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Terms of Use

This Service Agreement was last updated September, 2006.

Heart2Heart Network™ lets you connect with other singles any time, day or night, by phone or right here on the Web.

When you use our service (the Site), you must agree to the following terms and conditions.

The Agreement

By using the Site after September, 2006 you agree to be bound by this Agreement, including all amendments made to date.

The terms of this Agreement may be changed, services discontinued, or prices altered from time to time. Any modifications to the Agreement become effective upon posting the revised agreement.

It is your responsibility to stay informed of any changes to this Agreement. Your continued use of the Site indicates your agreement to these terms. If you do not agree, you must discontinue use of the Site and any features/services in connection with the Site.

The Service

Heart2Heart Network (H2H) provides online information, entertainment, and communication services on the personals network www.datopia.com and through other products/features on the Internet, Interactive Voice Response (IVR), or other media.

For the purposes of this Agreement, a "User" is defined as an individual who uses the Site either as a Guest or Member.

Guests are allowed access to fewer site features and will not be asked to pay any fees, nor will they be required to provide any personal information to use the site.

Members are required to create an account on the Site and provide some personal information. Members have greater access to the features of the Site, but may be required to pay fees in order to enjoy complete access to all features. Members will be informed when a Site feature requires payment prior to using the feature. No cost will be incurred before the Member agrees to incur such cost. Members from time to time will be contacted as it pertains to the use of the service and for promotional information or participation in promotions. In using the service, you agree and opt into receiving information from H2H. Your agreement and participation to these terms is acknowledged when you check the "Yes, I am over 18 and have read and agree to the Heart2Heart Network™ Service Agreement" checkbox when you signed-up to use the service.

Adult

You must be eighteen (18) years of age or over to use the Site. Membership on the Site is void where prohibited. By using the Site, you represent, warrant, and covenant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.

Site Use

The Site is for the express personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including the collection of Member names, data and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or otherwise is strictly prohibited. Unauthorized framing of or linking to the Site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive legal action.

Proprietary Rights

H2H owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of H2H and its licensors. Information, including content, distributed or posted by H2H, our partners, or Members may be protected whether or not it is identified as proprietary to any of the aforementioned parties.

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.

Except for 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.

Site Rights

Your right to use the Site is subject to any limitations, conditions, and restrictions set by H2H from time to time.

H2H reserves the rights to alter, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content.

H2H reserves the right to monitor all messages, advertisements and public postings to ensure that they conform to the guidelines as set out in this Agreement.

H2H may also impose limitations on features and aspects of the Site that may include restrictions to parts or to the entire Site without notice or liability.

You may not use the Site for any unlawful purpose. H2H reserves the right to refuse to grant you membership or to grant you an Account Name, defined as the name that a member uses to sign into the Site, or Profile Name, defined as the name that a member uses to be identified on the Site, that impersonates someone else, is protected by trademark or intellectual property law, or is vulgar or otherwise offensive, as determined at the sole discretion of H2H.

Site Content

You understand and agree that H2H may review and delete any content, messages, photos, or profiles (collectively, the "Content") that, in the sole discretion of H2H, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Site, or transmit to other Members. In your Profile, you may not include any self-identifying information such as telephone numbers, street addresses, real names, URLs, or email addresses.

By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to H2H an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information, including the Content and to prepare derivative works of, or incorporate into other works, such information, including the Content, and to grant and authorize sublicenses of the foregoing.

H2H reserves the right, but is not obligated, to delete, move, or edit the Content, including without limitation, any messages, profiles, or public postings, that H2H, in its sole discretion, deems to violate the Site or Content guidelines set out in this Agreement, or to be otherwise unacceptable.

Conduct

H2H reserves the right to investigate and take appropriate action, at its sole discretion, against any person who violates the provisions herein with respect to illegal or prohibited subject matter in the Content. Such action shall include removing the offending communication from the Site, terminating the membership of such violators, or taking appropriate legal action.

On the site, it is illegal or prohibited to:

  1. post, upload, store, message, or transmit in any form:
    1. material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of anothers privacy, hateful, racist, bigoted, or otherwise objectionable
    2. material that Members do not have a right to transmit under any law or under contractual or fiduciary relationships.
    3. material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party
    4. advertising, promotional materials, junk mail, SPAM, chain letters, pyramid schemes, or any other form of solicitation
    5. material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  2. impersonate, falsely state, or otherwise misrepresent an affiliation with a person or entity.
  3. act in a manner that negatively affects other Members ability to engage in real-time exchanges.
  4. not keep all information provided to you through the Site as private and confidential except when distribution of any information obtained through the Site is with the expressed permission of the person who provided it to you.
  5. gain access to areas that are private without the expressed consent or permission of H2H, and/or Members where applicable.
  6. interfere with or disrupt the website or servers or networks connected to the site that might cause harm to the Site or to other Members systems in any way.
  7. violate any applicable local, state, provincial, national, or international law or any regulation having the force of law.
  8. harass another Member (whether on or off the Site).
  9. involve minors in any way — including, without limitation, to establish unlawful contact with minors (whether on or off the Site).
  10. collect or harvest screen names; collect or store personal data about other members; or solicit or attempt to discover a members password, screen name, or other registration information without the members express knowledge and consent.
  11. engage in activities without expressed permission from H2H such as running raffles, lotteries, or contests.
  12. store any information or use any Web page or directory for remote loading or as a door or signpost to another Web page, whether inside or outside the Site; and.
  13. promote or provide instructions of information about how to engage in illegal conduct or commit illegal activities, promote physical harm or injury, or promote any illegal act.

Privacy Policy

H2H respects the privacy of its members and those who enter our contests and promotions. As part of our commitment to you, and in our on-going endeavor to protect our Members privacy, we want to clarify why we may ask you for your personal information (such as your name, address and email/phone number).

Our Privacy Policy can be accessed from the main page (where Members sign in) of the Site and on every page of the Site.

In having an account or community profile within the Heart2Heart Network you agree and opt into receiving information from H2H in providing you service and for informing or entering you into promotions and contests. H2H, in providing members promotions and contests, may have no direct or indirect relationship, or affiliation with the company or corporation administering the promotions and contests, except where the prize consists of a gift certificate for use on the internet address within the Heart2Heart Network, Members should review the terms and rules of such promotions and contests for complete details about their participation and terms of participation. Members will not hold Heart2Heart Network liable for any damages, warranties or liability resulting from participating in any promotions or contests.

If you are a member, we collect personal information in order to set up an account/membership and to provide you with exemplary ongoing service. For example, we collect information that allows us to process your account/membership, confirm your identity and email/phone number so that we can assist you knowing that you are who you say you are. H2H reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site from time to time. For this reason, we require that you enter your email address when you become a Member. Your information is strictly confidential and is stored to prevent improper access. Personal information that we collect assists us in ensuring that only you and only you have access to your account/membership or personal information. Be assured, H2H will not sell, lend, or otherwise distribute your email address to external/third parties

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