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Terms of Use

DINKlife.com Web Site Terms and Conditions of Use & Privacy Policy (Updated August 2011)

1. Terms

By accessing and using the Site or other services owned and/or operated by AGO LLC (DINKlife) you agree to be bound by the terms and conditions and privacy policy herewithin, and all applicable laws and regulations, and agree that you are responsible for compliance with all applicable local laws. The materials contained in this Site are protected by applicable copyright and trademark law.

If you feel that DINKlife.com is not abiding by this Privacy Policy or terms and conditions, you should contact us at feedback@dinklife.com. We will do our best to resolve your inquiry.

2. Use

Permission is granted to temporarily use (information functionality) on Ago LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a) modify or copy the materials;

b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c) attempt to decompile or reverse engineer any software contained on Ago LLC's web site;

d) remove any copyright or other proprietary notations from the materials;

e) or transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ago LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any materials taken from AGO LLCs website in your possession whether in electronic or printed format.

Registration and Password: You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Dinklife.com (AGO LLC) of any unauthorized use of your user account, user name or password by emailing feedback@dinklife.com.

By using this web site or any service provided, you explicitly agree that:

(1) You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(2) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(3) you will not collect or harvest any information about other users;

(4) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote (including competitive services) or operate any service or content without Dinklife.com (AGO LLC) first creating an account, and then gaining approval for content that requires approval.

(5) you will not provide any content that may give rise to the Dinklife.com (AGO LLC) being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

By providing any content to DINKlife:

(1) you agree to grant the Dinklife.com (AGO LLC) a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(2) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Dinklife.com (AGO LLC) the license specified in this section;

(3) you acknowledge and agree that the Dinklife.com (AGO LLC) will have the right (but not obligation), at the Dinklife.com (AGO LLC)'s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

3. Meet-outs

a. Meet-outs Platform

Our Platform provides our users with a variety of resources to facilitate organizing of DINK groups and activities, (a "Meet-out").

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any Meet-out and your submission of acceptable Public Information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. A Meet-out Organizer, Creator, or Host is not permitted to use Meet-outs to promote other sites or businesses without the express written consent of DINKlife. DINKlife may edit or remove any Meet-out at its sole and absolute discretion.

b. Meetings at Venues

(1) Meet-outs. Through our Platform we provide tools that enable our users to arrange physical meetings (a "Meet-out”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Meet-outs and are not involved in any way with the actions of any individuals at these Meet-outs. As a result, we have no control over the identity or actions of the individuals who are present at these Meet-outs, and we request that our users exercise caution and good judgment when attending these Meet-outs.

(2) Release. Because we do not supervise or control the Meet-outs or interactions among or between members of a Meet-out or other persons or companies, and because we are not involved in any way with physical transportation to or from a Meet-out or with the actions of any individuals at a Meet-out, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Meet-out. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

c. Communications from DINKlife and Members of the DINKlife Community

(1) DINKlife Communications. You understand that certain communications, such as DINKlife service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Meet-out are part of our Platform. By using our Platform, you expressly agree to receive such communications from DINKlife. You may manage your subscriptions to DINKlife communications in the Edit My Profile tab of the My DINKlife page; however, some basic communications are a necessary part of our Platform and may not be disabled.

(2) Role of Organizer and Creator and Host. You understand that the Organizer of a Meet-out or Creator or Host of a Meet-out in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in his or her Meet-out, limit or set eligibility requirements for his or her Meet-out, and to temporarily or permanently remove any content or information that you have posted in connection with such Meet-out. Please be aware that an Organizer or Creator or Host is: (a) not DINKlife’s representative or agent, and therefore an Organizer or Creator and Host may not enter into contractual relations or obligations on DINKlife’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Meet-out participants unless expressly agreed by those Meet-out participants; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer/Creator/Host or an individual Meet-out participant unless otherwise agreed.

(3) Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.

4. Disclaimer

The materials on Ago LLC's web site are provided "as is". Ago LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ago LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. The Dinklife.com (AGO LLC) will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

5. Limitations and Indemnification

In no event shall Ago LLC or its partners, suppliers, associates, or members be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ago LLC's Internet site, even if Ago LLC or a Ago LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree to indemnify and hold harmless Dinklife.com (AGO LLC) and the Dinklife.com (AGO LLC)'s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

6. Revisions and Errata

The materials appearing on Ago LLC's web site could include technical, typographical, or photographic errors. Ago LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Ago LLC may make changes to the materials contained on its web site at any time without notice. Ago LLC does not, however, make any commitment to update the materials.

7. Links

Ago LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ago LLC of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

Ago LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at the Dinklife.com (AGO LLC)'s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the Dinklife.com (AGO LLC)'s domicile, and that any disputes will be heard by the said courts.

 

General Terms and Conditions applicable to Use of a Web Site

Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) The Dinklife.com (AGO LLC) may assign the Dinklife.com (AGO LLC)'s rights and obligations under these Terms of use; in this event, the Dinklife.com (AGO LLC) will be relieved of any further obligation.

Privacy Policy - Privacy on your information

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Purposes for which information is being collected on DINKlife.com is in order to allow DINKlife.com to better communicate with members, and allow members to share information with other members. We will collect and use personal information solely with the objective of fulfilling those purposes specified in the privacy policy and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Third Party Sites

DINKlife.com may contain links to third party websites. These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by us. If you provide any Personal Information through any such third party website, your transaction will occur on such third party's website (not the Services) and the Personal Information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Information Collected on DINKLife.com

We gather two basic types of information: personally identifiable information that identifies a person as an individual ("Personal Information") and non-personally identifiable information, which includes aggregated information, demographic information, IP addresses and any other information that does not reveal a person's specific identity ("Non-Personal Information").

1. Personal Information. You do not have to provide Personal Information to use the Site. However, you may need to provide certain Personal Information to use some of our other site features. For example, when you sign up with DINKlife, you establish a password-protected personal account for making submissions to DINKlife and receiving our communications. In order to establish your account, we will need your name, email address, zip code, and sex, we will issue you a password which you can change at any time. (The password will allow you access to your account; as such, it needs to be as secure as possible. A good password includes seemingly random letters and numbers, and isn't obvious (as an example, we do not suggest using names of a spouse, child, or pet)).

2. Non-Personal Information. When you visit and interact with DINKlife.com, we and our service providers and business partners may collect Non-Personal Information from sources such as server log files, environmental variables (such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data to collect Non-Personal Information about our users in order to help us deliver better service and user experience. Such Non-Personal Information could include the web site you were on before coming to DINKlife, IP addresses, or areas of site being clicked on most frequently. We and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use "cookies" as well as so-called "pixel tags," "web beacons," "clear GIFs" and other similar technologies to help us deliver better service and user experience and to facilitate your ongoing access to and use of our Services. Cookies are small data files stored by your web browser on your computer's hard drive. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. To learn more about cookies, please visit http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites. If you choose to reject all cookies, you may not be able to access the Services.

Disclosures of Personal Information

1. Third Party Service Providers. DINKlife may share Personal Information with carefully screened third-party service providers to provide you with the products, services and information you have requested. Examples of such third-party service providers are credit card authorization companies, merchandise distributors and shippers. DINKlife has instructed these service providers not to store, retain or access your Personal Information except to provide our services to you.

2. Third Party Communications. DINKlife may also may share Personal Information with third parties for such third parties' direct marketing purposes. Such third parties to whom we transfer Personal Information for direct marketing purposes will handle, store, retain, use, share and access Personal Information in accordance with their own privacy policies. It is your responsibility to carefully review such terms and conditions and privacy policies, and DINKlife disclaims any and all liability relating thereto. If you would prefer that we do not share your Personal Information with such third parties for their direct marketing purposes, you may submit an opt-out request as described in Section 6 ("Opt-Out") below.

3. Forums. Through the Services, DINKlife may make available forums to which you are able to post information and materials. These forums may include, for example, user comment functionality, an online image share feature, article or story post, user forums and blogs. Please note that any information you disclose through such services becomes public information, and may be available to users of the Services and to the general public. In addition, when you choose to make a posting on such services, certain Personal Information (for example, a user's name will appear next to a blog post or a user comment) will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information, or any other information, through the Services. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SERVICES.

4. Law Enforcement; Emergencies; Compliance. DINKlife may disclose Personal Information in the following situations as we believe to be appropriate, even though you might have requested that we don't share your information: (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests, including requests from law enforcement and regulatory authorities; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of DINKlife, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose Personal Information to law enforcement agencies and regulatory authorities to assist them in identifying individuals who have been or may be engaged in unlawful activities.

5. Assignment. We reserve the right to transfer Personal Information to a new entity or third party as part of a merger, acquisition, reorganization, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). We will notify you via email and/or prominent notice on our Web site if the third party's or new entity's treatment of Personal Information will materially differ from the treatment described in this Privacy Policy; this notice will be provided at least 30 days before such material changes take effect.

Opt-Out

You may unsubscribe to our emails or notification services through your account profile on the DINKlife Web site. Simply go to the My DINKlife page and click on Edit My account. We will comply with your request as soon as reasonably practicable. Please note that we will not be able to remove your Personal Information from the databases of affiliates or third parties with which we have already shared your Personal Information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from any such affiliates or third parties, please contact the affiliate or third party directly or use any opt-out mechanisms provided in its marketing-related e-mails or privacy policy.

Security

DINKlife seeks to have reasonable security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect Personal Information about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Services or that is stored by us. You acknowledge and agree that any information you transmit through the Services or upload for storage in connection with the Services is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 11 ("Contact Us") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

Protecting the Privacy of Children

Our Services are not intended for use by children under the age of 13 and are not directed at such children. We do not knowingly collect Personal Information from children under the age of 13. You are forbidden to register at DINKlife if you are under the age of 13.


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