Term and Conditions

By registering on and using RomanticSingles.com you agree to enter this legal contract between you and RomanticSingles.com. By downloading Content from our website, you have agreed to be bound by the terms of this Agreement in respect to that Content. If you do not accept or agree with these terms do not download the Content. This Agreement is a license, not a sale. RomanticSingles.com continues to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement that states what you may and may not do with the Content and contains limitations on warranties and remedies.

Only you are permitted to use the Content. Any additional persons who wish to use the Content must download it from RomanticSingles.com using the site’s software themselves.

Within this Agreement and on the website, “we”, “us”, and “our” refers to RomanticSingles.com, a web property based in the State of Maryland, USA. “You” and “your” refers to you, the end user or customer. “RomanticSingles.com” and “RomanticSingles” and “Romantic Singles” may also be protected under applicable trademark and copyright laws.

This Agreement governs your use of the RomanticSingles.com Content (namely, the photographic images, illustrations, animations, audio clips, Flash files, member profiles or other material that you download from the RomanticSingles.com website in conjunction with you entering into this Agreement with RomanticSingles.com. Upon enrollment, we hereby grant to you a limited, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by RomanticSingles.com, or its Corporate Members, as the case may be.

PERMITTED USES
You may use the content solely for your own personal/individual enjoyment and entertainment.

PROHIBITED USES
You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. You may not upload Content to our system that is considered by RomanticSingles.com (acting reasonably) as pornographic, obscene, defamatory or libelous in nature. You may not reverse engineer, decompile, or disassemble any part of source code which may be contained within the Content or accompanying materials (if applicable). You may not remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials. You may not sub-license, re-sell, rent, lend, or otherwise distribute the Content. You may not post a copy of the Content on a network server or web server for use by other users. You may not transfer the rights to the Content or accompanying materials (if applicable).

TERM
Enrollment in RomanticSingles.com grants you a license to use the features of RomanticSingles.com as long as your membership remains active.

By applying for membership you indicate that you are of legal age in your jurisdiction to do so. RomanticSingles.com is not an ‘adult website’ per se, but by allowing users to contribute to the content we cannot always control or predict what will be available for other members to view. For that reason, we specify that you must be 18 years of age or older to become a member, unless your jurisdiction has more strict requirements.

We may cancel your membership at any time for any reason.

We do not perform background checks or otherwise screen potential members. We do not perform a criminal record check, a sex offender check, a violent criminal history check nor do we perform any screening process to verify identity or place of residence. Members are cautioned not to provide personal contact information to other members, not to send money to other members, and to always meet other members in public places (and preferably with friends.)

We strive to maintain the privacy of all members, except when law or Court Order requires us to divulge data for law enforcement purposes. We do not sell or share member information such as email addresses or other personal data that users submit to the RomanticSingles.com database. However, third parties such as Google may track visitors to RomanticSingles.com. For example, Google may track websites that members visit in order to serve more relevant advertising. We do not have access to the data that third parties collect and likewise, third parties do not have access to data stored in our databases.

You agree to use RomanticSingles.com only for lawful purposes. If you are found to be using the system for child pornography, prostitution, soliciting international money transfers or any other unlawful purpose your account will be canceled and the authorities notified.

We may also cancel your membership for nonpayment (if applicable), fraudulent payment (if applicable), fraudulent referrals (and rebates as applicable), fraudulent enrollment by underage minors, tampering with or ‘hacking’ the site, illegal activities, or for complaints from other members about behavior and decorum on the boards or chat system.

You may cancel your membership at any time for any reason. If you cancel your membership all of your account “RS points” will be lost, your saved messages will be deleted, and your personal identifying data such as picture and email address will be removed from the database. These deletions are permanent as our policy is not to keep copies of previous members’ data.

If you later choose to reinstate a membership after cancellation you will be required to start fresh with a blank account and the default starting number of RS points. Your previously deleted RS points, messages, and pictures are not recoverable and have permanently been removed from the database. This also applies to those members who have been forcibly removed from the database for terms of use violations or for multiple complaints from other members regarding profanity or decorum in general.

This License is effective until it is terminated by RomanticSingles.com or you. The License also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree not to attempt access to the RomanticSingles.com webservers or databases. Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to RomanticSingles.com (if applicable) under this agreement or your obligations to not use the Content, or any Derivative Works related thereto, other than in the manner permitted under this Agreement.

By logging on to RomanticSingles.com you hereby affirm that you are not a law enforcement officer, a private investigator, an agent of the Federal Bureau of Investigation or its equivalent. Any data or evidence gathered by such unauthorized access cannot be used in any action against RomanticSingles.com or its Officers or Agents as this evidence would have been unlawfully obtained.

LIMITED REPRESENTATIONS AND WARRANTIES
    The RomanticSingles.com website acts as an exchange of Content between those who provide Content to the website (our Members) and those who wish to view such Content. Accordingly, RomanticSingles.com makes no representation or warranty whatsoever on any of the Content. Statements as to any rights and ownership of the Content are provided (where applicable) as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the party who uploaded or otherwise provided the Content to our website.
    THE CONTENT AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED ”AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RomanticSingles.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT RomanticSingles.com) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.

LIMITATION OF REMEDIES AND LIABILITY
    IN NO EVENT SHALL RomanticSingles.com OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
    IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO ROMANTICSINGLES.COM UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.
    SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify and hold RomanticSingles.com harmless against all claims or liability asserted against RomanticSingles.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

GENERAL
If any provision or part thereof of this Agreement is wholly or partially unenforceable, the parties agree that a court of competent jurisdiction shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement. RomanticSingles.com reserves the right to elect at a later date to replace or update the Content with an alternative for any reason.

    RomanticSingles.com VEHICLE MAGNETS
    Before you place a magnet on your vehicle, make sure that the surface of the vehicle is clean and free of dust, dirt, mud etc. A freshly waxed surface works best. Any dirt caught between the magnet and the vehicle can cause abrasion and scratches. RomanticSingles.com is not responsible for any damage to vehicles. The magnets are provided “as is” and are to be used at your own risk.
    Do not apply a cold magnet to a vehicle. Make sure it has warmed up to room temperature so that it is flexible and can follow the contour of the body panel. If you left the magnet inside your car overnight and it has been cold, bring the magnet inside and apply it to a file cabinet or your refrigerator so that it can warm up and become more pliable again. Do not use a stiff magnet on a vehicle as it will be likely to fall off.
    The RomanticSingles.com magnets are intended to be used in stop and go traffic, and/or ”gridlock” traffic patterns. They are not intended for highway speeds and easily can be blown off of a vehicle if traveling at high speed. We recommend pulling over to a safe location and removing the magnet if the traffic congestion is easing up and road speeds appear to be exceeding 7-10 miles per hour (ie, faster than a brisk walking speed).
    When placing the magnet in position, lay the top edge against the body panel and then allow the bottom to fall into place. Do not place the magnet flat on the surface all at once as this might trap air bubbles underneath, weakening the holding power of the magnet. At slow speeds there should be no problem with air pressure causing the magnet to lift off. If you drive at speeds above 10mph you assume all risk and liability from the magnet detaching and striking another vehicle (causing damage) or blinding another person’s view of the road (obscuring windshield).
    As with any vehicle based advertising medium, we recommend that you not focus on another vehicle's magnetic banner while driving or attempt to get other drivers to focus on your vehicle's magnet. Safety on the road should be your primary concern, so focus your energy on driving and let your passenger(s) read the RomanticSingles.com banners on vehicles next to you.
    If you have placed the magnet on the vehicle and it is not level, do not try to drag the magnet into a better position. It is best to remove the magnet completely from the bottom and to carefully reapply it as above. If you pull it while it is sticking to the vehicle it may cause the magnet to tear or stretch, reducing its holding power. DO make sure the magnet is flat across the surface, and not covering any bumper strips, side mouldings or pinstripes. Any of these will reduce the holding power of the magnet.
    DO NOT leave the magnet on the vehicle for extended periods of time. It is best to remove the magnet each day, or moisture can accumulate underneath the magnet and damage the vehicle’s finish. Before reapplying the magnet, make sure the surface of the vehicle is clean and dry. If the bottom of the magnet needs cleaning, use a clean soft cloth, warm water, and mild dish soap.
    DO NOT leave the magnet applied to the vehicle in direct hot sunlight! It is possible for the magnet backing to melt and FUSE to the vehicle's paint! If you follow these guidelines there should never be an issue with damage to a vehicle caused by a RomanticSingles.com magnet. RomanticSingles.com is NOT responsible for any property damage that may be directly or indirectly caused by using our magnetic banners.  Some vehicles do not have metal side panels. Some vehicles are fiberglass or plastic (Corvette, Fiero, Saturn, for example), some are aluminum (some Audis, for example) and some are stainless steel (DeLorean, for example). If your vehicle is not a suitable substrate for a magnet to adhere to, we DO NOT recommend using alternate methods of fixation. We especially discourage the use of adhesives or adhesive tapes as they might damage the paint or finish of a vehicle. If your vehicle is not receptive to a magnet then DO NOT use a RomanticSingles.com magnetic banner on your vehicle. If this is an important issue for you, please test your vehicle FIRST with a refrigerator magnet before enrolling in RomanticSingles.com. We will NOT issue any refunds (if applicable) because the magnet does not stick to your vehicle.
    You agree to provide and for us to use your likeness on our homepage and within the website for promotion of RomanticSingles.com. In order for you to receive a prize offered in exchange for RS Points you agree to allow us to display your likeness on the website so that other members and potential members know who won said prize and when that prize was awarded. You may provide your likeness by providing an electronic picture in jpg, gif, or png format. If we use your likeness on the internet for promotion of tZight prizes you agree not to seek any compensation for said use of your likeness.
    You have read and understand that you must provide any necessary computer equipment to view and use the Content of RomanticSingles.com. We recommend Mozilla Firefox and a fast (DSL, cable or other broadband) internet connection. While dial up internet access will not prevent access to the site, the download speeds may be cumbersome given the large, graphics intensive files contained in the Content. You must have Java enabled on your computer for the bulletin board and chat functions to operate. It is your responsibility to make sure your computer has these capabilities before you enroll. NO REFUNDS will be given for reasons of inadequate computer resources on the client (customer) side. Our site is hosted on well known Enterprise Class servers with redundant connectivity. In the event of catastrophic data loss or permanent loss of web server connectivity we MAY offer refunds for services paid for but not received (if applicable) . In that case any refunds offered will be at the sole discretion of RomanticSingles.com.

ELIGIBILITY TO WIN RomanticSingles.com PRIZES AND EARN RomanticSingles.com REFERRAL REBATES
Participation is open to active members of RomanticSingles.com who are legal residents of the 50 United States and the District of Columbia, age 18 or older. Other jurisdictions may be eligible depending on the prize, but this is determined on a caser by case basis by RomanticSingles.com only. Bidding on prizes is not open to employees or immediate family members of employees of RomanticSingles.com.

    RS Point auction winners may be disqualified from winning a prize if their account has been tampered with or their points were gained by fraudulent means. If the current winner is disqualified then the next highest bidder will be awarded the prize, at RomanticSingles.com’s discretion.
    If the prize winner has canceled membership after the auction, is unable to be notified, or if the prize is returned as undeliverable, then an alternate winner for such prize will be selected.
    RomanticSingles.com deserves the right, at its sole discretion, to nullify awarding any prizes should viruses, bugs, unauthorized human intervention or other causes corrupt or impair the administration, security or fairness of the contest.

By participating in the Prize section of RomanticSingles.com, members agree to be bound by these rules. No transfer, assignment, cash redemption or substitution of prizes is permitted except by RomanticSingles.com due to prize availability, and then a prize of equal or greater value will be substituted. By accepting prizes, winners and their legal guardians agree that RomanticSingles.com will have no liability, and will be held harmless by winners for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorneys' fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the RomanticSingles.com point contest, even if caused or contributed to by the negligence of RomanticSingles.com. Participants agree that any and all decisions of RomanticSingles.com related to this contest are final. By enrolling as a member with RomanticSingles.com all winners consent to the use of their name, likeness, and certain contact information (such as username on the website) for promotional purposes and without additional compensation, except where prohibited by law.

Winners of previous point contests will generally be listed on the website.

JURISDICTION AND ARBITRATION
    This Agreement will be governed under the laws of Maryland and the federal laws of The United States (without reference to conflicts of law principles).
    You consent to service of any required notice or process upon you by email, registered mail or overnight courier, addressed to the address or contact information provided by you at the time of your enrollment.
    Any and all notice of dispute arising out of, under, or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to the Administrator of RomanticSingles.com. If the dispute cannot be resolved upon such notice, parties agree to seek the opinion of a Court in Montgomery County, Maryland, pursuant to the applicable procedural rules of filing a Complaint in the State of Maryland.
    If RomanticSingles.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse RomanticSingles.com for its legal fees, costs and disbursements if RomanticSingles.com is successful.
    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND RomanticSingles.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND RomanticSingles.com RELATING TO THE SUBJECT OF THIS AGREEMENT.

EULA Version Effective 5/1/09

Added 10/7/09: This End User Licensing Agreement Also Applies to the Mobile Version of RomanticSingles.com located at RS2.US