World Wide Mates Terms of Use Agreement

THIS AGREEMENT WAS LAST UPDATED ON: August 18, 2008

When you sign up for any service within WorldWideMates.com, all of which are referred to collectively as the "Service", you agree to all of the Terms and Conditions of this Agreement.

Please read the following Terms and Conditions carefully, as they form the Agreement between us. If you do not agree to these Terms and Conditions, you may not use the Service and should not proceed to place your personal ad. By using the Service, after May 21, 2007, you are agreeing to be bound by this Agreement, including all Amendments made to date.

User Agreement

This agreement constitutes your agreement with World Wide Mates Inc. (hereinafter referred to as "WorldWideMates", "Service", or "Site") with respect to your use of the Service. You must agree to abide by all of the Terms and Conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement "we" and "us" means World Wide Mates Inc. or any successor or assign of World Wide Mates Inc.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service Feature, database or content. We may also impose limits on certain Features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adult

You represent, warrant and covenant that you are at least 18 years of age (21 years old where 18 is not the age of majority). By using the Service you agree that you are 18 years of age (21 years old where 18 is not the age of majority). Failure to comply with this Agreement may result in legal action.

Code of Conduct

You agree to use the Service in accordance with the following code of conduct:

a) You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

b) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene or offensive language;

c) You will not forward chain letters through the Service;

d) You will not use the Service to infringe on the privacy rights, property rights, or other civil rights of any person;

e) You will not post messages, pictures or recordings or use the Service in any way which:

f) Your use of the Service is for your own personal use. You may not authorize others to use the Service and you may not transfer accounts with other users.

g) You are aware that the Service may contain explicit adult orientated materials provided by consenting users. However, your first thumbnail photo must be somewhat clean, meaning no bare breasts (nipples must be covered) and or lower section (penis, vagina and anis must be covered). Any adult related fully nude material must uploaded into your password protected galleries.

h) You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, World Wide Mates Inc. systems or to other members systems in any way; and

i) You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URL's, or full names through your publicly posted information.

Membership Categories

Users of the Service may become "Free Members" or "Full Members" of the Service. Free Members are allowed access to a minimal level of the Services Features and are not charged by us for the use of the Features they can access. Full Members are provided with access to additional features of the Service that are not available to Free Members. Full Members are not charged by us for the Features that are available to Free Members. Certain additional Features of the Service made available to Full Members are also free of charge. Certain other Features of the Service are "Paid Features", for which a Full Member is charged.

Fees and Payments

Free Members of the Service are required to set up an “ad profiles” in order to access the Service.  To activate additional features of the Service, Free Members may purchase a 1 or 3 month flat rate Full Membership and may pay via Credit Card, Cheque (Canada) / Check (U.S.) or any other method the company may accept as payment of account, in accordance with our pricing Policy for Full Memberships as posted on our site by us.  All prices are quoted in United States currency.  In addition to paying the published price, the Purchaser is responsible for paying all applicable taxes in connection with their purchase.  We reserve the right to change our pricing Policy at any time at our sole discretion.  We also reserve the right to change the method or manner in which we charge for our Service at our sole discretion.  Once confirmation and payment have been received, we will credit your account with the number of months and/or credits purchased.  In addition to paying the published price for credits, the Purchaser is responsible for paying all applicable taxes in connection with the purchase of the credits.

Where we receive payment in an incorrect amount, we will credit your account with a pro-rated number of credits based on the funds received. Where we receive payment in a denomination other than one normally accepted by us, we will convert the payment to US$ at a reasonable market exchange rate at the time of processing. Credits will automatically be deducted from your account as you use "paid Features" of the Service. You may confirm the number of credits which remain available to you in your account at any time by checking your account online. A Full Member whose account of credits is reduced to zero, remains a Full Member, but cannot access certain "Paid Features" until additional credits are purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused credits are automatically and immediately forfeited.

The purchase of credits is non-refundable. Any unused credits will remain credited to your account for a period of 180 days after your last log in, will not be refunded if unused, even if you are no longer using the Service. If you do not log into your account for a period of 180 consecutive days, your credit balance will be set to zero. Credits will only be credited to the account of the Full Member purchasing the credits, and to no one else. Credits may not be transferred from one Member of the Service to another Member. The cost of credits purchased by a Full Member is not refundable under any circumstances but can be used by you at any time.

A Full Member receives a subscription giving access to the “paid Features” of the Service.  Subscription Members will be able to send unlimited emails and instant messages for as long as the subscription remains active.  In order to purchase a subscription, you may make an online charge to a credit card account in accordance with our pricing Policy for subscriptions as posted on the site from time to time.  A subscription is valid for either 30 or 90 days from the time of payment.  Once purchased and unless cancelled, subscriptions are automatically renewed for a further 30 or 90 days (1 month or 3 months) as the case may be and are charged to the credit card originally used to purchase the subscription.

Subscriptions may be cancelled at any time prior to the end of any 30 or 90 day period, as the case may be, by clicking on the “cancel subscription” button on your account page.  Cancellation will be effective as of the next billing date as long as notice is given at least 24 hours prior to the end of the applicable 30 or 90 day period.  If your usage of the Service is terminated because of a breach of this agreement or if it is terminated for any reason, any unused subscription time is automatically and immediately forfeited.

The purchase of any subscription is non-refundable.  Once purchased the subscription has no monetary value and only entitles you to use of paid Features on the site for the subscription period based on your selected subscription package for a period of 30 or 90 days, as the case may be.

In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the subscription. We reserve the right to change our pricing Policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.

You agree to pay or have paid all fees and charges incurred in connection with your Membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. You are also responsible for any fees or charges incurred to access the Service through an internet access provider or other third party service, including but not limited to telephone charges. You, and NOT WE are responsible for paying any amounts billed to your credit cards by a third party, which were not authorized by you.

Advertising

You agree to grant World Wide Mates Inc. a license for the right to use your images*, text* or recordings* on our partners' sites or in the marketing of the Service.

* Excludes any pictures, text, or recordings assigned to your backstage. Excludes your personal information, such as your email address or full name. Read our privacy policy.

Privacy and Use of Information

By using the Service, you have also agreed to our Privacy Statement.

You acknowledge that:

a) We cannot ensure the security or privacy of information you provide through the internet and your email messages and you release us from any and all liability in connection with the use of such information by other parties;

b) We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

c) We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users;

d) You acknowledge that you cannot sue World Wide Mates Inc. or any of its employees for any damages done to you through the site. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us at our sole discretion.

You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. We are not solely responsible for any offensive or obscene materials that may be transmitted or posted by other users (including unauthorized users as well as the possibility of "hackers"). We are also not responsible for the use of any personal information that the user may choose to post on the Service.

Removal of Information

While we do not and cannot review every message or other materials posted or sent by users of the Service, and we are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in or sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at or sole discretion and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information, which is proprietary to us and to our users. We assert full copyright protection in the Service. Information posted by us or other users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, pro-rated, if any, for use of the Service during the previous month. We may discontinue your change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to the use of your password by any third party.

External Links

The Service may from time to time contain links to other internet sites and resources. You acknowledge that we are not responsible for, and have no liability as a result of, the availability of external links or their contents. We suggest that you review the Terms of Use and Privacy Statement of such external links prior to use of them.

Indemnity

You agree to indemnify us, our Officers, Directors, Employees and Agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any Member profile (including any Member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by World Wide Mates Inc., our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, Member profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any Member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by World Wide Mates Inc., or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Advice Columnists

The Service may from time to time include messages from Advice Columnists who respond to "relationship" questions. Any statements made by Advice Columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counselor with respect to such issues.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any World Wide Mates Inc. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And your use of the Service, you consent to such disclosures and communications subject to the Terms of our Privacy Statement.

Governing Law

This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the Courts of the Province of Ontario and the Federal Courts applicable within the Province. If any provision in this is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International sale of goods. Les parties acceptant d'un commun accord Que la présente entente soit rédigée en Anglais.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICATION OF THE PROVINCE OF ONTARIO, CANADA.

Assignment

You do not have the right to assign this agreement or any of your rights to the Service to anyone. World Wide Mates Inc. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of World Wide Mates Inc., if World Wide Mates Inc's, obligations hereunder are assumed by a third party, World Wide Mates Inc. shall be relieved of any and all liability under this Agreement.

© World Wide Mates Inc., 2007-2008