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TERMS
AND CONDITIONS OF USE OF WEB SITE
AND
PARTICIPATION IN SPEED DATING EVENTS
Baare
does NOT screen its participants. All participants are advised
to use caution and due diligence when meeting other participants
after Speed Dating events. Under NO circumstance will Baare be
liable for any injuries or damages that may result from the conduct
of another participant.
1. LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION
In order to use the Baare web site and/or participate in Speed
Dating events, you must register and agree to be bound by these
Terms of Conditions of Use (Agreement). As part of
your registration, you must confirm that you have read these Terms
and Conditions of Use and follow the instructions for Registration.
This Agreement sets out the legally binding terms for your use
of the web site and participation in all Speed Dating events.
This Agreement may be modified by Baare, the owner of this web
site and the provider of the Speed Dating events, from time to
time.
2.
ELIGIBILITY
You must be at least twenty-one years old to register for Speed
Dating events and use this web site. Participation in Speed Dating
events and use of this web site is void where prohibited. By using
this web site and/or participating in Speed Dating events, you
represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement.
3.
TERM
This Agreement will remain in full force and effect while you
use this web site and/or participate in any Speed Dating events.
You may terminate your participation at any time, for any reason
by sending a written notice of termination to Baare by email.
Baare may terminate your access to the web site and your participation
in any Speed Dating events if you have breached the Agreement,
by notifying you, in writing, by email, at the email address you
have provided. If your rights are so terminated you will not be
entitled to a refund of any amounts paid to Baare. Even after
this Agreement is terminated, the provisions of paragraphs 4,
7, 8, 9, 11, 12, 13, 14, 15 and 16 shall remain in effect.
4.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
4.1 The content of this web site is the property of Baare, its
business partners, and/or various third party providers and distributors.
4.2 All title, ownership and intellectual property rights, including
the rights to copyrights, trademarks, service marks and logos
(collectively, the Intellectual Property) used on
the web site are vested in Baare, its business partners and their
affiliates and/or various third parties. Nothing contained on
this web site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any of the
Intellectual Property without the written permission of Baare,
its business partners or the applicable third party that owns
such Intellectual Property.
4.3 You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, products, services or any portion of
any material obtained from this web site, nor may you use any
of the Intellectual Property in connection with any other service
without the express written consent of Baare, its business partners
and/or their third party providers and distributors.
5.
ACCESS AND USE
5.1 You are granted access to make personal use of this site.
You are not allowed to download (other than page caching), modify
any portion of it, except with the express prior written consent
of Baare or its business partners, as applicable.
5.2 You may not use this site or its contents for any resale or
commercial use; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots,
or similar data gathering and extraction tools.
5.3 You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, page layout, or form) that belongs to Baare, its
business partners, their affiliates or any third party, without
the prior written consent of Baare, its business partners, or
such applicable third party.
5.4 You may not use any meta tags or any other "hidden text"
utilizing the name or trademarks of Baare, its business partners,
or their third party providers and distributors, without each
of their express prior written consents.
5.5 You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute
or encourage conduct that would be considered illegal, give rise
to civil liability, or otherwise be in violation of any law.
5.6 Any unauthorized use by you may result in the termination
of your right to use this site and to participate in Speed Dating
events.
6.
PARTICIPATION IN SPEED DATING EVENTS
6.1 The combination of Speed Dating events and the Speed Dating
web site afford participants an expanded opportunity to meet potential
dates. The Speed Dating process offers participants three
types of matches.Mutual Matches. These are matches
where two participants each score a yes on their scorecards
for the other. In each such case you will be provided the
contact information of your matches via email.
6.2
By participating in Baare Speed Dating events you agree that you
may be photographed and that the photos will be published on the
Baare website. These photographs belong to Baare.
7.
WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Baare
MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE FROM TIME TO
TIME. Baare, ITS BUSINESS PARTNERS, THEIR AFFILIATES AND/OR THIRD
PARTY PROVIDERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS ABOUT
THE ACCURACY OR SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED AS IS
WITHOUT WARRANTY OF ANY KIND. Baare, ITS BUSINESS PARTNERS, THEIR
AFFILIATES AND/OR THIRD PARTY PROVIDERS AND DISTRIBUTORS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER MAY
NOT APPLY TO YOU.
8.
SPECIAL LIABILITY DISCLAIMERS AND RELEASE
Baare
does not screen its participants. All participants are advised
to use caution and due diligence when meeting other participants
after the Speed Dating events. Under no circumstance will Baare
be liable for any injuries or damages that may result from the
conduct of another participant.
You
hereby understand and acknowledge that by using this web site
and participating in Speed Dating events that your email address,
first name and certain other profiling information that you provide
will be provided to certain other participants. Neither Baare
nor any of its business partners have conducted any research on
the backgrounds of any of the participants in Speed Dating events
or visitors to this web site, and you agree to release Baare and
its business partners from any liability and assume the full responsibility
and risk with respect to any person you meet at a Speed Dating
event or through this web site. We strongly encourage you to take
the same precautions you would take in meeting any new person
in order to assure your safety.
You
also understand and acknowledge that Speed Dating events are held
at venues of which neither Baare nor any of its business partners
have any control. Therefore, in the event that you are injured
or suffer damages in any regard at a Speed Dating event, you agree
to release Baare and its business partners from any liability
with respect thereto, unless such damages result directly from
the actions of any employee or agent of Baare or its business
partners.
All
participants in Speed Dating events understand and acknowledge
that Baare provides a fun and exciting method of meeting new people.
Baare does not guarantee that any participant will successfully
match with any other participant. Additionally, Baare does not
guarantee that any match between participants will be successful.
9.
MEDIA AUTHORIZATION AND RELEASE
Baare, along with certain permitted third parties including, without
limitation, representatives of the television, radio, print and
online media, may photograph and/or make audio/video recordings
of any of the Speed Dating events. By attending and participating
in any Speed Dating event, each participant agrees to permit the
taking of any such photographs and to be recorded in both audio
and video media.
Each
participant at a Speed Dating event also irrevocably authorizes
Baare, its agents, representatives, successors and assigns to
use in perpetuity, throughout the world, in any manner whatsoever,
all or any portion of photographs and audio/video recordings in
which such participant appears, and any comments, statements or
testimonials made by such participant, while attending a Speed
Dating event. Such photographs may be used by Baare, its agents,
representatives, successors and/or assigns for any legal purpose
including, without limitation, marketing and advertising of Speed
Dating events or products, or for editorial purposes.
No
person shall be entitled to any compensation in connection with
the use and exploitation of any photographs or audio/video recordings.
Each
participant at a Speed Dating event irrevocably releases Baare,
its principals, employees, agents, representatives, successors
and assigns from and against any and all claims, suits, liabilities,
or damages which such person may have in connection with his or
her attendance and/or participation in any Speed Dating event
and the exploitation of photographs and/or audio/video recordings
in any manner or format.
Baare
will not use a participant's name or any other personally identifiable
information, unless such participant has specifically granted
his or her consent, in writing, for such use.
10.
LIMITATION OF LIABILITY
NEITHER Baare NOR ITS BUSINESS PARTNERS ASSUME ANY RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEB SITE OR YOUR DOWN
LOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THIS SITE. IN NO EVENT SHALL Baare, ITS BUSINESS PARTNERS, THEIR
AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF
THIS WEB SITE OR CONTENT FOUND ON THIS SITE, (II) ANY FAILURE
OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR INABILITY
TO USE ANY COMPONENT OF THIS WEB SITE) OR (III) THE PERFORMANCE
OR NON-PERFORMANCE BY Baare, ITS BUSINESS PARTNERS, THEIR AFFILIATES
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If,
notwithstanding the foregoing, Baare, its business partners, their
affiliates or any third party provider or distributor should be
found liable for any loss or damage, with respect to the use of
this web site or in connection with any Speed Dating event, such
damages shall not exceed, in the aggregate, the fees paid by any
person for the services and/or products of Baare. Some states
and jurisdictions do not allow limitation of liability, so the
foregoing limitation may not apply to you.
11.
LINKS TO THIRD PARTY SITES
This web site may provide, or third parties may provide, links
to other web sites or resources. These links are provided to you
as a convenience and not as an endorsement by Baare of such other
web sites. Baare has no control over such sites and resources
and is not responsible or liable for any content, advertising,
products, or materials relating to such other sites, or for any
damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any such content, goods or services
available on or through any such sites or resources. If you decide
to access other web sites, you do so at your own risk.
12.
INDEMNIFICATION
You agree to indemnify and hold Baare, its business partners,
and each of their subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by
any third party due to or arising out of your use of this web
site or participation in the Speed Dating events in violation
of this Agreement and/or arising from a breach of these Terms
and Conditions of Use and/or any breach of your representations
and warranties set forth herein.
13.
GOVERNING LAW
This Agreement and its performance is governed by the laws of
the State of California, United States of America, without regard
to its conflict of laws provisions. You consent and submit to
the exclusive jurisdiction of the Courts of the California located
in California County..
14.
MODIFICATION
Baare may at any time modify these terms and conditions and your
continued use of the site will be conditioned upon the terms and
conditions in force at the time of your use.
15.
ADDITIONAL TERMS
Additional terms and conditions will apply to the use of this
site, including purchases of goods and services, the terms of
which are incorporated herein.
16.
SEVERABILITY
These terms and conditions shall be deemed severable. In the event
that any provision is determined to be unenforceable or invalid,
such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
17.
HEADINGS
The headings used in these terms and conditions are included for
convenience only and will not limit or otherwise affect these
terms and conditions.
18.
PRIVACY
You acknowledge that you have read the Baare Privacy Policy, the
terms of which are incorporated herein.
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