| Gounder.org |
Terms of Service
1. ACCEPTANCE OF TERMS Welcome to gounder.org. gounder.org provides its service
to you, subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you. In addition,
when using particular gounder.org services, you and gounder.org shall be
subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. gounder.org may also offer other services that
are governed by different Terms of Service.
Terms of use
2. DESCRIPTION
OF SERVICE gounder.org currently offers online matrimonial services. You also
understand and agree that the Service may include advertisements and that
these advertisements are necessary for gounder.org to provide the Service.
You also understand and agree that the service may include certain communications
from gounder.org, such as service announcements, administrative messages and
the gounder.org Newsletter, and that these communications are considered part
of using gounder.org Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
gounder.org properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that gounder.org assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings You are responsible
for obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR USAGE OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or gounder.org has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, gounder.org has the right to refuse any and all current or future use of the Service (or any portion thereof) including deletion of posted messages.
4.
gounder.org PRIVACY POLICY
gounder.org takes your privacy seriously. Please read the following to learn
more about our privacy policy. This policy covers how gounder.org treats
personal information that gounder.org collects and receives, including information
related to your past use of gounder.org products and services. Personal information
is information about you that is personally identifiable that is not otherwise
publicly available. This policy does not apply to the practices of companies
that gounder.org does not own or control, or to people that gounder.org
does not employ or manage.
Information
Collection and Use
gounder.org collects personal information when you register for premium services
with gounder.org (when offered), when you use gounder.org products or services,
when you visit gounder.org pages or the pages of certain gounder.org partners,
and when you enter promotions or sweepstakes. gounder.org may combine information
about you that we have with information we obtain from business partners or
other companies. When you register for premium services we ask for information
such as your name, email address, birth date, gender, zip code, occupation,
industry, personal interests, etc. Once you register with gounder.org and
sign in to our services, you are not anonymous to us. gounder.org collects
information about your transactions with us and with some of our business
partners. gounder.org automatically receives and records information on our
server logs from your browser, including your IP address, gounder.org cookie
information, and the page you request. gounder.org uses information for the
following general purposes: to customize the advertising and content you see,
fulfill your requests for products and services, improve our services, contact
you, conduct research, and provide anonymous reporting for internal and external
clients.
Information
Sharing and Disclosure
gounder.org does not rent, sell, or share personal information about you
with other people or nonaffiliated companies except to provide products or
services you've requested, when we have your permission, or under the following
circumstances: We provide the information to trusted partners who work on
behalf of or with gounder.org under confidentiality agreements. These companies
may use your personal information to help gounder.org communicate with you
about offers from gounder.org and our marketing partners. However, these
companies do not have any independent right to share this information. We
respond to subpoenas, court orders, or legal process, or to establish or exercise
our legal rights or defend against legal claims; We believe it is necessary
to share information in order to investigate, prevent, or take action regarding
illegal activities, suspected fraud, situations involving potential threats
to the physical safety of any person, violations of gounder.org's terms of
use, or as otherwise required by law. We transfer information about you if
gounder.org is acquired by or merged with another company. In this event,
gounder.org will notify you before information about you is transferred and
becomes subject to a different privacy policy. gounder.org displays targeted
advertisements based on personal information. Advertisers (including ad serving
companies) may assume that people who interact with, view, or click on targeted
ads meet the targeting criteria. gounder.org does not provide any personal
information to the advertiser when you interact with or view a targeted ad.
However, by interacting with or viewing an ad you are consenting to the possibility
that the advertiser will make the assumption that you meet the targeting criteria
used to display the ad. gounder.org advertisers include financial service
providers (such as banks, insurance agents, stock brokers and mortgage lenders)
and non-financial companies (such as stores, airlines, and software companies).
Cookies gounder.org may set and access gounder.org cookies on your computer.
gounder.org lets other companies that show advertisements on some of our
pages set and access their cookies on your computer. Other companies' use
of their cookies is subject to their own privacy policies, not this one. Advertisers
or other companies do not have access to gounder.org's cookies. gounder.org
uses web beacons to access gounder.org cookies inside and outside our network
of web sites and in connection with gounder.org products and services. Your
Ability to Edit and Delete Your Account Information and Preferences
New categories of marketing communications may be added to the Marketing Preferences
page from time to time. We reserve the right to send you certain communications
relating to the gounder.org service, such as service announcements, administrative
messages and the gounder.org Newsletter, that are considered part of your
gounder.org account, without offering you the opportunity to opt-out of receiving
them. You can delete your gounder.org account by visiting our Account Deletion
page if you are registered premium user.
Information might possibly remain in our archived records after your account
has been deleted, you can request to delete any posted information by following
the instructions in our FAQ. Confidentiality and Security We limit access
to personal information about you to employees who we believe reasonably need
to come into contact with that information to provide products or services
to you or in order to do their jobs.
Changes to this Privacy Policy gounder.org may update this policy. We will
notify you about significant changes in the way we treat personal information
by sending a notice to the primary email address specified in your gounder.org account or by placing a prominent notice on our site. If you have questions
or suggestions, please complete a feedback form or you can contact us at:
gounder.org Inc. Customer Care.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's premium registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify gounder.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. gounder.org cannot and will not be liable for any loss or damage arising from your failure to comply.
6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not gounder.org, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. gounder.org does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will gounder.org be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a gounder.org official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that gounder.org may not pre-screen Content, but that gounder.org and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, gounder.org and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by gounder.org and in all other parts of the Service. You acknowledge, consent and agree that gounder.org may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of gounder.org, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by gounder.org and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE gounder.org does not claim ownership of Content you submit or make available for inclusion on the Service and you understand that any information you post is available to anyone using any of our sites.
9. INDEMNITY You agree to indemnify and hold gounder.org, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that gounder.org may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on gounder.org's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that gounder.org has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that gounder.org reserves the right to delete old postings/listings. You further acknowledge that gounder.org reserves the right to modify these general practices and limits from time to time without notice.
12. MODIFICATIONS TO SERVICE gounder.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that gounder.org shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION You agree that gounder.org may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems. Further, you agree that all terminations for cause shall be made in gounder.org's sole discretion and that gounder.org shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that gounder.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because gounder.org has no control over such sites and resources, you acknowledge and agree that gounder.org is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that gounder.org shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. gounder.org'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by gounder.org or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. gounder.org grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by gounder.org for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. gounder.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. gounder.org MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM gounder.org OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT gounder.org SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF gounder.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
19. NOTICE gounder.org may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
20. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and gounder.org and govern your use of the Service, superceding any prior agreements between you and gounder.org. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other gounder.org services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and gounder.org shall be governed by the laws of the State of California without regard to its conflict of law provisions. Waiver and Severability of Terms. The failure of gounder.org to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your gounder.org account is non-transferable and any rights to your gounder.org I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. VIOLATIONS Please report any violations of the TOS to our Customer Care group.