty-free license to use, including but not limited to promotional and advertising
    purposes, copy, license, sublicense, adapt, distribute, display, publicly perform,
    reproduce, transmit, modify, edit and otherwise exploit such communications and
    any ideas or original materials contained in such communications, in all media now
    known or hereafter developed. This grant shall include the right to exploit any
    and all proprietary rights in such communications including, without limitations,
    any and all rights under copyright, trademark, service mark or patent laws under
    any relevant jurisdiction.


    4.4 

    livingspheredating.com
    has and reserves the right to remove anything that it deems, in its sole and absolute
    discretion and in compliance with relevant laws, does not comply with the terms
    of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.

    5. 
    MEMBER INFORMATION & EMAIL


    5.1 

    livingspheredating.com
    considers non-public member account information, including but not limited to information
    provided during the registration process and e-mail communications transmitted through
    the Service, to be private information.
    livingspheredating.com
    shall not disclose such information to any third parties without your consent. However,
    you acknowledge and agree that
    livingspheredating.com
    may in good faith disclose such information if it is reasonably necessary:

    • to comply with the law;
    • to enforce the Agreement;
    • to respond to claims that such content violates the rights of
      third-parties; and
    • to protect the rights or interests of SM.com and its users.


    5.2 
    You understand and agree that
    livingspheredating.com
    may access the content of your account in order to identify and resolve technical
    problems or service complaints.

    6. 
    MODIFICATIONS TO SERVICE AGREEMENT


    livingspheredating.com
    reserves the right, at its sole discretion, to modify, change, add or remove any
    portion of these terms and conditions of use, in whole or in part, at any time.
    You will be informed of any such changes by a notice on the log-in page of the Service
    stating that the Agreement has changed. Changes in these terms and conditions will
    be effective from the time they are posted on the site. Your continued use of the
    Service after
    livingspheredating.com
    has posted such notice constitutes your acceptance of any such changes.

    7. 
    MODIFICATIONS TO SERVICE


    7.1 

    livingspheredating.com
    reserves the right to modify or discontinue, temporarily or permanently, the
    PositiveSingles.com
    Service with or without notice to you.


    7.2 
    You agree that
    livingspheredating.com
    shall not be liable to you or any third party for any modification or discontinuation
    of the Service.

    8. 
    MEMBER CONDUCT


    8.1 
    You agree to be solely responsible for the contents
    of your transmissions to or through the Service and for your interactions with other
    livingspheredating.com
    members.


    8.2 
    You agree to abide by all applicable local, state,
    national, and international laws and regulations in your use of the Service, and
    agree not to attempt to gain unauthorized access to other computer systems or networks
    connected to the
    PositiveSingles.com
    Service. You also agree not to interfere with the use and enjoyment of the Service
    by other members.


    8.3 
    You agree not to transmit any unlawful, harassing,
    libelous, privacy invading, sexually and/or racially offensive, abusive, threatening,
    harmful, vulgar, obscene or otherwise objectionable material of any kind.


    8.4 
    You agree not to transmit any material that violates
    the rights of another, including but not limited to the intellectual property rights
    of another.


    8.5 
    You agree not to transmit “junk mail”,
    “spam,” “chain letters,” or unsolicited mass distribution of email,
    or to use the
    PositiveSingles.com
    Service for any commercial purposes.


    8.6 

    You agree not to engage in advertising or solicitation of other members across any sites owned by SM.com. This includes but is not limited to advertising to buy or sell any products or services, solicitations of any sort, or for any commercial purposes. You are forbidden from sending any chain letters, junk email, or product solicitations through our service. Use of our service for advertising is strictly forbidden unless expressly approved by SM.com.

    9. 
    USE OF SITE


    9.1 
    ou agree not to interfere or attempt to interfere
    with the operation of the site (the “Site”), Service and/or Software use to operate
    the Site and the Service (the “Software”) in any way through any means or device
    including but not limited to uploading computer viruses, hacking, spamming and/or
    time bombs, or by means expressly prohibited by any provisions of these terms and
    conditions.


    9.2 
    You and/or any Member and/or Standard member may not at any
    time attempt to use or act upon any software, robot, and bot, spider and/or any
    other means of entering the Site and/or Service. You may not post any type of service
    or URL for any reason.


    9.3 
    You agree not to include in your public profile
    any telephone numbers, street addresses, last names, URLs, email addresses, offensive
    anatomical or sexual references or offensive sexually suggestive language. You also
    agree not to post any photos containing nudity or otherwise offensive material in
    any areas on the Site or the Service, which are accessible to the public or
    livingspheredating.com
    ‘s general membership.


    9.4 

    livingspheredating.com
    reserves the right, but has no obligation, to reject or remove any profile or photo
    that does not comply with the letter or spirit of the Agreement.


    9.5 
    Your membership in the
    PositiveSingles.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. You are responsible for logging out if your computer is accessible
    to others. This prevents unauthorized access.

    10. 
    NO RESALE OF SERVICE

    You agree not to resell the
    PositiveSingles.com
    Service or use of or access to the Service.

    11. 
    PAYMENT TERMS


    11.1 
    For purposes of your use of our Service, you agree
    to provide us with true, accurate and complete information as required by the subscription
    or sign up process (“Subscription Data”), including your legal name, address,
    phone number, email address and other billing information (e.g., credit card number
    and expiration date), and to allow us to share your Subscription Data with third
    parties for the purpose of verifying the information you provide and billing your
    credit card or otherwise charging your account.


    11.2 
    Payment for the Service may be made by credit card
    or other means by which
    livingspheredating.com
    authorizes.


    11.3 
    The monthly service charges are subject to change
    without any notice.


    11.4 
    You agree to promptly inform
    livingspheredating.com
    of apparent breaches of security, such as loss, theft, or unauthorized disclosure
    or use of an ID or password. Until
    livingspheredating.com
    is notified by e-mail of a breach in security, the Member will remain liable for
    any unauthorized use of the service.


    12. 
    TERMINATION


    12.1 
    You agree that
    livingspheredating.com
    may, in its sole discretion, terminate or suspend your access to all or part of
    the Service for any reason, including, without limitation, breach of the Agreement
    or any subsequent modifications, or your attempt to assign your account to a third
    party. You acknowledge and agree that termination may be effected without prior
    notice, and acknowledge and agree that
    livingspheredating.com
    may immediately delete files in your account and bar any further access to it.
    livingspheredating.com
    may also impose limits on certain services and features or restrict your access
    to parts or the entire Site without notice or liability.


    12.2 
    You acknowledge and agree that any suspected fraudulent,
    abusive or illegal activity may be termed as grounds for termination of your account
    and may be referred to appropriate law enforcement authorities.


    12.3 
    Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify livingspheredating.com of termination by sending an e-mail to support@ PositiveSingles.com .


    12.4 
    Your membership under this Agreement shall be available
    for an unspecified term on an at-will basis. If
    livingspheredating.com
    terminates your membership in the Service because you have breached this Agreement,
    you will not be entitled to any refund of unused subscription fees.  Even after
    your membership has terminated, this Agreement will remain in effect. All terms
    that by their nature may survive termination of this Agreement shall be deemed to
    survive such termination.

    13. 
    DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES


    13.1 
    You acknowledge and agree  that any and all
    links from
    livingspheredating.com
    and/or all other sites owned and/or operated by
    livingspheredating.com
    on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement
    from
    livingspheredating.com
    or any of its partners, affiliates, and/or other sites or services. These links
    are provided as an information service only. It is the responsibility of the Member
    to evaluate the content and usefulness of information from these links.


    13.2 
    Because
    livingspheredating.com
    has no control over such sites and recourses, you acknowledge and agree that
    livingspheredating.com
    is not responsible for the availability or content of such external sites or resources.


    13.3 
    You agree not to hold
    livingspheredating.com
    liable for any loss or damage of any sort incurred as the result of the presence,
    availability or non-availability of the advertisers, partners, vendors or other
    third parties available on or through the Service, or as the result of any dealings
    with such parties, including but not limited to attendance at events advertised
    or purchase or use of goods or services offered on or through the
    livingspheredating.com
    Site.

    14. 
    PROPRIETARY RIGHTS


    14.1 
    You acknowledge and agree that content, including
    but not limited to text, software, music, sound, photographs, graphics, video, or
    other material contained in sponsor advertisements or information presented to you
    by
    livingspheredating.com
    , its partners or advertisers, is protected by copyrights, trademarks, service marks,
    patents, or other proprietary rights and laws. You acknowledge and agree that you
    are permitted to download and print this material and information for your personal,
    non-commercial use or as expressly authorized by
    livingspheredating.com
    , its partners or advertisers, and may not copy, reproduce, transmit, distribute,
    or create derivative works of such content or information without express authorization.
    You agree to abide by any and all information, restrictions, and/or copyright notices
    displayed on the site.


    14.2 
    To the fullest extent permitted by law, you acknowledge
    and agree that any material you send to
    livingspheredating.com
    , by email or otherwise, including any suggestions and comments on
    livingspheredating.com
    , the site,
    PositiveSingles.com
    , the Service and/or the Software or that you post in any areas on the Service that
    are accessible to the public or
    livingspheredating.com
    ‘s general membership, will be treated as non-confidential and non-proprietary and
    livingspheredating.com
    may use such material, in whole or in part, in any medium for any purpose, including
    but not limited to the reproduction, disclosure, transmission, publication, broadcast
    and posting of such material in advertising and promotions.  You further agree
    that no commission or money will be exchanged in return.

    15. 
    WARRANTIES & REPRESENTATIONS

    By posting or transmitting any file, data, photograph, or other content
    or communication to
    livingspheredating.com
    or on the Service, you represent and warrant as follows:


    15.1 
    That the public posting and use of the file, message,
    data, photograph, or other content or communication by
    livingspheredating.com
    and any Members will not infringe or violate the rights of any third party, including
    but not limited to any intellectual property rights.


    15.2 
    That, prior to transmitting to
    livingspheredating.com
    or posting or reproducing on the Service any file, message, data, photograph, or
    other content or communication in which a third party has any proprietary interest,
    including but not limited to any intellectual property rights, you have obtained
    all necessary consent from that third party or parties.


    15.3 
    That you are using the Service in accordance with
    any and all applicable laws and regulations, including but not limited to your use
    in posting, transmitting or reproducing any file, message, data, photograph or other
    content or communication.

    16. 
    DISCLAIMER OF WARRANTIES


    16.1 
    The Service and the materials available on or through
    the
    PositiveSingles.com
    Service are provided “as is” and “as available” and without
    warranties or conditions of any kind, either express or implied.


    16.2 
    To the fullest extent permissible under applicable
    law,
    livingspheredating.com
    disclaims all warranties and conditions, express or implied, including, but not
    limited to, implied warranties and conditions of merchantability, merchant quality,
    correspondence to description and fitness for a particular purpose.


    16.3 

    livingspheredating.com
    does not represent or warrant that the
    PositiveSingles.com
    Service will be uninterrupted or error-free, or that defects will be corrected,
    or that this Site or the server that makes it available, are free of viruses or
    other harmful components.
    livingspheredating.com
    does not represent or warrant that the materials or the results of the use of the
    materials available through the Service or from third parties will be correct, accurate,
    timely, reliable or otherwise.


    16.4 

    livingspheredating.com
    is not responsible for the conduct, whether online or offline, of any user of the
    Site or Member of the Service.
    Further,
    livingspheredating.com
    has not and does not conduct criminal background checks on its users.

    17. 
    LIMITATION OF LIABILITY


    17.1 
    To the fullest extent permissible under applicable
    law,
    livingspheredating.com
    shall not be liable under any circumstances, including but not limited to negligence,
    for any direct, indirect, incidental, special or consequential damages that result
    from:

    • the use of or the inability to use the PositiveSingles.com Service,
    • any changes to the Service,
    • unauthorized access to or alteration of your transmissions or data,
    • any material or data sent or received or not sent or received, or
    • any transactions entered into through the Service.


    17.2 
    You specifically agree that
    livingspheredating.com
    is not responsible or liable for any threatening, defamatory, obscene, offensive
    or illegal content or conduct of any other party or any infringement of another’s
    rights, including intellectual property rights.


    17.3 
    In no event, except in jurisdictions where such
    provisions are restricted, shall
    livingspheredating.com
    and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
    and employees be liable to you or any third party for any exemplary, incidental,
    indirect, consequential, special or punitive damages, including any and/or lost
    profits arising from your use of the Site, the Service,
    livingspheredating.com
    , any and all other sites, any and all services, advertising, banners, and/or any
    part of the Site and/or any service or services offered, even if
    livingspheredating.com
    has been advised of the possibility of such damages.


    17.4 
    At all times
    livingspheredating.com
    and all of its other services and companies shall never in any way be liable to
    you for more than the amount paid.

    18. 
    INDEMNIFICATION

    You agree to indemnify and hold harmless
    livingspheredating.com
    and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
    and employees, from any loss, liability, claim, demand, or damage, including reasonable
    attorneys’ fees, asserted by any third party due to or arising from the content
    you transmit to or through, as well as your conduct on or arising from your use
    of the
    PositiveSingles.com
    Service and your use of the Service in violation of this Agreement and/or arising
    from a breach of these terms of use and/or any breach of your representations and
    warranties set forth within this Agreement.

    19. 
    NOTICE

    Any notice to
    livingspheredating.com
    shall be made via email or regular mail as listed under the Contact Us section on
    the Site. If the notice concerns your withdrawal from the Service as specified in
    section 11.3, it will be effective within a reasonable time after
    livingspheredating.com
    receives it. Your withdrawal notice will not affect the legal validity or enforceability
    of the Agreement provided to you and electronically signed by you prior to the effective
    date of your withdrawal.

    20. 
    GENERAL


    20.1 
    The Agreement and the relationship between you and livingspheredating.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and PositiveSingles.com agree to submit to the personal and exclusive jurisdiction of the state courts located in Santa Clara County, California or the United States District Court for the Northern District of California.


    20.2 
    The company’s failure to exercise or enforce any right
    or provision of the Agreement shall not constitute a waiver of such right or provision.


    20.3 
    You agree that regardless of any statute or law
    to the contrary, any claim or cause of action arising out of or related to use of
    the Service or the Agreement must be filed within one (1) year after such claim
    or cause of action arose, or be forever barred.


    20.4 
    The section titles in the Agreement are for convenience
    only and have no legal or contractual effect.

    21. 
    PROFILE DISCLAIMER


    livingspheredating.com
    posts all profiles without explicit knowledge of and/or about the person who submitted
    the profile or profiles. At any time you suspect anyone of wrongdoing or if at any
    time you feel the need to contact
    livingspheredating.com
    about a violation of its policy and/or policies please contact
    livingspheredating.com
    through email or fax at the addresses and numbers listed in the Contact Us section
    of the Site.

    22.  U.S.
    EXPORT CONTROLS

    Any and/or all software from livingspheredating.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:


    a. 
    into or to a national or resident of Libya, Iran,
    Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed
    goods; or


    b. 
    to anyone on the U.S. Treasury Department’s Table
    of Denial Orders. By using this Site and any Software and/or by downloading any
    Software, you represent and warrant that you are not located in, under the control
    of, or a national or resident of any such Country or on any such list.

    23. 
    DISCLAIMERS


    23.1 

    livingspheredating.com
    assumes no responsibility for any interruption, technical malfunctions, error, defect,
    deletion, omission, communications line failure, delay in operation or transmission,
    unauthorized access to, theft or destruction, or alteration of, members and/or users
    and/or standard member communications. This includes personal injury or damage to users, members,
    standard member, or anyone else or to any person’s computer related to or resulting from participating
    or downloading materials in connection with
    livingspheredating.com
    and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
    and employees.


    23.2 

    livingspheredating.com
    cannot guarantee and does not promise any specific results from use of the Service
    and/or the Site of
    livingspheredating.com

    I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS
    CONTAINED ABOVE

     

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