

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.
SayHarro Media
Inc. (“SayHarro”) is the exclusive owner and operator
of SayHarro.com (the website).
As used in this Agreement,
"we" and "us" means SayHarro or
any successor or assign of SayHarro.
“Service(s)” refers to your use
of SayHarro.com for any purpose whatsoever.
OVERVIEW
This Terms of Use Agreement (the
"Agreement") sets forth the terms and conditions which apply to your
use of the SayHarro.com website and all services offered by SayHarro. 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.
We reserve the right, at any time,
to change or modify the terms and conditions applicable to your subscription.
Such changes will become effective upon notification, which we may effect by
sending you notice by email and posting a revised Agreement on this website,
which you can access at any time using the "Terms of Use" link. Your
continued use of our service after notification of such a change has been sent
shall be deemed to constitute acceptance by you of any such changes,
modifications, additions or deletions. You agree to review this Agreement
periodically to be aware of any such revisions.
ELIGIBILITY
You must be 18 years of age or
older to visit or use this website in any manner. By visiting SayHarro.com
or accepting these Terms of Use, you represent and warrant to SayHarro that you are 18 years of age or older, and that
you have the right, authority and capacity to agree to and abide by these Terms
of Use. You also represent and warrant to SayHarro
that you will use this website in a manner consistent with any and all
applicable laws and regulations.
PRIVACY OF INFORMATION
The
Personal Information Protection Act (“the Act”) regulates the way private
sector organizations within British Columbia, Canada collect, use, keep, secure
and disclose personal information. “Personal Information” means all information
about an identifiable individual. SayHarro recognizes
the importance of privacy and recognizes the sensitivity of personal
information received by us in the course of offering our service.
We
recognize our professional obligation to maintain the confidentiality of our
clients’ information, and recognize our obligations concerning the personal
information of all individuals that we collect, use or disclose in our
practice. This policy has been developed with those obligations in mind.
SayHarro collects personal information from you in order to create
your online dating profile. SayHarro will not use or
disclose your personal information for purposes other than those described in
this policy.
SayHarro may also use third-party companies to provide various
services (including but not limited to instant messaging and advertising) when
you use this website. If you use those services, the internet protocol address
(IP address) of the computer you are using to access the website may be
disclosed to those third-party companies, and we may use attributes (including
but not limited to age and gender) that you provide in your public profile to
display relevant ads to you. SayHarro is not
responsible for the privacy practices of these third-party companies or any
other external websites linked to this site. We encourage you to read the
privacy statements of these other websites when you leave our website.
If we change our privacy policy, we
will notify you.
If you have any questions with
respect to our policies concerning the handling of your personal information,
or if you wish to request access to, or correction of, your personal
information under our care and control, please contact our Privacy Officer at:
administrator *at* SayHarro.com
By issuing this website you
acknowledge that
(a) we
cannot ensure the security or privacy of information you provide through the
Internet and your email messages, and you release us from any and all liability
in connection with the use of such information by other parties;
(b) we are not responsible for,
and cannot control, 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 the Service; and
(c) we
cannot assume any responsibility for the content of messages sent by other
users of the Service, and you release us from any and all liability in
connection with the contents of any communications you may receive from other
users. We cannot guarantee, and assume no responsibility for verifying, the
accuracy of the information provided by other users of the Service.
You may not use the Service for
any unlawful purpose. If you use this service unlawfully we will pass along all
information to law enforcement. We may refuse to grant you an ID or nickname
that impersonates someone else, is protected by trade-mark or proprietary law,
or is vulgar or otherwise offensive, as determined by us in our sole
discretion.
We do not share any personal
information with third parties, and we do not send advertising to our members.
USER AGREEMENT
This Agreement constitutes your
agreement with SayHarro with respect to your use of
the Service. You must agree to abide by all of the terms and conditions
contained in this Agreement in order to become or remain an authorized user of
the Service.
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.
You agree to use the Service in
accordance with the following Code of Conduct:
a. 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;
b. 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 offensive language;
c. you
will not forward chain letters through the Service;
d. you
will not use the Service to infringe the privacy rights, property rights, or
any other rights of any person;
e. you
will not post messages, pictures or recordings or use the Service in any way
which
i.
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
ii. is
fraudulent or otherwise unlawful or violates any law; and
f. 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.
g. you
will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to
the Service, SayHarro systems or to other members'
systems in any way.
h. you will not post or
transmit in any manner any contact information including, but not limited to,
email addresses, "instant messenger" nicknames, telephone numbers,
postal addresses, URLs, or full names through your publicly posted
information.
i. you will not cause the Service to be accessed through an
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 which does not place an unreasonable burden
on the Service.
j. 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.
MONITORING OF INFORMATION
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 networkadvertising.org. For third
party advertising cookie opt out please visit http://www.networkadvertising.org/managing/opt_out.asp.
REMOVAL OF INFORMATION
While we do not and cannot review
every message or other material posted or sent by users of the Service, and are
not responsible for any content of these messages or materials, we reserve the
right, but are not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code of Conduct set out above or
any other applicable content guidelines, or 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 or users of 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, or 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 suspension of the Service, regardless of the cause of the
interruption or suspension.
SECURITY
Your account is private and
should not be used by anyone other than you. 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.
EXTERNAL LINKS
The Service may from time to time
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.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or
content distributed by SayHarro 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 SAYHARRO.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. SAYHARRO’S
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.
SAYHARRO PROVIDES ON-LINE
PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED
INDIVIDUALS, THROUGH THE SAYHARRO.COM WEBSITE AND OTHER MEANS OF
DISTRIBUTION. SAYHARRO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR
TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON SAYHARRO.COM.
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY SAYHARRO IS
OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE
THAT USE OF THE SERVICE IS AT YOUR OWN RISK. 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 SAYHARRO,
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 SAYHARRO, 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 SAYHARRO AS WELL AS ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SAYHARRO 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 SAYHARRO.COM WEBSITE, NO
MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER SAYHARRO 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 $100.00 U.S. DOLLARS.
INDEMNITY
You hereby agree to indemnify,
defend and hold harmless SayHarro 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. SayHarro
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 SayHarro 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 Province of
British Columbia, Canada. As a condition of using SayHarro.com’s
services, each user agrees that any and all disputes and causes of action
arising out of or connected with SayHarro.com, shall be resolved through
arbitration, with such arbitration to be held in Vancouver, British Columbia,
Canada.
Additionally, except where
prohibited by law, as a condition of using SayHarro.com 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 SayHarro.com 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. This Agreement is
not assignable, transferable or sublicensable without
the prior written consent of SayHarro. SayHarro 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.
MODIFICATIONS
We may modify this Agreement from
time to time. Notification of changes in this Agreement will be posted on the
Service or sent via electronic mail, as we may determine in our sole
discretion. If you do not agree to any modifications, you should terminate your
use of the Service. 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.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send
electronic mail to you, for the purpose of informing you of changes or
additions to the Service, or of any SayHarro related
products and services. We reserve the right to disclose information about your
usage of the Service and demographics in forms that do not reveal your personal
identity.
© SayHarro.com,