Polyamory dating, Poly dating, Open relationships, polyfidelity dating, terms of service
DEFINITIONS
“You” refers to the user of this website and its related services, and as such
You have gained the right to use this website by respecting the applicable
Terms of Use described in detail below. beyondtwo.com (“beyondtwo.com”) is the
exclusive owner and operator of beyondtwo.com and beyondtwo.com (the
“Website”). As used in this Terms of Use Agreement, "we" and "us" means
beyondtwo.com or any successor, subsidiary, division or assign of
beyondtwo.com. “Service(s)” refers to Your use of the Website for any purpose
whatsoever.
OVERVIEW
This Terms of Use Agreement (the "Agreement") sets forth the terms and
conditions that apply to Your use of the Website and all services offered by
beyondtwo.com. By completing the subscription process You are indicating that
You agree to be bound by all of the terms in this Agreement. Please print and
keep a copy of this Agreement for Your records. By accessing the Website or
using any Services, You consent to receive this Agreement electronically. We
reserve the right to modify this Agreement at any time. Such modified Agreement
will become effective and will apply to Your subscription upon our posting such
Agreement to the Website. Your continued use of our Service after such a
modification has been posted shall be deemed to constitute acceptance by You of
any such modified Agreement. It is Your obligation to review the Agreement and
to become aware of any modifications.
ELIGIBILITY
You must be 18 years of age or older to visit or use this Website or the
Services in any manner. By visiting the Website or accepting these Terms of
Use, You represent and warrant to beyondtwo.com that You: (i) are 18 years of
age or older, and that You have the right, authority and capacity to agree to
and abide by the Agreement; (ii) will use the Website in a manner consistent
with any and all applicable laws and regulations; and (iii) have not been
convicted of any felony and are not required to register as a sex offender with
any government authority.
USER AGREEMENT
This Agreement constitutes Your agreement with beyondtwo.com with respect to
Your use of the Service. You must abide by all of the terms and conditions of
the Agreement in order to become or remain an authorized user of the Service.
OUR EMAIL AND MARKETING COMMUNICATION WITH YOU.
By signing up at beyondtwo.com and creating a profile, you agree to Receive emails from us about free services relating to all our websites, This includes but is not limited to 1. Email messages notifying you of addition or removal of new options, features, upgrades to terms of service, or policy changes, on our sites. 2. Email messages notifying you about free access to other sites that are owned or operated by us. If you do not want to receive emails from us you have the option of deleting your account
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and
restrictions established by us from time to time, in our sole discretion. We
may alter, suspend or discontinue any aspect of the Service at any time,
including the availability of any Service feature, database or content. We may
also impose limits on certain features and aspects of the Service or restrict
Your access to parts or all of the Service without notice or liability and for
any reason.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
1. You will keep all information provided to You through the Service as private
and confidential and will not give such information to anyone without the
permission of the person who provided it to You. 2. You will not use the
Service to engage in any form of harassment or offensive behavior, including
but not limited to the posting of communications, pictures or recordings which
contain libelous, slanderous, abusive or defamatory statements, or racist,
pornographic, obscene, or otherwise offensive language. 3. You will not forward
chain letters through the Service. 4. You will not use the Service to infringe
the privacy rights, property rights, or any other rights of any person. 5. You
will not post messages, pictures or recordings or use the Service in any way
that; 1. violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trade-mark law, privacy or other
personal or proprietary rights, or 2. is fraudulent or otherwise unlawful or
violates any law. 6. You will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for funds,
advertising or solicitation for goods or services. Parties responsible for the
distribution, promotion or publication of any material containing any
solicitation for funds, advertising or solicitation for goods or services agree
to pay beyondtwo.com One Thousand US Dollars ($1000.00) per account involved
with such activities to cover expenses involved with investigation and
prosecution of such activities. 7. You will not use the Service to distribute
or upload any virus, or malicious software of any type, or do anything else
that might cause harm to the Service, the Website, beyondtwo.com, its systems,
or any other members' systems in any way. 8. You will not post or transmit in
any manner any contact information including but not limited to email
addresses, "instant messenger" nicknames or contact information, telephone
numbers, postal addresses, URLs, and full names through publicly posted
information on the Website and through its Services except as defined in the
section below this "POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT". 9.You
will not cause the Service to be accessed through any automated or robotic
means, including but not limited to the rapid access of the site as in a
denial-of-service attack. Such restriction shall not apply to legitimate search
engine activity that does not place an unreasonable burden on the Service. 10.
You will not use a third-party application such as a mobile smart phone
application, social media or other Web page widget, or any other such mobile,
social media, Web, or desktop application to access the Service, except where
such application is either provided by us or endorsed by us. Such restriction
shall not apply to a browser application which merely displays the pages of the
Service in their entirety without modification or reformulation of content.
2257 EXEMPT
1) 2257/DMCA
Please read and understand our 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement and our DMCA provisions which are explicitly introduced and included as part of this document. You acknowledge that your uploaded content is YOUR content, created and owned by you or at your direction. You agree that no element of the content depicts persons under the age of 18 and if the content is explicit or contains "actual sexually explicit conduct" and not of your personal self that you have or maintain adequate 18 U.S.C. 2257 Record-Keeping documents for the included/depicted persons. You expressly acknowledge that this is your responsibility and that you will fully defend, indemnify and hold harmless the beyondtwo.com and its owners, directors, officers, employees, independent contractors and agents from and against all claims, allegations, demands, causes of action, expenses, damages, losses, charges, liabilities, fines, costs or penalties, including attorneys fees and related expenses and costs relating to this provision. In plain words you are responsible for your content, not the Company (beyondtwo.com).
POSTING OF LINKS, PICTURES, BLOG AND FORUM CONTENT
We want you to be able to promote your personal sites as well as sites that you
like, however we do not want advertisers or advertisments for other websites.
We do not want spam or to be known as a spam site. In order to prevent abuse: You
agree NOT to post any more than four different links to any four different
sites that are outside of beyondtwo.com on your main profile page. You agree
not to use forums or blogs on this site for any marketing, or advertising.
Prohibited actions on beyondtwo.com include but are not limited to: spam
advertising, keyword abuse, keyword stuffing, scraping, back linking, spam
linking, profiles made for the purpose of just advertising, or any other
actions designed to redirect traffic outside of beyondtwo.com. You agree that
your blogs, links and forum postings will be complete, original content
designed to inform, educate or express an opinion and not designed for the
purpose of advertising or redirecting traffic to another site. You agree that
any of the pictures that you post will NOT have the name of any website, and
will not, whether by code or URL contained within the picture, be designed for
or have the ability to redirect traffic to any website. You agree that you will
not post the name of, reference, or link to any of the following sites, including but not limited to: dating websites, cam girl, or cam boy websites, blackmail, dom or dominatrix pay sites and BDSM dating or polyamory
dating sites. You understand that beyondtwo.com has the right to remove, edit or
delete any content, pictures, blogs, or forum posts you have posted, including
your entire profile at any time for violations.
MONITORING OF INFORMATION
We may use third-party advertising companies, such as Yahoo!, Google, and
Microsoft, to serve ads when you visit our website. These companies may use
information about your interests in order to provide advertisements about goods
and services of interest to you. If you would like more information about this
practice and to know your choices about not having this information used by
these companies, seewww.aboutads.info/choices. We reserve the right to monitor
all advertisements, public postings and messages to ensure that they conform to
content guidelines that are monitored by us and subject to change from time to
time. To learn more about this behavioral advertising practice or to opt-out of
this type of advertising, you can visit www.networkadvertising.org. For third
party advertising cookie opt out please visit
www.networkadvertising.org/managing/opt_out.asp.
REMOVAL OF INFORMATION
We do not and cannot review all profiles, public postings, messages or other
materials posted or sent by users of the Service. We are not responsible for
any of the content of these profiles, public postings, messages or other
materials. We reserve the right, but are not obligated to, delete, move or edit
profiles, public postings, messages and other materials that we, in our sole
discretion, deem to be in violation of the Code of Conduct as set out above or
any other applicable content guidelines or deem to be otherwise unacceptable.
You shall remain solely responsible for the content of profiles, public
postings, messages and other materials You may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or
part of the Service at any time, with or without notice, for any reason,
including, without limitation, breach of this Agreement. Without limiting the
generality of the foregoing, any fraudulent, abusive, or otherwise illegal
activity that may otherwise affect the enjoyment of the Service or the Internet
by others may be grounds for termination of Your access to all or part of the
Service at our sole discretion, and You may be referred to appropriate law
enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and
our users. We assert full copyright protection in the Service. Information
posted by us, our partners or users of the Service may be protected whether or
not it is identified as proprietary to us or to them. You agree not to modify,
copy or distribute any such information in any manner whatsoever without having
first received the express written permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible for interruption or suspension of
the Service, regardless of the cause of the interruption or suspension.
SECURITY
You are responsible for maintaining the confidentiality of Your username and
password, and You should not allow anyone to use Your password to access any
Services. You are responsible for all usage or activity on the Service by users
using Your password, including but not limited to use of Your password by any
third party. You agree to immediately notify beyondtwo.com of any unauthorized
use of Your username or password or any unauthorized access to Your account.
For Your own security, it is advisable to log out when You finish each use of
the Services, especially if You are using a public computer or share a computer
with others. When logging into the Services using a public computer please use
caution to prevent other people from learning Your username and password.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU
UNDERSTAND THAT beyondtwo.com CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND
CHECKS ON ITS MEMBERS. beyondtwo.com ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS
OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS.
beyondtwo.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF
MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
beyondtwo.com RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR
OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND
USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL beyondtwo.com 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 SERVICE,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY
OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED
USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO
TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE
SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU
UNDERSTAND THAT beyondtwo.com MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED,
REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE
SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR
CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS. EXTERNAL LINKS The
Service may contain links to other Internet sites and resources ("External
Links"). You acknowledge that we are not responsible for and have no liability
as a result of the availability of External Links or their contents. We suggest
that You review the terms of use and privacy statements of such External Links
prior to using them. You understand that by using any of the External Links,
You may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit
language, and that the results of any search or entering of a particular URL
may automatically and unintentionally generate links or references to
objectionable material. Nevertheless, You agree to use the External Links at
Your sole risk and that beyondtwo.com shall not have any liability to You for
content that may be found to be offensive, indecent, or objectionable. It shall
be Your sole and exclusive obligation to prevent children and other persons
from viewing or accessing any inappropriate content that may be included in or
available through any External Links. By using External Links, You acknowledge
and agree that beyondtwo.com is not responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect of such materials at External
Links. beyondtwo.com does not warrant or endorse and does not assume and will
not have any liability or responsibility to You or any other person for any
External Links or for any other materials, products, or services of third
parties. beyondtwo.com shall not be responsible for the contents of, updates
to, or privacy practices of third parties operating External Links, which may
differ from those of beyondtwo.com. The personal data You may choose to give to
such third parties are not covered by beyondtwo.com's privacy policies. Some
third party companies may choose to share their personal data with
beyondtwo.com, in which case such data sharing shall be governed by that third
party's privacy policy. You understand and agree that your use of External
Links may result in harmful or unwanted content or malicious software infecting
or interacting with your computer or mobile device. You accept all risk in
connection with such External Links, and you agree that beyondtwo.com shall
have no responsibility to you in the event your computer or mobile device is
affected in any way by your use of External Links.
PAID MEMBERSHIPS AND PAID FEATURES
In addition to the free services provided on the Website, Paid Memberships
(for example, the beyondtwo.com Membership) and Paid Features are offered that
require payment. Where payment is required, the following additional terms and
conditions will apply. Billing and Payment beyondtwo.com will use the credit
card information You provide to bill You for goods and services. By registering
for the Paid Memberships or Paid Features and providing Your credit card
details, You agree to be billed by us for Your for-fee service in advance. It
is Your sole obligation to provide accurate and complete credit card
information, and to timely update Your Account with any changes to such
information. Automatic Renewal Paid Memberships are subscriptions. After Your
initial subscription commitment period, and again after any subsequent
subscription period, Your subscription will automatically continue for an
additional equivalent period, at the price You agreed to when subscribing. You
agree that Your account will be subject to this automatic renewal feature. If
You do not wish Your account to renew automatically, or if You want to change
or terminate Your subscription, please log in and go to Your Account page and
opt out of automatic renewal of Your purchase. If You opt out of automatic
renewal after Your purchase, You may use Your subscription until the end of
Your then-current subscription term; Your subscription will not be renewed
after Your then-current term expires. You won’t be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
subscription period. Paid Memberships cannot be transferred to any other
account. By subscribing to the Paid Membership, You authorize beyondtwo.com to
bill the credit card You provided now and again at the beginning of any
subsequent subscription period. You also authorize beyondtwo.com to charge You
for any sales or similar taxes that may be imposed on Your subscription
payments. Reaffirmation of Authorization Your non-termination or continued use
of the Paid Memberships reaffirms that beyondtwo.com is authorized to charge
the credit card information provided. beyondtwo.com may submit those charges
for payment and You will be responsible for such charges. This does not waive
beyondtwo.com’s right to seek payment directly from You. Your charges may be
payable in advance, in arrears, per usage, or as otherwise described when You
initially subscribed to the Paid Memberships. Termination of Services for Non-
Payment Where payment is required for a Paid Membership or Paid Feature and we
are unable to charge Your credit card for any reason, we may discontinue any
and all Services to You either temporarily or permanently. Cancellation of
Services If You cancel Your account, Your Paid Membership and/or Paid Features
will be cancelled. All payments for Paid Memberships and Paid Features are
non-refundable. You will not be eligible for a prorated refund of any portion
of the unused paid services. Where billing for a service is recurring on a
monthly, yearly or other periodic basis, the unused portion of the current
service period will not be refunded. Paid Memberships and/or Paid Features
cannot be transferred to any other account.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that any material or content distributed by beyondtwo.com
constitutes copyright infringement, please provide us with the following
information: an electronic or physical signature of the person authorized 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 Website; 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 authorized 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE
THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-
INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF
EXCLUSION UNDER LAW. beyondtwo.com PROVIDES ON-LINE PERSONAL DATING SERVICES
AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS
FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND
OTHER MEANS OF DISTRIBUTION. beyondtwo.com DOES NOT GUARANTEE THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED
ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY
beyondtwo.com IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN
SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY
MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED,
UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY beyondtwo.com, OUR PARTNERS OR
ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY
RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR
INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW,
OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL
CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT
MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES
WILL beyondtwo.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY
CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS
WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE
CONTENT DISTRIBUTED BY beyondtwo.com AS WELL AS ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF
THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY,
OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO
AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND
REGARDLESS OF WHETHER beyondtwo.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF
LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM
OF FIFTY U.S. DOLLARS ($50.00). EACH PARTY AGREES THAT EACH OF US MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED
WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE
OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK
AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR
DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE
EXTENT NECSSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
CLAIM(S).
INDEMNITY
You hereby agree to indemnify, defend and hold harmless beyondtwo.com and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by You of this Agreement or the
foregoing representations, warranties and covenants. You shall cooperate as
fully as reasonably required in the defense of any such claim. beyondtwo.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by You.
MISCELLANEOUS
This Agreement represents the entire agreement between You and beyondtwo.com
regarding the use of our Services and supersedes any other agreement or
understanding on the subject matter. This Agreement, Your rights and
obligations, and all actions contemplated by this Agreement shall be governed
by the laws of the County of Los Angeles, United States of America. As a
condition of using the Services, each user agrees that any and all disputes and
causes of action arising out of or connected with beyondtwo.com, shall be
resolved through arbitration, with such arbitration to be held in Los Angeles,
California, Unites States. Additionally, except where prohibited by law, as a
condition of using the Services, You agree that any and all disputes and causes
of action arising out of or connected to our Services shall be resolved
individually, without resort to any form of class action. You also agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising from or related to the use of the Services must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
failure of either party to exercise, in any respect, any right provided for
herein shall not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect and be
enforceable. You may not assign, transfer or sublicense this Agreement without
the prior written consent of beyondtwo.com. beyondtwo.com may assign this
Agreement in whole or in part. No agency, partnership, joint venture, or
employment is created as a result of this Agreement. Headings are for
convenience only and have no legal or contractual effect. All notices under
this Agreement shall be in writing and shall be deemed to have been duly given
when receipt is electronically confirmed, if transmitted by facsimile or email
or upon receipt, if sent by certified or registered mail, return receipt
requested. beyondtwo.com PRIVACY POLICY This privacy policy (this “Policy”)
describes the practices beyondtwo.com, and any affiliates,
(collectively “we”, “us”, “our”) with respect to our collection, use, storage
and disclosure of personal information provided to us from users of our
Website. This Policy forms an integral part of Terms of Use Agreement, which is
incorporated by reference. Any capitalized term used but not defined in this
Policy will have the meaning defined in the Terms of Use Agreement. All
references to “Website” in this Policy refer to our websites located at
www.beyondtwo.com.
INTRODUCTION
We respect and uphold individual rights to privacy and the protection of
personal information. We know how important it is to protect Your personal
information and want to make every customer experience safe and secure. In
keeping with that goal, we have developed this Policy to explain our practices
for the collection, use, and disclosure of Your personal information. For the
purposes of this Policy, “personal information” means information about an
identifiable individual, including, for example, an individual’s height, birth
date, name, home address, telephone number, social insurance number, sex,
income and marital status. We will only collect, use or disclose personal
information in accordance with this Policy, or in accordance with laws
applicable to the collection, use and disclosure of Your personal information
by us (“Applicable Privacy Laws”). We have appointed a Privacy Officer who is
responsible for our compliance with this Policy. Information on how to contact
the Privacy Officer can be found below.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect two types of information through our Website: personal information
and non-personal information. The types of information we collect depend on the
nature of Your interaction with us. Personal information We may collect
personal information such as: 1. Your contact information – for example, Your
name and email address; 2. Your personal preferences – for example, language
preferences, and marketing consent; and 3. Your profile information – for
example, photographs You upload, and other information You provide in Your
personal profile, such as Your interests, marital status, Your height, weight
and occupation. Non-personal information Non-personal information does not
identify You as an individual. For example: 1. we may collect certain non-
personal data when You visit our Website, such as the type of browser You are
using or the referring URL; or 2. we may collect and summarize customer
information in a non-personal, aggregate format for statistical and research
purposes. We may, for example, summarize our data to determine that a certain
percentage of users are male, aged 18 to 25. You may choose not to provide us
with Your personal information. However, if You make this choice we may not be
able to provide You with the service, or information that You requested. For
example, we require Your email address in order to verify Your account, which
is necessary so that notifications may be sent to You electronically. Should
You no longer wish to receive notifications from beyondtwo.com when You receive
a message from another beyondtwo.com user or when another user adds You as a
favorite, You may turn these notifications off through beyondtwo.com.
USE OF PERSONAL INFORMATION
We may use Your personal information for a number of different business
purposes, for example to: 1. create and display Your online dating profile to
other users of the Website; 2. show other users when You have viewed their
profiles; 3. compare Your profile and preferences with that of other users to
provide both You and other users with potential matches; 4. provide customer
support to assist You with Your questions or complaints; 5. conduct surveys in
order to improve our services; 6. advise You of changes to our services, or new
services that we may implement from time to time; 7. measure and improve the
effectiveness of our Website or our marketing endeavours; 8. detect and protect
against fraud and error; 9. track and analyze Your preferences to better
understand Your service needs and eligibility; and 10. for other purposes as
described in this Policy. We limit the personal information we collect and use
to that which is necessary to fulfill our business purposes. We will not
collect, sell, distribute or use personal information for any other purposes
without Your further consent, except to the extent as required by law or as
authorized by Applicable Privacy Laws. YOUR CONSENT When You choose to provide
us with Your personal information You consent to the use of Your personal
information as identified in this Policy and as may be further identified at
the time of collection. Express Consent Sometimes You will be asked to give
Your express consent to our collection, use or disclosure of personal
information – for example, by being asked to check a fine_print_content to
indicate Your consent to receive marketing communications. Implied Consent
Other times, You may provide Your implied consent to our collection, use or
disclosure of personal information when we can reasonably conclude that You
have given consent by some action You have taken or an action You have decided
not to take. Generally, this occurs where the purpose for the use of Your
personal information would be reasonably apparent to You – for example, when
You provide us with personal information through forms to populate Your online
dating profile, You provide us with implied consent to publish that information
for other users of the Website to view. Withdrawing Your Consent You may notify
us at any time that You wish to withdraw or change Your consent to our use and
disclosure of Your information. We will accommodate Your request subject to
legal and contractual restrictions.
INFORMATION WE MAY COLLECT DIRECTLY FROM YOU
Listed here are some further examples of the ways that we collect personal
information directly from You and how we use it. Follow-Up and Surveys From
time to time, we may send You a follow-up letter to thank You for Your use of
the Website, or we may contact You to ensure that You are completely satisfied.
We may use contact information collected online to conduct occasional surveys
and other customer research. These surveys are entirely voluntary and You may
easily decline to participate. Our Website Our Website can be browsed
anonymously. However, to engage in certain special features or functions of our
Website, You may be asked to provide certain personal information, such as Your
email address or demographic information. We use this information to create
Your account, contact and correspond with You about Your account, respond to
Your inquiries, and monitor functions of our Website that You choose to use.
Our Mobile Applications If You use any mobile device to access our site and
download any of our applications, we may collect device information (such as
Your mobile device ID, model and manufacturer), operating system and version
information, and IP address. We collect Your geolocational information only
upon Your consent. By sharing Your geolocational information with us, You agree
to be bound by Google's Terms of Use
(http://www.google.com/intl/en_ALL/help/terms_maps.html). We are using the Maps
API(s) in our mobile applications, and incorporated by reference to this Policy
is the Google privacy policy (currently http://www.google.com/privacy.html), as
amended by Google from time to time. Advertising Campaigns To supplement our
website, we rely on advertisers who wish to serve advertisements to some or all
of our users (“Campaigns”) to generate revenue. We never share Your personal
information with our advertisers for their Campaigns. However, we will use
elements of Your personal information to create a list of users that
advertisers may want to direct their Campaigns to. Advertisers may decide to
serve advertisements to all of our users (“General Campaigns”), or to send
messages to specific segments of our user base (“Direct Campaigns”) based on
particular personal characteristics (for example, age, sex or geographic
location). In the case of Direct Campaigns, we may use different elements of
Your personal preferences to develop and display advertising content tailored
to Your preferences. Matching From time to time we will use some elements of
Your personal information (such as Your personal preferences or Your profile
information) to generate and send You a list of possible matches from among our
other users. Customer Support Centre We operate an electronic customer support
centre to accept and address Your questions, concerns, or complaints. When You
contact our customer support centre, we may ask for personal information to
help us respond to Your inquiry or to verify Your identity. For example if You
need to make a change to Your account, we will ask for personal information to
verify that You are the account holder. We may also monitor or record Your
online or telephone discussions with our customer support representatives for
training purposes and to ensure service quality.
INFORMATION WE COLLECT AUTOMATICALLY
In some cases, we automatically collect certain information. Our Website When
using our Website, we may collect the Internet Protocol (IP) address of Your
computer, the IP address of Your Internet Service Provider, the date and time
You access our Website, the Internet address of the web site from which You
linked directly to our Website, the operating system You are using, the
Internet browser You are using, the sections of the Website You visit, the
Website pages read and images viewed, and the content You download from the
Website. This information is used for Website and system administration
purposes and to improve the Website. Cookies The Website uses "cookies", a
technology that installs a small amount of information on a Website user's
computer to permit the Website to recognize future visits using that computer.
Cookies enhance the convenience and use of the Website. For example, the
information provided through cookies is used to recognize You as a previous
user of the Website, to offer personalized Web page content and information for
Your use, and to otherwise facilitate Your Website experience. You may choose
to decline cookies if Your browser permits, but doing so may affect Your use of
the Website and Your ability to access certain features of the Website or
engage in transactions through the Website. Web Site Tracking Information We
may use web beacons or pixel tags to compile tracking information reports
regarding Website user demographics, Website traffic patterns, and Website
purchases. We may then provide these reports to advertisers and others. None of
the tracking information in these reports can be connected to the identities or
other personal information of individual users. For our own research purposes
we may link tracking information with personal information voluntarily provided
by Website users. Once such a link is made, all of the linked information is
treated as personal information and will be used and disclosed only in
accordance with this Policy. Links to Other websites Our Website may contain
links to other websites or Internet resources which are provided solely for
Your convenience and information. When You click on one of those links You are
contacting another website or Internet resource. We have no responsibility or
liability for, or control over, those other websites or Internet resources or
their collection, use and disclosure of Your personal information. We encourage
You to read the privacy policies of those other websites to learn how they
collect and use Your personal information.
SUPPLEMENTING INFORMATION
From time to time we may supplement information You give us with information
from other sources, such as information validating Your address or other
available information You have provided us. This is to help us maintain the
accuracy of the information we collect and to help us provide better service.
DISCLOSURE AND SHARING OF YOUR INFORMATION
We do not sell or license Your personal information to any other party.
However, in the normal course of business we may share some of Your personal
information with our affiliates and with third parties acting on our behalf or
as permitted or required by Applicable Privacy Laws. Service Providers We may
use third party service providers (for example, web hosting providers, data
management providers and/or payment processors) to manage one of more aspects
of our business operations, including the processing or handing of personal
information. When we do use an outside company, we use contractual or other
appropriate means to ensure that Your personal information is used in a manner
that is consistent with this Policy. By registering for a for-fee service and
providing Your credit card details, beyondtwo.com will use the credit card
information You provide to bill You for goods and services. By providing Your
credit card details to us, You consent to and authorize us to provide Your
credit card details to payment processors and financial institutions necessary
to process Your payment. To provide increased availability of the Website, some
of these operations may result in personal information collected by
beyondtwo.com being stored outside the U.S. and, as a result, such personal
information stored outside of the U.S. may be accessible to law enforcement and
regulatory authorities in accordance with applicable laws of countries outside
U.S. Information Shared Amongst Our Affiliates, Subsidiaries and Divisions
We may share personal information gathered on our Website with and amongst our
corporate subsidiaries, affiliates or divisions for internal business purposes
in accordance with this Policy. If we do, we will ensure that Your information
continues to be used only in accordance with this Policy and Your expressed
choices. Legal Disclosure We may disclose Your information as permitted or
required by law. For example, we may be compelled to release information by a
court of law or other person or entity with jurisdiction to compel production
of such information. If we have reasonable grounds to believe information could
be useful in the investigation of improper or unlawful activity, we may
disclose information to law enforcement agencies or other appropriate
investigative bodies.
By using this site you also understand that your profile information may be kept in its original state after you delete your profile, but not available to users. You agree that this information will be kept by us for purposes including but not limited to; 1, evidence for any and all legal action that we may take against you for violation of terms of service 2. Defense of legal action that you may take against beyondtwo.com or any of its officers, investors owners or members 3. Evidence for threats or harassment of other members 4. For violations of any agreements made between you and beyondtwo.com, and any of it's officers, owners, investors or members. 5. For suspicious activity including but not limited to: Child pornography, Terrorism, illegal and criminal activity, threats of litigation against any officers, owners, investors or members of beyondtwo.com
SECURITY OF PERSONAL INFORMATION
The security of Your personal information is a high priority for us. However, no system can be completely secure. While
beyondtwo.com takes steps to secure Your information, we do not promise, and
You should not expect, that Your personal information will always remain
secure. In the event of a security breach, you agree to indemnify, and hold harmless beyondtwo.com and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by You of this Agreement or the
foregoing representations, warranties and covenants. You shall cooperate as
fully as reasonably required in the defense of any such claim. beyondtwo.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by You.
REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Applicable Privacy Laws allows any individual the right to access and/or
request the correction of errors or omissions in his or her personal
information that is in our custody or under our control. Our Privacy Officer
will assist the individual with the access request. This includes: 1.
identification of personal information under our custody or control; and 2.
information about how personal information under our control may be or has been
used by us. We will respond to requests within the time allowed by Applicable
Privacy Laws and will make every effort to respond as accurately and completely
as possible. Any corrections made to personal information will be promptly sent
to any organization it was disclosed to. In certain exceptional circumstances,
we may not be able to provide access to certain personal information it holds
about an individual. For security purposes, not all personal information is
accessible and amendable by the Privacy Officer. If access or corrections
cannot be provided, we will notify the individual making the request within 30
days, in writing, of the reasons for the refusal.
REMOVAL OF YOUR INFORMATION
We keep Your information only as long as we need it for legitimate business
purposes and to meet any legal requirements. Personal information used to make
a decision that directly affects an individual may be kept for at least one
year after such a decision. We have retention standards that meet these
parameters.
CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE
Questions or concerns regarding our compliance with this Policy may be directed
to the Privacy Officer, at thebeyondtwosite@gmail.com. Digital Millennium Copyright
Act Notice If You believe that Your copyrighted work has been copied in a way
that constitutes copyright infringement and is accessible on this Site, please
notify beyondtwo.com’s copyright agent, as set forth in the Digital Millennium
Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA,
You must provide the following information in writing: 1. An electronic or
physical signature of a person authorized to act on behalf of the copyright
owner; 2. Identification of the copyrighted work that You claim is being
infringed; 3. Identification of the material that is claimed to be infringing
and where it is located on the Site; 4. Information reasonably sufficient to
permit beyondtwo.com to contact You, such as Your address, telephone number,
and e-mail address; 5. A statement that You have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or law; and 6. A statement, made under penalty of perjury,
that the above information is accurate, and that You are the copyright owner or
are authorized to act on behalf of the owner.