Eligibility And Acceptance Of Terms

Welcome to Colombianhearts.com! Here we state the Terms of Use forming the agreement under which you may use Colombianhearts.com. Please read this page carefully. If you do not accept these Terms of Use, do not use this website and service.

This statement discloses the information gathering process and the privacy and dissemination practices for the Colombianhearts.com Web site. Colombianhearts.com has created this privacy statement in order to demonstrate our firm commitment to protect your personal privacy.

Colombianhearts.com, Inc. (the "Company") may revise these Terms of Use at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this website immediately upon posting. You should visit this page periodically to review these Terms of Use, because they are binding on you. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this website for any reason.

By using this website, you are indicating that you are 18 years of age or older, that you have the full power and right to enter into this Agreement, and that you agree with and will abide by the terms of this Agreement.

Colombianhearts.com is an internet singles portal designed to provide an easy way to meet other singles on the internet. Members create a profile and are then paired with a number of other members based on their pre-selected dating criteria.

Colombianhearts.com is a membership-based service that collects credit card numbers, addresses, and bank information only from those who choose to sign up as paid members. Any visitors to Colombianhearts.com may choose to browse the site, search the profiles and/or view any articles by signing up for a free trial membership.

Colombianhearts.com’s registration form requires users to provide contact information such as an email address and demographic information (such as zip code, age, or income level).

 
Private, Public and Aggregate Information obtained by Colombianhearts.com 

Private Information is any information that allows others to contact a user other than through Colombianhearts.com or allows the collection of information about the user other than what is displayed on the site. Private information is gathered from free trial members and regular members. This information includes, but is not limited to: email address, first name, last name, credit card number, and address.

Use of Private Information: We use email addresses submitted by members when forwarding anonymous emails. Responders email addresses are not disclosed to the original sender nor is any other personally identifiable information. We may use a user's email address to send news regarding our site or offers we feel appropriate to our members but the user may choose not to receive email of this type by indicating upon joining up to not receive such mail or later at any time through our unsubscribe methods or by modifying their account information.

Email addresses may also be used in private correspondence with the user for customer service issues. Financial information that is collected is used to bill the user for services. Colombianhearts.com utilizes a third party service provider for credit card processing to facilitate the user's transaction and the service provider does not use personal information provided by the site for its own promotional purposes. All other private information submitted by the user is confidential and will not be disclosed except as required by law or to protect members of Colombianhearts.com . All private information can be updated or deleted by the user at any time.

Public Information is personal information that may be displayed on the site, such as gender, age and height, but cannot be linked to a particular user. Public information is personal information such as gender, age, ethnic background, appearance, and more. This information is meant to be seen by members and visitors to the site but cannot be used to identify a specific member by name, address, or other profile information. Members can post images of themselves but no identifying information is allowed to be posted with that image. Please note that images posted can be used by Colombianhearts.com in ads or press releases about our service. People attending Colombianhearts.com events can be included in photos and images taken of such events and used in ads or press releases about our service. Posting images or attending Colombianhearts.com events constitutes agreement with the fair use of the images involved.

Use of Public Information: Public information supplied by the user is intended to be viewed by registrants and subscribers to the site. This information is used by registrants and subscribers for searching and matching purposes.

Aggregate This is information we collect that is not personally identifiable, such as browser type and IP address. This information is gathered from all visitors to the site.

Use of Aggregate Information: We use your server, IP address, and browser-type related information in the general administration of our website. It is not personally identifiable information and is not released to third parties.

Email-A-Friend If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Colombianhearts.com does not store this information.

User Conduct - Website

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things INTENTIONALLY OR OTHERWISE: post private information in the free text areas of your profile or email correspondence which are publicly viewable by users, such as, but not limited to the following areas of Colombianhearts.com: "About Me," "Personal Introduction," use your real name or a variation of your name as your Online Name; post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is considered by the Company, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters, multi-level marketing programs or pyramid schemes; or impersonate another person.

The Company does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of communications posted by users and does not endorse any opinions which may be expressed by any user. You understand and agree that any reliance on material posted by other users will be at your own risk.

The Company does not regularly review the website and assumes no obligation to do so, nor does it have the ability to screen postings or other communications in advance. You acknowledge and agree that the Company is not responsible or obligated to screen or monitor material posted by users, and will not be liable or responsible to any user for performance or nonperformance of such activities. If notified by a user of any communication which allegedly does not conform to this Agreement, the Company may in its discretion investigate the allegation and may thereafter determine in its sole discretion whether to remove or request the removal of the communication. You acknowledge and agree that the Company reserves the right to expel users and prevent their further access to the website for violating this agreement or any applicable law, and may remove communications which are considered to be, in the Company's sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.

By submitting content to any public area of the website (which includes, but is not limited to, your profile and chat rooms), your content will be considered "Public Information" and will not be subject to the privacy protections afforded your Private Information, as defined in this Agreement. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information online.

You also grant the Company, its affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform or display such content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this Agreement. You also permit any user to access, display, view, store and reproduce such content for the user's personal use. Subject to all of the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

Account Registration And Password

You agree and acknowledge that you are responsible for maintaining the confidentiality of your Information, as defined in this Agreement, and password created upon registration on the website. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. The Company will investigate possible violations, and take whatever action, in its sole judgment, it deems appropriate.

Copyright, Trademark, And Proprietary Rights

The contents of this website, including all text, graphics, images and other material ("Material"), are protected by copyright under common law, by the laws of the United States and by foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.

You agree and acknowledge that the Company authorizes you to view and download a single copy of the Material on the website solely for your personal, noncommercial use, provided that you shall not, nor will you allow any third party whether or not for your benefit to, copy or adapt the object code of the website's software, HTML, JavaScript, or otherwise, or reverse engineer, reverse assemble or otherwise attempt to discover any source code that the Company creates to generate its pages on the website. You acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.

You acknowledge and agree to retain all copyright and other proprietary notices contained in the original Material on any copy you may make of the Material. You acknowledge and agree that you will not sell, lease, exchange, or modify the Material or reproduce, create derivative works, display, publicly perform, distribute, retransmit or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Without the prior written permission of Colombianhearts.com, Inc., you agree not to display, or to use in any manner, the Company's trademarks, including without limitation, Colombianhearts.com.

Notwithstanding any statement to the contrary in this agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the web site other than (a) the search engine and search agents available from Colombianhearts.com on the website and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer) or (c) a robot indexing the site for the purpose of adding content to a public search engine, as allowed by the robots.txt.

Privacy Policy

When you register on the website as a user, you will be asked to provide the Company with certain accurate and complete personal identifiable information including, without limitation, a valid email address (your "Information"). This Information is subject to our privacy policy, which is incorporated by reference into this Agreement.

Colombianhearts.com gives trial members and paid members an option for modifying or removing their information from our database. Your privacy is one of our highest priorities. The security of your personal information is important to us. Payment is taken over secure server at PayPal.com.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

You agree that the Company may save and archive any content of any nature posted to the website, and that the Company may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or other rights of others; to protect the rights, property or safety of the Company, its employees, users and members of the public; or in assisting a criminal investigation by law enforcement officials.

Modification, Suspension Or Discontinuance

The Company reserves the right at any time to modify or discontinue the service (or any part thereof) offered on the website, on a temporary or permanent basis, with or without notice. You acknowledge and agree that the Company will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the website. Adjustments or refunds in any subscriber fees or charges will be made as deemed appropriate by the Company in good faith.

Security

The Database is only to be accessed by Members of the website. A Member is defined as one unique user with one unique password. If you are found to share passwords with any user, we will terminate your account immediately without notice and no refunds of any subscription fees or charges paid to date will be provided. Violations of system or network security, including those set forth below in Specific Prohibited Uses, may result in civil or criminal liability. The Company will investigate possible violations of system or network security and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company will also terminate the membership of any person that the Company believes, in its sole judgment, to have violated its security provisions.

Specific Prohibited Uses

Adults (18 years and older) seeking to meet each other online may use the website only for lawful purposes. The Company specifically prohibits any of the following uses of the website, and you agree not to use the website for any of such purposes:

1. Posting any incomplete, false, fraudulent or inaccurate biographical information or general information, which is not your own information, or impersonating any other person.

2. Posting a profile for anything other than to meet other individuals online.

3. Sending a message to a user for any reason other than to meet online.

4. Deleting or revising any content or material posted by any other person or entity.

5. Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.

6. Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the website without proper authorization.

7. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing" the web site or the server of any user.

8. Sending unsolicited messages, including promotions and/or advertising of products or services.

9. Posting chain letters, multi-level marketing programs or pyramid schemes.

10. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason.

11. Posting any obscene, indecent, defamatory, threatening, harassing, tortious, abusive, hateful content, or any content that is embarrassing to another user or any other person or entity.

12. Posting any sexually-explicit image, audio, video or statement.

The Company's Liability

The Material may contain technical inaccuracies, typographical errors, and out of date information, including users that may not remain active. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material, and the Company makes no warranty that the website will meet your requirements. You acknowledge and agree that the use of the website and the Material is at your own risk. The Company reserves the right to make changes to the website at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content or other material placed by you on the website.

Disclaimers

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE WEBSITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, AUDIO, VIDEO, GRAPHICS, LINKS AND OTHER DATA. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OR INABILITY TO USE OF ANY OF THE MATERIALS IS LIMITED TO $1.

Links To Other Websites

The website contains links to third party websites and other resources. You acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Company of the content, advertising or business practices (including the privacy policies) of such third-party websites. The Company does not make any representations regarding the content, truthfulness or accuracy of any content or materials on such third-party websites. You also acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third-party sites. If you decide to access and use linked third-party websites, you agree that you do so at your own risk.

Termination

The Company reserves the right, at its sole discretion, to terminate your registration at any time, delete any or all of your postings, or block access to the website and/or any other service provided to you by the Company. The Company reserves the right to take such actions, with or without notice, and without any liability to the account holder or user.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its sponsors, affiliates, successors and assigns, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this agreement. The Company will attempt to provide notice to you promptly of any such claim, suit, or proceeding.

General Information

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Georgia. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular web pages, this Agreement constitutes the entire agreement between you and the Company with respect to the use of website. No changes to these Terms of Use shall be made except by a revised posting on this page, and no advice or other information provided by the Company or its representatives to any user in any manner which is not posted on this page will constitute any amendment of or change to this Agreement.

The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect.