Your Dating Spot: Terms and Conditions

Terms and Conditions of Use for Fox Television Stations, Inc. Website Your Dating Spot Phoenix

OWNERSHIP

Welcome to the Fox Television Stations, Inc. website at Your Dating SpotPHX.com (the “Site”) which is owned by Fox Television Stations, Inc. ("FTS"). This Site is operated by FTS and materials on the Site are primarily owned or licensed by FTS or posted by third parties. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and FTS.

FTS has created this Site for your personal enjoyment, entertainment and education. These Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and FTS. Use of the Site is also governed by the FTS Privacy Policy , which is incorporated into this Agreement by this reference. By using the Site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered your Member Profile with the Site). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at support@yourdatingspot.com. FTS reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by FTS on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at support@yourdatingspot.com with your concerns.

ACCESS AND USE

You must be at least eighteen (18) years of age and single or legally separated from your spouse to register as a Member of the Site. Membership in the Site is void where prohibited. By using the 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. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

YOUR INTERACTIONS WITH OTHER MEMBERS

You are solely responsible for your interactions with other Members. You understand that FTS does not in any way screen its Members, nor does FTS inquire into the backgrounds of its Members or attempt to verify the statements of its Members. FTS makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall FTS be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of this Site or persons you meet through this Site. You agree to take reasonable precautions in all interactions with other Members of the Site, particularly if you decide to meet offline or in person. You understand that FTS makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other Members.

CONTENT ON THE SITE

FTS owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of FTS, and its licensors. Except for that information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by FTS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FTS does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will FTS or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.

Members are welcome to post, transmit or submit messages or other materials (which include uploading files, inputting data or any other materials to a Profile, or engaging in any form of communication in connection with this Site) (collectively “Content”). FTS does not endorse and has no control over the Content submitted by others to the Site. Content submitted to the Site is not necessarily reviewed by FTS prior to posting and does not necessarily reflect the opinions or policies of FTS. FTS makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, FTS reserves the right to prevent you from submitting Content to the Site and to edit, restrict or remove such Content for any reason at any time. FTS may remove any form of cursing contained in the Content with a FTS swear filter application.

FTS assumes no responsibility for actively monitoring the Site for inappropriate Content. If, at any time FTS chooses, in its sole discretion, to monitor the Site, FTS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.

You agree to release FTS, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using the Site.

CONTENT POSTED BY MEMBERS ON THE SITE

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Site, or transmit to other Members. You will not post on the Site, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to FTS or to any other Member. If information provided to FTS, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify FTS of such change.

You understand and agree that FTS may review and delete any Content you post, in whole or in part, that in the sole judgment of FTS violate this Agreement or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

By posting Content to any public area of the Site, including your Profile, you automatically grant, and you represent and warrant that you have the right to grant, to FTS, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by FTS will not infringe or violate the rights of any third party.

Your use of the Site, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. FTS 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 Site and terminating the membership of such violators. It includes, but is not limited to, Content that:

• is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• contains nudity, violence, or offensive subject matter;

• involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;

• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• exploits people in a sexual or violent manner;

• violates the copyright, trademark or other intellectual property rights of any other person;

• furthers or promotes any criminal activity or enterprise or 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; or

• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.

In addition, Users are prohibited from using the Site in a manner inconsistent with its purpose, namely, to match single adults in romantic relationships. The following is a partial list of the kind of activity that is prohibited on the Site. FTS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

• advertising to, or solicitation of, any Member to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other Members. Although FTS cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site 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, FTS reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number that FTS deems appropriate in its sole discretion;

• any automated use of the system;

• attempting to impersonate another User or person;

• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

• selling or otherwise transferring your profile;

• covering or obscuring the banner advertisements on Forums, or any FTS page via HTML/CSS or any other means; or

• interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Site.

You may not include in your Profile any telephone numbers, street addresses, last names, URLs or email addresses. All information you include in your Profile must be accurate, current and complete.

LINKED SITES AND ADVERTISING

If FTS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that FTS is connected with, operates or controls these web sites.

FTS is not responsible for the content or practices of third party web sites that may be linked to this Site and makes no representation or warranty regarding such web sites or their content. This Site may also be linked to other web sites operated by companies affiliated or connected with FTS. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

FTS takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

DISCLAIMER OF LIABILITY AND WARRANTIES

While FTS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that FTS DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that FTS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that FTS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that FTS is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless FTS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your inability to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

TERMINATION

FTS reserves the right to immediately terminate your use of, or access to, this Site at any time if FTS decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FTS considers to be inappropriate or unacceptable.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify FTS of your copyright infringement claim in accordance with the following procedure.

FTS will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Mr. Sean Chuang
Fox Interactive Media
Telephone: (310) 969-7192
Fax: (310) 969-7077
Email: support@yourdatingspot.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to support@yourdatingspot.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

OTHER

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.
This Agreement is governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Arizona or, if appropriate, the United States District Court for the District of Arizona for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

© 2008 Trademark and Copyright Notice: ® and © Fox Television Stations, Inc. and its related entities or used under license. All rights reserved. Use of this Site assumes acceptance of the Terms of Use and Privacy Policy. All materials contained in FTS's web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in FTS's web sites are expressly prohibited. If you have any questions please send an e-mail to support@yourdatingspot.com.