Welcome to Sasson V’Simcha Connections ("SVS Connections"), where
singles join as Members to be matched up by Matchmakers, a Service operated by Sasson
V’Simcha, whose principal office is located at 333 Wilson Avenue Suite 201, North
York, Ontario M3H 1T2, a service whose software is created, owned and hosted by
Woodmere Asset Management, Inc. ("WAM") whose principal office is located at 8417 Midland Parkway, Jamaica, NY 11432. By using the Sasson V’Simcha Connections
Website (the "Site" or "Website") you agree to be bound by this Sasson V’Simcha
Connections Member User Agreement (this "Agreement"), whether or not you register
as a member ("Member"). If you wish to become a Member and communicate with other
Members and Matchmakers and make use of the Sasson V’Simcha Connections service
(the "Service"), read this Agreement and indicate your acceptance of it by following
the instructions in the Registration process.
I understand that if I meet someone through the Site and I get engaged
to this person, then Sasson V’Simcha Connections can use my name on the list of
engagements on the Site and Sasson V’Simcha Connections can use my name in marketing
and PR material.
This Agreement sets out the legally binding terms of your use of
the Website and your terms of becoming a Member ("Membership") in the Service and
may be modified by Sasson V’Simcha Connections from time to time, such modifications
to be effective upon posting by Sasson V’Simcha Connections on the Website. This
Agreement includes Sasson V’Simcha Connections's "Acceptable Use Policy for Content
Posted on the Website" and any notices regarding the Website. You may also receive
a copy of this Agreement by emailing us at: [email protected], Subject:
Member User Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE. By registering you are deemed
to have accepted all of these terms and conditions.
In these conditions the following words have the following meanings
unless the context requires otherwise:
"Agreement" means the agreement
between You and Sasson V’Simcha Connections incorporating these terms and conditions
for the provision of the Service;
“We, Us, Our" means Sasson V’Simcha
Connections
“Sasson V’Simcha Connections” includes Sasson V’Simcha and WAM
"You, Your, Yourself" means the
person whose application for Membership of the Service is accepted by Us.
ELIGIBILITY. You must be eighteen
or over to become a Member of Sasson V’Simcha Connections or to register for use
of this Site. By becoming a Member, you represent and warrant that you are at least
18 years old. Membership in the Service is void where prohibited. By using this
Site, 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.
TERM. This Agreement will remain
in full force and effect while you use the Site and/or are a Member of Sasson V’Simcha
Connections. Sasson V’Simcha Connections may terminate your Membership for any reason
effective upon sending notice to you at the email address you provide in your application
for Membership or such other email address as you may later provide to Sasson V’Simcha
Connections. If Sasson V’Simcha Connections terminates your Membership in the Sasson
V’Simcha Connections Service because you have breached the Agreement, you will not
be entitled to any refund of any unused Membership fees. Even after this Agreement
is terminated, certain provisions of this Agreement will remain in effect.
TERMINATION. This Agreement will
remain in full force and effect while You use the Service and/or are a Member. You
may terminate your Membership at any time, for any reason by following the instructions
in the Manage Account section of the Site, or upon receipt by Us of Your written
or email notice of termination. Either You or Us may terminate your Membership by
removing your profile at any time, for any reason, without explanation. Upon such
termination by Us, We shall refund, pro rata, any unused portion of any Membership
fees that have been received from You provided that We determine in our sole discretion
that there has not been any breach of this Agreement by You. Provided that We determine
in our sole discretion that there has been any breach of this Agreement by You,
We shall not be liable to You for any refund of any unused portion of any Membership
fees and may continue to bar Your use of the Service in the future. Even after Membership
is terminated, this Agreement will remain in effect.
MEMBERSHIP. As a condition of Membership,
you agree to provide true, accurate, current, and complete information about yourself
as prompted during the registration process, including but not limited to your contact
information and billing information. You agree to maintain and update this information
and to keep it true, current, and complete. If any information provided by you is
untrue, inaccurate, noncurrent, or incomplete, Sasson V’Simcha Connections has the
right to terminate your account and refuse any and all current or future use of
Sasson V’Simcha Connections.
Membership Categories. Sasson V’Simcha
Connections is a Membership Service.
Free Basic Membership. Requires that you provide certain personal
data and have a valid and verified email address. As a Free Basic Member you have
limited access to features of the Service. Although you may register as a Member
of the Service for free, if you wish to communicate with Matchmakers, accept matches
with other members and use certain other parts of the Service, you must become a
Gold Member and pay the fees that are set out in our price list.
Gold Membership. A Gold Member has unlimited access to all features
of the Service. The Gold Membership requires a monthly Membership fee. This fee
may vary from Member to Member due to many factors including date of sign-up and
duration of Membership.
PROHIBITED. Multiple Memberships.
Members are entitled to a single Free Basic Membership. It is against Sasson V’Simcha
Connections policy for an individual to sign-up for multiple Free Basic Memberships.
Sasson V’Simcha Connections reserves the right to remove multiple Membership accounts.
INDIVIDUALS WHO TRY TO SIGN UP MULTIPLE FREE BASIC MEMBERSHIPS ARE COMMITTING FRAUD
AND SASSON V’SIMCHA CONNECTIONS RESERVES THE RIGHT TO PURSUE ALL LEGAL ACTIONS,
INCLUDING CIVIL PROSECUTION TO PROTECT ITS SERVICE FROM FRAUD. SASSON V’SIMCHA CONNECTIONS
WILL PROTECT THE SAFETY AND INTEGRITY OF ITS SERVICE.
Sasson V’Simcha Connections may add, modify, remove Membership Categories
at will.
Fees and Payments. Members of Sasson
V’Simcha Connections who join to use the Service, pay a monthly Membership fee which
is determined solely by Sasson V’Simcha Connections and paid to Sasson V’Simcha
Connections.
You agree to pay or have paid all fees and charges incurred in connection
with your Membership with the Service (including any applicable taxes) at the rates
in effect when the charges were incurred. All fees and charges are non-refundable.
We may change the fees and charges in effect for using the Service, or add new fees
or charges. You also are responsible for any fees or charges incurred to access
the Service through an Internet access provider or other third party service, including
but not limited to telephone charges.
MEMBERSHIP FEES ARE NON-REFUNDABLE. Any unused Membership fees will
not be refunded.
Acceptable Use Policy for Content Posted on the Website.
a. You understand and agree that Sasson V’Simcha Connections may
delete any content, messages, photos, video or profiles (collectively, "Content")
that in the sole judgement of Sasson V’Simcha Connections violate the Agreement
or which might be offensive, illegal or that might violate the rights, harm or threaten
the safety of other Sasson V’Simcha Connections and/or its Members.
b. You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Sasson V’Simcha Connections Service, or transmit
to other Sasson V’Simcha Connections Members and/or Matchmakers.
c. By posting Content to any public area of Sasson V’Simcha Connections,
you automatically grant, and you represent and warrant that you have the right to
grant, to Sasson V’Simcha Connections, other Sasson V’Simcha Connections Members
and Matchmakers an irrevocable, perpetual, non-exclusive, royalty free, world-wide
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 Site. Sasson V’Simcha Connections will 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 Service 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 libellous;
• promotes an illegal or unauthorised 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) ;
• displays pornographic or sexually explicit material of any kind;
• provides instructional information about illegal activities such as making or
buying/selling illegal weapons or drugs, violating someone’s privacy, or providing
or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful
purposes from other Members or Matchmakers; and
• engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Opinions, advice, statements, offers, or other information or
Content made available through the Service, but not directly by Us, are those of
their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such Content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OR ANY INFORMATION ON THE SERVICE AND NEITHER
DO WE ADOPT NOR ENDORSE NOR ARE
WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.
f. You must use the Sasson V’Simcha Connections Service in a manner
consistent with any and all applicable laws and regulations.
g. You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the Service. You will not
transmit any chain letters or junk E-mail to other Sasson V’Simcha Connections Members
or Matchmakers. Although Sasson V’Simcha Connections cannot monitor the conduct
of its Members or Matchmakers off the Sasson V’Simcha Connections Site, it is also
a violation of these rules to use any information obtained from the Service in order
to harass, abuse, or harm another person, or in order to contact, advertise to,
solicit or sell to any Member or Matchmaker without their prior explicit consent.
h. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE
MATERIALS POSTED IN THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL
THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE
MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL
MESSAGES.
USE OF THE SERVICE. As a Member,
You agree that:
a. We reserve the right, but We have no obligation, to reject any
profile or photo that does not comply with the Content prohibitions and have no
obligation to alert you and We shall not refund You unused Membership fees.
b. E-mail communications sent from Us or through Us are designed
to make your online dating experience exciting. By becoming a member you specifically
agree to accept and consent to receiving e-mail communications initiated from Us
or through Us these include: message notification e-mails, match notification e-mails,
status-update e-mails, e-mails informing you about events and parties We organize,
e-mails informing you of promotions We run and e-mails informing You of new and
existing features We provide. Should You not wish to receive any of our e-mail communications
please do not register with Us for the Service or terminate your Membership with
Us.
c. Mass e-mails to those affiliated with the site including but not
limited to Matchmakers, members, and Rabbis are strictly PROHIBITED. If We find
any actions such as these We reserve the right, but We have no obligation, to cancel,
delete, or remove any profile and We shall not refund You unused Membership fees.
d. You agree that We have no responsibility or liability for the
deletion, corruption or failure to store any messages or other Content maintained
or transmitted by Our Service. You acknowledge that features, parameters or other
services We provide may change at any time.
e. Our customer service Employees and Matchmakers are here to make
your online experience much more pleasing by providing assistance and guidance to
You. When speaking to Our customer service Employees and Matchmakers on the phone,
or in communicating with them by any other means, You undertake not to be abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing or racially
offensive. Should any of Our customer service Employees or Matchmakers feel, at
any given point, threatened or offended by Your conduct, we reserve the right to
immediately terminate Your Membership and You shall not be entitled to any refund
of unused Membership fees.
f. We are entitled to investigate and terminate Your Membership if
You have misused the Service, or behaved in a way which could be regarded as inappropriate
or whose conduct is unlawful or illegal. If You are found to have violated this
Agreement Your Membership and You shall not be entitled to any refund of any unused
Membership fees. The following is a partial list of the type of actions that are
illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not “stalk” or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us,
without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, “data mine”, or in any
way reproduce or circumvent the navigational structure or presentation of the Service
or its Contents.
5) You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Service or the site.
8) You will not use the password of any Member, Matchmaker or any other individual
other than Yourself.
9) You will not post, email or otherwise transmit 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.
10) You will not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service.
11) You will not “frame” or “mirror” any part of the Service, without Our prior
written authorization. You also shall not use meta tags or code or other devices
containing any reference to Us or the Service or the site in order to direct any
person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service or any software used
on or for the Service or cause others to do so.
LIABILITY. You acknowledge that
Sasson V’Simcha Connections cannot ensure the personal security or privacy of any
Member as a consequence of any Members' meeting or encounter with any other individual
through the Sasson V’Simcha Connections Service. Further, Sasson V’Simcha Connections
has performed no screening, background checks, or verification of any information
provided to it by its Members or Matchmakers, and it is the responsibility of each
Member to take any steps deemed advisable to ensure their personal safety and security.
Sasson V’Simcha Connections cannot ensure security or privacy of
information that you provide through the Internet and your email messages, and you
release Us, Matchmakers and Rabbis who endorse the site (“Rabbis”) from any and
all liability in connection with the use of information by other parties including
other Members and Matchmakers.
Sasson V’Simcha Connections, Matchmakers and Rabbis are not responsible
for the use by others of any information, which you provide to them, and you should
use caution in selecting the personal information you provide to others through
Sasson V’Simcha Connections.
Sasson V’Simcha Connections, Matchmakers and Rabbis cannot assume
any responsibility for the content of any messages sent by other Members or Matchmakers,
and you release us from any and all liability in connection with the contents of
any communications you may receive from other Members or Matchmakers.
You will defend, indemnify, and hold harmless Sasson V’Simcha Connections,
officers, directors, employees, Matchmakers, Rabbis, agents and third parties, for
any losses, costs, liabilities, and expenses (including reasonable attorney's fees)
relating to or arising out of your use of the Sasson V’Simcha Connections Service,
including any breach by you of the terms of this Agreement.
NON COMMERCIAL USE BY MEMBERS. The
Site is for the personal use of individual Members only and may not be used in connection
with any commercial endeavours by you. Organisations, companies and/or businesses
may not become Members of Sasson V’Simcha Connections and should not use the Sasson
V’Simcha Connections Service or Site for any purpose. Illegal and/or unauthorized
uses of the Site, including also, unauthorized framing of or linking to the Site
will be investigated and appropriate legal action will be taken, including without
limitation civil, criminal and injunctive redress.
PROPRIETARY RIGHTS. Sasson V’Simcha
Connections owns and retains other proprietary rights in the Sasson V’Simcha Connections
Site and the Sasson V’Simcha Connections Service. The Site contains the copyrighted
material, trademarks, and other proprietary information of Sasson V’Simcha Connections
and its licensors. In addition, other Members may post copyrighted information,
which has copyright protection whether or not it is identified as copyrighted. Except
for that information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform, display,
“Reverse Engineer” or sell any such proprietary information.
COPYRIGHT POLICY. You may not post,
distribute or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent of the owner
of such proprietary rights. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Sasson V’Simcha Connections Service
in a way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: an electronic or physical signature of the person
authorised to act on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description of where
the material that you claim is infringing is located on our Site; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorised by the copyright owner,
its agent, or the law; a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. Sasson V’Simcha Connections
Copyright Agent for Notice of claims of copyright infringement can be reached as
follows:
Sasson V’Simcha Connections Counsel,
333 Wilson Avenue Suite
201, North York,
Ontario M3H 1T2
Attn: Copyright Policy.
MEMBER DISPUTES. You are solely
responsible for your interactions with other Sasson V’Simcha Connections Members
or Matchmakers. Sasson V’Simcha Connections reserves the right, but has no obligation,
to monitor disputes between you and other Members and/or Matchmakers.
PRIVACY. Our Privacy Policy governs
use of the Sasson V’Simcha Connections Site and/or the Sasson V’Simcha Connections
Service. The personal information (including sensitive personal information) You
provide to Us will be stored on computers. You consent to Us using this information
to build up a profile of interests, preferences and browsing patterns and to allow
You to participate in the Service. All Members also agree to uphold and maintain
Our Privacy Policy and to the terms and conditions thereof. If you are located outside
of the
United States
, please note that the information you provide is being sent to the
United
States
. By becoming a member of the Service, you consent to your data being sent to the
United
States
and to such other third parties as may be involved in the provision and operation
of the Service. You may read a full description of our Privacy Policy.
DISCLAIMERS. Sasson V’Simcha Connections
is not responsible for any incorrect or inaccurate Content posted on the Site or
in connection with the Sasson V’Simcha Connections Service, whether caused by Members,
Matchmakers or by any of the equipment or programming associated with or utilised
in the Service, nor for the conduct of any Member and/or Matchmakers of the Sasson
V’Simcha Connections Service whether online or off-line. Sasson V’Simcha Connections
assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction
or unauthorised access to, or alteration of, User and/or Member communications.
Sasson V’Simcha Connections is not responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any website or combination
thereof, including injury or damage to Members and/or Matchmakers or to any other
person's computer related to or resulting from participating or downloading materials
in connection with the Sasson V’Simcha Connections Site and/or in connection with
the Sasson V’Simcha Connections Service. Under no circumstances will Sasson V’Simcha
Connections be responsible for any loss or damage resulting from anyone's use of
the Site or the Service and/or any Content posted on the Sasson V’Simcha Connections
Site or transmitted to Sasson V’Simcha Connections Members and/or Matchmakers. The
Site and the Service are provided "AS-IS" and Sasson V’Simcha Connections expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Sasson V’Simcha Connections cannot guarantee and does not promise any specific results
from use of the Site and/or the Sasson V’Simcha Connections Service.
LIABILITY LIMITATIONS. In no event
will Sasson V’Simcha Connections be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including also
lost profits arising from your use of the Site or the Sasson V’Simcha Connections
Service, even if Sasson V’Simcha Connections has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein, Sasson
V’Simcha Connections’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 Sasson V’Simcha Connections for the Service during the term of Membership.
You also agree that Sasson V’Simcha Connections will incur no liability for its
ordinary negligence directly or indirectly connected with this Agreement, and you
hereby waive any such claim.
U.S.
EXPORT CONTROLS. Software from this
Site is further subject to
United
States
export controls. No software from this site may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
AGREEMENT MODIFICATION and ASSIGNMENT.
Sasson V’Simcha Connections reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by posting a new agreement
on our Website. Without limiting the generality of the foregoing, fee schedules,
and all other provisions of this agreement are subject to change without notice
other than posting such information on our Website. Neither the rights nor the obligations
arising under this Agreement are assignable or transferable by You, and any such
attempted assignment or transfer shall be void and without effect. Sasson V’Simcha
Connections may assign this Agreement to any successor, affiliate or assignee.
DISPUTES. You agree that this Agreement
and any dispute about it or any dispute involving the Site and/or the Service, by
using the Site, will be governed by the laws of the Province of Ontario & State
of New York without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the provincial and state and federal courts of the
province
of
Ontario
,
Canada
for disputes involving Sasson V’Simcha and
personal jurisdiction by and venue in the state and federal courts of the State
of
New York
, City of
New York
for disputes involving WAM.
INDEMNITY. You agree to indemnify
and hold Sasson V’Simcha Connections, its subsidiaries, affiliates, officers, agents,
matchmakers, those endorsing the site, other partners and employees, harmless from
any loss, liability, claim or demand, including reasonable attorneys’ fees, sustained
or made by 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 this Agreement and/or any breach
of your representations and warranties set forth above.
(i) Your breach of this Agreement; (ii) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other rights
of any third party; and/or (iii) Your activities in connection with the Service.
This indemnity shall be applicable without regard to the negligence of any party,
including any indemnified person.
OTHER. This Agreement, accepted
upon use of the Site and further affirmed by becoming a Member of the Sasson V’Simcha
Connections Service, contains the entire agreement between you and Sasson V’Simcha
Connections regarding the use of the Site and/or the Service. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
Any questions regarding this Agreement should be sent to
[email protected].
This Agreement and the Sasson V’Simcha Connections Service are Copyright
© 2003 Woodmere Asset Management, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
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