mycantos Terms of Use - Terms and Conditions
Date: 23/01/2008
mycantos.com is a social networking and dating service that allows its Members to create unique personal profiles online in order to find and connect with friends and potential dating and marriage partners, and communicate with any friends online and via SMS. The services offered by mycantos.com ("mycantos.com" or "we") include the mycantos.com website, the mycantos.com SMS messaging service, and any other features, content, or applications offered from time to time by mycantos.com in connection with the mycantos Website (collectively, the "mycantos Services"). The mycantos Services are hosted in different parts of the world depending upon features availability, bandwidth requirements and infrastructure needs to provide best user experience.
By accessing or using our mycantos Services , you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of mycantos. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate a revision date. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the mycantos Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
mycantos.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the mycantos Services at any time, for any or no reason, with or without prior notice, and without liability. mycantos expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of mycantos Services (including SMS) if mycantos determines, in its sole discretion, that you are misusing the service, pose a threat to other Users or mycantos or are violating any applicable law.
Eligibility:- Use of and Membership in the mycantos Services is void where prohibited. By using the mycantos Services, you represent and warrant that you are at-least 14 years of age or older and your use of the mycantos Service does not violate any applicable law of regulation.
Term:- This Agreement shall remain in full force and effect while you use the mycantos Services or are a Member. You may terminate your Membership at any time, for any reason. mycantos.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including all sections.
Fees:- mycantos.com reserves the right to charge for the mycantos Services and to change its fees from time to time in its discretion.
Password:- Your access to mycantos site is secured through a personal password. At the time of registration you will be asked to choose a password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify mycantos.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Mobile Phone Number:- You need to provide a valid mobile phone number in order to use mycantos SMS service. mycantos will send you a verification code to verify the mobile phone number provided by you. You agree not to use someone else’s mobile phone number and agree to notify mycantos immediately if you suspect any unauthorized use of mobile phones.
User Conduct:- The mycantos Services are for the personal use of Members only and may not be used in connection with any commercial purpose except those that are specifically endorsed or approved by mycantos.com. Illegal and/or unauthorized use of the mycantos Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the mycantos Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Please choose carefully the information you post on mycantos.com and that you provide to other Users. Your mycantos.com profile will not display following items and you should not include the these items in your profile as well : telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, if any information provided by any mycantos.com Members (for instance, in their Profile) contains inaccurate, inappropriate, offensive or sexually explicit material, products or services, mycantos.com assumes no responsibility or liability for this material since it would be breach of these Terms of Use. If you become aware of misuse of the mycantos Services by any person, please contact mycantos or click on the "Report Profile/Content" link at the bottom of any mycantos.com page.
Prohibited Content:- You may not post any content prohibited on mycantos. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the mycantos Services –
A. Obcsene, explicit, pornographic or displaying nudity. B. Use of Obscene and offensive language.C.Content that is someone eles’s intellectual property. D. Make threats or bully anyone.E. derogatory, hateful, demeaning or offensive towards others. F. Promotes information that is false or promotes illegal acts. G. Including the photograph of another person when you do not have explicit permission to do so.
mycantos.com reserves the right to investigate and take appropriate legal action against anyone who, in mycantos.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the mycantos Services and terminating the Membership of such violators. Prohibited Content includes one sighted above, but is not limited to Content that, in the sole discretion of mycantos.com
Proprietary Rights:- mycantos.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the mycantos Services. However, by displaying or publishing ("posting") any Content on or through the mycantos Services, you hereby grant to mycantos.com an unlimited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. This license to mycantos.com is non-exclusive, fully-paid and royalty-free (meaning that mycantos.com is not required to pay you for the use on the mycantos Services of the Content that you post), sublicensable (so that mycantos.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the mycantos Services), and worldwide. This license will terminate at the time you remove your Content from the mycantos Services.
Copyright Policy:- You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the mycantos Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the mycantos Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. mycantos.com's Copyright Agent for notice of claims of copyright infringement can be reached at email:copyrightagent@mycantos.com.
Member Disputes:- You are solely responsible for your interactions with other mycantos.com Members. mycantos.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy:- Use of the mycantos Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. mycantos privacy policy is available at www.mycantos.com/privacy
Disclaimers:- mycantos.com is not responsible for any incorrect or inaccurate Content posted on the mycantos Website or in connection with the mycantos Services, whether caused by Users of the mycantos Services or by any of the equipment or programming associated with or utilized in the mycantos Services. Profiles created and posted by Members on the mycantos Website may contain links to other websites. mycantos.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by mycantos.com. Inclusion of any linked website on the mycantos Services does not imply approval or endorsement of the linked website by mycantos.com. When you access these third-party sites, you do so at your own risk. mycantos.com takes no responsibility for third party advertisements which are posted on this mycantos Website or through the mycantos Services, nor does it take any responsibility for the goods or services provided by its advertisers. mycantos.com is not responsible for the conduct, whether online or offline, of any User of the mycantos Services. mycantos.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. mycantos.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the mycantos Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the mycantos Services. Under no circumstances shall mycantos.com be responsible for any loss or damage, including personal injury or death, resulting from use of the mycantos Services, attendance at a mycantos.com event, from any Content posted on or through the mycantos Services, or from the conduct of any Users of the mycantos Services, whether online or offline. The mycantos Services are provided "AS-IS" and as available and mycantos.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. mycantos.com cannot guarantee and does not promise any specific results from use of the mycantos Services.
MYCANTOS.COM is committed to providing a safe communication platform for everyone and we strongly suggest that you should NEVER share certain private information with anyone while using MYCANTOS.COM. Such private information include, but not limited to your personal Email Address, your banking information, your credit card/debit card details, and your address amongst others. You should excercise your best judgement while sharing any personal information with anyone else. Inform us if you are approached by other members asking for your personal and financial information. While MYCANTOS.COM will do its best to restrict such members, MYCANTOS.COM shall not be responsible for any loss, material or non-material arising out of your communication and information sharing.
Limitation on Liability:- IN NO EVENT SHALL MYCANTOS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF mycantos.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, mycantos.COM'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 mycantos.COM FOR THE mycantos SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes:- If there is any dispute about or involving the MyCantos Services, you agree that the dispute shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Delaware. The foregoing shall not prevent mycantos.com from seeking injunctive relief in a court of competent jurisdiction anywhere in the world.
Indemnity:- You agree to indemnify and hold MyCantos.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the mycantos Services 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 and/or if any Content that you post on the mycantos Website or through the mycantos Services causes mycantos.com to be liable to another.
Other:- This Agreement is accepted upon your use of the mycantos Website or any of the mycantos Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and mycantos.com regarding the use of the mycantos Services. The failure of mycantos.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. mycantos.com is a copyright of Vestige Systems LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: Contact mycantos with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.