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YES Dating Terms of Use
Welcome to the www.yesdating.com.au (YES Dating) website (site).

You must read and agree to these terms and conditions (hereafter referred to as the terms of use) before you are entitled to access, view or become a registered user or member of this site. Please read the terms of use carefully.

By visiting YES Dating and continuing to view its content you are agreeing to be bound by the terms of use.

The terms of use are subject to change at any time, and changes are effective upon them being posted on the website (www.yesdating.com.au hereafter referred to as the site). It would be prudent for you to visit this page from time to time to acquaint yourself with any changes in the terms of use that may have occurred since you joined the site or last visited this page.


Eligibility.

You must be 18 years or over to register as a user of this site or to view it's content. By using or viewing the site, you represent and warrant that:
  1. You are at least 18 years of age; and,
  2. It is lawful for you to view the type of content provided by YES Dating where you are viewing the site; and,
  3. You wish to participate in the online community provided by YES Dating in a manner that is consistent with the goals and values of an online community, which respects an individual's right of self-determination in matters of making or seeking friends, romance or relationships; and,
  4. You will not breach any of the laws of Western Australia whilst accessing YES Dating; and,
  5. You will not allow any minors (those under the age of 18 or under the age prescribed by the law where you are accessing the site, which may be above the age of 18) access to the site and will take all reasonable steps to ensure that minors who have access to your computer, are not able to access the site; and,
  6. You have never been convicted of a violent or sexually related criminal offence.
General Content.

YES Dating is an Adults' site, which intends to enable bona fide singles to publish their individual personal details and contact other consenting adults who are looking to meet people for a shared relationship, either online or in person.

YES Dating does not guarantee, warrant or in any way accept liability for the veracity of any content, including user profiles, posted by any of the members of the site.

YES Dating claims the right to censor any content uploaded by members of the site. In doing so YES Dating claims the right to delete or modify any content, message, photo or profile that in the sole judgment of YES Dating is inappropriate as being offensive, illegal or not in the spirit of the site.

Users, registered users and/or members are solely responsible for the content that they upload, publish or display on the YES Dating site, or transmit to other registered YES Dating users. Users and/or registered users agree to hold YES Dating blameless in relation to any content they find offensive.

Users and/or registered users warrant that they will indemnify YES Dating for any costs, including legal costs related to any content the member uploads, publishes or displays on the YES Dating site, or transmits to other YES Dating users and/or registered users.

YES Dating does not control the information provided by other users of the site that are made available through its systems. You may find other users' information to be offensive, harmful, inaccurate, dishonest, misleading or deceptive. Please use caution, common sense and have a regard to your personal safety when using our site. You are solely responsible for your interactions with other YES Dating users and/or registered users.

Offensive and Prohibited Content Or Behaviour

Casual users and/or registered users of YES Dating agree to:
  • Refrain from posting any of their direct contact details including e-mail addresses, telephone numbers, message services or other forms of contact details in their profiles or in any posts they make on the site.
  • Refrain from posting any form of sexual, pornographic or illegal content, including descriptions or representations involving criminal activity or illegal drug use.
  • Refrain from racist, bigoted, threatening, abusive or other antisocial behaviour or posting such content on the site or in chat rooms or any instant messaging feature.
  • Refrain from harassing other users and/or registered users of the site with spam, junk mail or chain letters.
  • Refrain from publishing copyrighted material without permission to do so from the owner of the material.
  • Refrain from creating "bogus" profiles that do not accurately describe you, your gender, or sexual orientation or any combination thereof.
  • Refrain from promoting other internet sites or business/es on the YES Dating site, or through any e-mails sent via the YES Dating site.
  • Refrain from spreading viruses or using any robot/spider or other automatic device or manual process to monitor or copy the YES Dating site pages or the content contained therein without YES Dating's prior written permission.
  • Refrain from advertising or soliciting other users, registered users and/or members to buy or sell any product and services through the site.
  • Refrain from behaving in a manner, which a reasonable users and/or registered users of YES Dating would consider to be offensive, and not in the spirit of the site.
YES Dating retains the right to cancel without compensation the registration of any registered user who, in YES Dating's sole discretion, acts in breach of any of the matters listed above. In addition, in the context of any illegal activity, YES Dating will cooperate with any investigation carried out by a competent State or Federal prosecuting authority.

In particular YES Dating will assist any State or Federal prosecuting authority in cases where identity theft is alleged and will provide, upon receipt of the appropriate warrant or other judicial order, the IP address, date and time as to when a "bogus" profile or picture/s were uploaded.

Copyright And Passing off

YES Dating owns and retains proprietary rights in the YES Dating brand. In addition the site contains copyrighted material, trademarks and other intellectual property belonging to YES Dating. Users and/or registered users may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell any such intellectual property without the prior written consent of YES Dating.

Fees/Termination/Refunds

Please note that YES Dating reserves the right to terminate your access or registration to the site at its absolute discretion. If YES Dating terminates your registration of YES Dating because you have breached these terms of use, you will not be entitled to any refund of any unused products or services paid for by you. If you request an early termination of your registration, you will not be entitled to any refund of any unused products or services paid for by you.

Any or all features published as being available for any particular users and/or registered users should be regarded as individual features and one individual feature does not constitute the entire website. Should any individual feature available to users and/or registered users become unavailable to you because of either technical difficulties or that your ability to access an individual feature be revoked from you, by YES Dating, at its sole discretion, because you have breached any of these terms of use, you will not be entitled to any unused products or services paid for by you.

In the event this agreement is terminated, certain provisions will remain in effect.

Users and Members Disputes

Because YES Dating is not involved in user or member interactions, in the event that you have a dispute with one or more users or members or those who have posted, viewed, or used information on the YES Dating site, you agree to release YES Dating from all claims, demands and damages of any kind and nature arising out of or in any way connected with your dispute with other users or members.

YES Dating reserves the right, but has no obligation, to monitor any dispute between you and other users or members.

YES Dating's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent of similar breaches.

Disclaimers

YES Dating disclaims all liability to the fullest extent of the law. In particular users and members of YES Dating agree that YES Dating:
  • Is not responsible for any incorrect or inaccurate content posted or transmitted on the site or sent via any emails.
  • Is not responsible for any failure of the YES Dating service, whether caused by users and/or registered users or by any of the equipment or programming associated with or utilised by YES Dating.
  • Is not responsible for any error, omission, interruption, deletion or delay in the operation or transmission of the services provided by YES Dating.
  • Is not responsible for any failure of communications lines or congestion of the Internet
  • Is not responsible for the theft or destruction or unauthorised access to, or alteration of user and/or member communications.
  • Is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers computer equipment, software, on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
  • Provides the site on an 'AS-IS' basis and expressly disclaims any warranty of fitness for a particular purpose.
  • Cannot guarantee and does not promise or warrant any specific results from the use of the site.
Limitation of liability

Except where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will YES Dating be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profits or personal injury arising from your use of the site or of the YES Dating service, even if YES Dating has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, YES Dating's liability to you for any cause whatsoever and howsoever arising regardless of the form of the action, will be at all times limited to the amount paid, if any, by you to YES Dating during the term of your registration.

Law.

This site is subject to the laws of Western Australia. Neither YES Dating nor its parent company, its directors, employees or agents (hereafter collectively referred to as YES Dating) warrant that any content on its website meets the relevant standards of any other jurisdiction.

It is your responsibility to ensure that it is lawful in your jurisdiction to view YES Dating and at its content.

You agree that the courts of Western Australia have sole jurisdiction to determine any legal proceedings involving YES Dating.

If any provision of this agreement is held invalid the remainder of this agreement shall continue in full force and effect.

Indemnity

You agree to indemnify and hold YES Dating, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of your use of the service in violation of this agreement and/or arising from a breach of these terms of use.

 

 

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