This website provides a service for adults to meet online. This website is for ADULTS ONLY and may contain graphic language and photos.
Binding Contract
This is a binding Contract/Agreement between AmericanCheaters.com, a personals advertisement and notification website, (hereinafter referred to as The Website) and you (hereinafter referred to as Member). It is our suggestion that, as with all contracts and agreements, that you read the entire content of this Agreement. By initiating a membership with The Website you accept and acknowledge that you have read and agree to be bound by all of the Terms and Conditions of The Website. If you do not expressly agree to all provisions contained herein and the entire content of this Agreement, do not proceed to initiate a registration with this website.
Eligibility
You must be eighteen (18) years of age or over to register as a member of The Website or use the Website. Membership in the service is otherwise void where prohibited by law. By using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Capacity and Acknowledgment of Adult Content
The Website should not be accessed by anyone who may be offended by or desires not to be exposed to its content. By initiating and/ or obtaining a membership, you acknowledge that The Website may contain ADULT CONTENT and that you are not offended by adult content. You maintain that you have provided The Website and/ or its partners or affiliates true and accurate registration information.
Registration and Billing
Billing will be processed immediately upon registration and Membership will run for a period of 90 days. The website DOES NOT automatically renew your membership upon its expiration. If you choose to renew memberships, Members will need to initiate the renewal of members account. By renewing an account, a Member agrees that they again accept all the terms, conditions, disclaimers, privacy policy and acceptance of use policy of The Website and this contract remains intact and continues in full force.
Right of Termination by The Website
The Website reserves the right to terminate your membership for any reason or if we become aware that any provision of this Agreement has been violated.
Refund Policy and Termination by Member
If you would like to terminate your membership before the end of your chosen membership period, you can simply remove your profile and or notify The Website of your desire to no longer recieve email from the Website. You will not be issued a refund of any Membership fees paid regardless of reason if The Website terminates your Membership for failure to comply with the Term and Conditions of The Website. The Website, at its option, may refund a single membership fee if the member has not activated their account, has made no contact with other members or in the event of fraudulent credit card usage. In the event a credit is issued The Website will mail notification of credit to your billing address.
Credit Card Fraud
Members understand and agree that The Website can log IP addresses and will notify and release any and all information, personal or otherwise, The Website, its partners and affiliates have about Members who are suspected of or claim fraudulent credit card usage. Members understand and agree that The Website will assist in the prosecution, in EVERY way possible, of those suspected of credit card fraud. Members agree that in the event of a fraudulent credit card claim The Website may, at its option, continue the membership in an effort to assist in the investigation and prosecution of suspected parties.
Prohibited Uses
Intellectual Property
Members expressly understand and agree that The Website is protected intellectual property; therefore it is not to be duplicated, modified, published, transmitted, distributed, displayed or sold in whole or in part without the expressed written authorization and permission of The Website. Members may not duplicate or use, in part or as a whole, any portion of The Website for any commercial activities, this includes but is not limited to companies, business, public gatherings or organizations of any kind.
Use of Member Information
The Website expressly prohibits any Members from gathering data from The Website, for any purpose or by any means, electronic or otherwise, including, but is not limited to, members' names, email address, mailing lists, and user names or passwords. Unauthorized linking to The Website is prohibited. Unauthorized Framing of The Website is prohibited. Should The Website become aware of the failure of any Members to comply with this section a thorough investigation will be initiated and legal action will be taken, without limitation, to the fullest extent of the law and allowing for the maximum redress.
Unauthorized Use of Username or Password
The Website expressly prohibits the use of a Member's username and/or password by anyone other than that Member. Members are responsible for maintaining the privacy of their own usernames and password. Members are responsible for the use of their usernames and password regardless if the use is authorized by them or not. Should a Member become aware of unauthorized username and/or password use, that Member should contact The Website immediately so that we may take necessary action and/or issue the Member a new username and/ or password. Failure to notify The Website of unauthorized usage of Members username and/or password is an authorization of use by the Member.
Commercial Use
The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Members agree not to use The Website for any commercial purposes, including but not limited to advertising, junk mail, spam, chain letters, promotional schemes or pyramid schemes.
Child Pornography
The Website expressly and strictly prohibits the uploading or display of any CHILD PORNOGRAPHY on The Website. Child Pornography is considered to be photo or video images of anyone under the age of 18. Displaying of Child Pornography on the Internet is a Felony offense and WILL NOT BE TOLERATED by The Website. The Website will, if deemed appropriate, report the Member to the proper authorities.
Illegal Activity
Members shall not use The Website for any illegal purposes. Members agree not to use The Website to violate any local, state, national or international law or regulation. Members agree that The Website, its partners, affiliates, agents, officers and employees do not promote illegal activity and agree to hold The Website harmless for the illegal activities of any Member.
Illegal Content
Members agree not to provide any content that is unlawful, slanderous, threatening, malicious, abusive, harassing, libelous or otherwise harmful to any person's privacy.
Viruses
Members agree not to infect The Website, its partners, affiliates or its servers with any files, programs, codes, software containing worms or viruses, regardless of intention. Members found to violate this provision, knowingly or unknowingly, will be denied access to The Website, and may, at The Websites sole discretion, be held liable for damages to the maximum allowable redress.
Impersonation
Members agree not to impersonate any person or entity, give false or misleading information to The Website, its partners or affiliates. This includes but is not limited to personal or professional affiliations, billing and registration. Members agree not to manipulate and/ or forge headers and/ or identifiers in order to divert and/ or disguise the origin of content transmitted to or from The Website.
Content Posted on the Website
Members agree that :
a. You understand that The Website may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of The Website violates this Agreement or which might be offensive, illegal, or that might violate the rights of other Members, or harm or threaten the safety of members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website, or transmit to other members.
c. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Website reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information form anyone under 18;
- provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
-Violation of Federal Identification law ( 18 U.S.C SEC 2257 )
e. You must use the Website in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URL's, email addresses or any personal contact information.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. Although the Website cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Website reserves the right to restrict the number of emails which a Member may send to other members in any 24 hour period to a number which The Website deems appropriate in its sole discretion.
Personal Meetings
Members acknowledge that there are certain dangers associated with personally meeting someone who has initiated contact over the internet. Members agree to hold The Website harmless for the actions of any Member or other person in a personal meeting environment. The Website advises that all members use extreme caution when deciding upon a personal meeting with ANYONE met over the internet. Members agree not to use any information gained from any member (past, present or future) to breed mischief, including but is not limited to harassment and stalking. Be aware that stalking is illegal and is punishable under applicable law.
Member Disputes
You are solely responsible for your interactions with other Members. The Website reserves the right, but has absolutely no obligation, to monitor disputes between you and other Members.
Confidentiality
Members agree to maintain the confidentiality of any and all personal information of other Members of The Website and use discretion with all Members to whom you gain contact.
Hold Harmless
Members agree to indemnify and hold harmless The Website, its partners, affiliates, agents, officers and employees for any claim, action, or prosecution, civil or criminal, initiated by another Member or third party if such claim, action or prosecution is due to Member's use of The Website. Any material downloaded or otherwise obtained through the use of The Website is done at the Members own risk and that a Member will solely be responsible for any damages to persons, a computer or loss of data that results and will further hold The Website harmless for any such damage. The Website does not guarantee and will assume no responsibility for verifying the accuracy of the information provided by Members of The Website.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will The Website be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if The Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Website's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website for the Service during the term of the current or last paid Membership.
Disclaimer
The Website is provided on an as is and as available basis, that The Website expressly disclaims all warranties of any kind, expressed or implied, including but not limited to merchantability, fitness of use or non-infringement, and that The Website does not warrant that The Website will meet your requirements, will be uninterrupted, timely, secure or error free, that The Website will be accurate or reliable, that the quality of services, information, products or other material purchased or obtained from The Website its partners or affiliates will meet your expectations, or that any errors in the programming, hardware or software will be corrected. Members agree that any communication obtained by Members through or from The Website will not create any warranty of any kind that is not stated in this Agreement.
Privacy Policy
The use of The Website is governed by our Privacy Policy.
Modification of this Agreement
The Website maintains the right to update, modify, alter, or otherwise change this Agreement at any time and that Members should periodically check for such changes. Any changes will become effective immediately upon posting on The Website.
Severability
Should any provision herein be held to be invalid or unenforceable, for any reason, all remaining provisions will continue in full force without being impaired or invalidated in any way.
Jurisdiction and Choice of Law
Any and all claims and or disputes shall be resolved within the jurisdiction of the state of Nevada and under the laws of the State of Nevada . You agree to personal jurisdiction by and venue in the State and Federal Courts of the State of Nevada , County of Clark .
Privacy Policy
The Website agrees that it will not sell, trade or otherwise share a Member's personal information to any entity other than our partners and affiliates without the express written consent of the Member. The Website may disclose information to legal authorities if they have the proper authorization, such as a warrant or a court order or at The Websites discetion to initiate and/ or aid the prosecution of Members suspected of violating the law. The Website may collect personal information through a Member's use of The Website, including, but not limited to names, address, email address, birthdates, gender, occupation, education, marital status, usernames, passwords, affiliations, IP address, preferences or requests. The Website, its partners and affiliates may use personal information provided by Members or information that has been collected by The Website about Members for any purpose, including but not limited to, technical and administrative operations, research and development, customer service, customer administration, marketing, age verification, identity verification and promotions and advertising. The Website requires the maintenance of a service database in order to continue the operations and processing of memberships and that in registering, in part or as a whole, for a membership in The Website personal information is required. Members further agree that The Website may, at its discretion, collect traffic and click through data, data necessary for programming, as well as online behavior of Members to be included in its database. In sending any personal communication, by any means, to The Website, its partners, affiliates, agents, officers or employees, The Website may collect personal information in regards to that communication or the Members membership and include that information in The Website database. At its discretion, The Website its partners or affiliates may, from time to time, feature special promotions, offers, surveys, contests or polls that members may elect, by clicking an acceptance, to participate in. Members agree that by participating, on a voluntary basis, in any special promotions, offers, surveys, contests or polls, they may be asked to provide information in order to participate and that in providing such information any and/or all information may be collected by The Website its partners or affiliates and added to The Website database. In participating in any offer of an advertisement banner or link to The Website personal information cannot be guaranteed. The Website does not collect credit card numbers and expirations dates or checking account numbers . This information is collected by the third party credit card companies, processing services and banking institutions utilized by The Website.
Third Party Advertisers
The Website may allow other entities to post advertisements on The Website.
The Website is not responsible or liable for Member's business dealings with any third party advertisers. The Website shall be held harmless for losses or damages incurred by Members as the result of their association with any third party advertisers. Personal information about Members may be collected by third party web service providers that have an advertisement banner or link to The Website. The Website is not responsible or liable for the use of any information that Members provide or that is gathered by third party websites that have advertisement banners or links to The Website, nor does The Website maintain any control or endorse the information gathering or privacy policies of any those third party websites. Members are urged to read, whenever available, the terms, conditions, disclaimers, privacy policies and acceptance of use policies of any third party website that has an advertising banner or link to The Website.