Vivid Dating Anti-Spam Policy
FOR VIVID DATING,
NETWORK OF WEBSITES
This website adopts the following Anti-Spam Policy, effective January 1st 2004.
This Spam Policy pertains to all Websites owned or operated by Vivid Dating (hereinafter "COMPANY"). COMPANY subscribes to a strict "No Illegal Spam" Policy as exhibited and explained by this Policy. COMPANY will not profit from, nor allow anyone else to profit from illegal Spam. COMPANY will terminate any and all relationships with any entity producing illegal Spam, and COMPANY will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
A. Who should read and follow this Policy:
If you have any relationship, whatsoever, to COMPANY, you must, as a condition of a continued relationship with COMPANY, read and familiarize yourself with this Policy and follow it in its entirety. This Policy specifically applies to any Members of our network of websites including, but not limited to the following dating websites:
B. Parties addressed in this Policy:
The Parties addressed in this Policy are:
1) Vivid Dating d/b/a vividdating.com which may also be referred to as "Vivid Dating" "COMPANY" OR vividdating.com or "We, Us, or Our."
2) All Affiliates or Members of any of our Websites, noted in paragraph A ("SITE"). Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) ("Affiliate" or "you/your"), of COMPANY. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
II. ZERO TOLERANCE FOR UNSOLICITED E-MAIL
We consider any Dissemination unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED.
Although federal law allows the dissemination of unsolicited bulk email under certain, conditions, we have elected to impose a stricter policy that completely bans all use of bulk e-mailing by any and all affiliates, Members, and promoters of this website. This means that all Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about vividdating.com, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law. Also, please note, we consider impermissible spam to not only encompass messages sent via e-mail, but we consider posting of topic posts to news groups, links on myspace.com, unsolicited instant messages (whether by AOL Instant Messenger, Yahoo Messenger, any other messenger service), or any other unsolicited communication in order to promote your profile shall be considered to be SPAM under this Policy.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination of your account and forfeiture of all benefits of membership, including any unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with this Anti-Spam Policy at any time, with or without notice.
All Members, affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold COMPANY harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. COMPANY shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
You agree to cooperate in periodic audits of any of your activity without any right to advance notice. In the event we request it, you agree to make available to us, any and all promotional materials and communications used to market our services, your profile, or any other matters relating to our network of websites, within the last 2 years. You further agree to provide any information relating to such promotions, including but not limited to email addresses, lists, names, times & dates of transmission, IP addresses, servers, mail systems, software devices, compliance methods, and any other such information reasonable and necessary to conduct an audit of promotional activities. Failure to cooperate in such an audit shall constitute grounds for termination of our relationship, for cause and the provision of all of your personal information to any government agency or private actor that may see fit to use it to prosecute, sue, or otherwise punish you.
V. INCORPORATION BY REFERENCE
This Spam Policy is hereby incorporated by reference into your User Agreement link to User Agreement here. By continuing to avail oneself of the benefits and obligations of membership, all Members thereby acknowledge the applicability and enforceability of these provisions as part of the existing Member Agreement. By continuing to perform under the User Agreement, after receipt of notice of this Spam Policy, Member thereby manifests his or her assent to these terms. All remaining terms contained in the Member Agreement, not inconsistent herewith, shall remain in full force and effect.
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