Cocobutterlove.com (the "Website") is published, operated and owned by Michael and Jenny King.
The Website is designed to provide an online dating environment for heterosexual African and Asian singles
in the United States and abroad (the "Service"). By subscribing to the Website, you accept and agree with all
the terms and conditions contained herein. If you do not agree to the terms, please do not register the Website
or otherwise access or use the Website.
This agreement will remain in full force and effect while you use the website and/or while you are a member.
All the terms and conditions can be amended at any time and go into effect immediately. This agreement is
located on the World Wide Web and can be viewed at:
http://www.cocoabutterlove.com/termsofuse.html.
Eligibility
You must be a single, widowed or divorced individual at least eighteen (18) years of age or over to register
as a member of or to use this Website and its services. Membership in the Service is invalid where prohibited.
By using this Website, you represent and warrant that you have the right, authority and capacity to enter into
this Agreement and to abide by the terms and conditions of this Agreement.
Right of Use
Your right to use this 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.
Access
In order to use the Website, you need the equipment necessary to connect to the World Wide Web
(the "WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated
with such a connection or access (such as those charged by an Internet Service Provider [an "ISP"] or
other online service).
Registration and Subscription
In order to post any and all content on the Website and obtain other benefits and services from the
Website, you must first register. When and if you register to become a member, you agree to provide
accurate, current, and complete information about yourself as prompted by our registration form
("registration data"), and to maintain and update your information to keep it accurate, current and
complete. You agree that we may rely on your registration data as accurate, current and complete. You
acknowledge that if your registration data is untrue, inaccurate, not current or incomplete in any
respect, we reserve the right to terminate this agreement and your use of the Website.
When you register, we will require that you provide sufficient information to indicate that you are at
least eighteen (18) years of age. By become a member, you represent and warrant that you are at least
eighteen (18) years of age, which is the minimum required age to become a member. However, we cannot
guarantee that each member is at least the required minimum age, nor do we accept responsibility or
liability for any content, communication or other use or access of the Service by persons under the age
of eighteen (18) in violation of these terms.
As part of the registration process, you will be asked to select a user name and password. We may refuse
to grant any username that impersonates someone else, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as
we determine at our sole discretion.
Although you may register as member of the Service for free, if you wish to communicate with other
members and use certain other parts of the service, you must become a subscriber and pay the fees that
are set out in the price list located at the Join Us page;
http://www.cocoabutterlove.com/index.php?page=register.
This price list is part of this agreement. We can change the subscription
fees for the Service at any time but we will give you at least a thirty (30) day notice of this before we
do so. If you are unhappy with any subscription fee changes you may terminate your membership by emailing
us at unsubscribe@cocoabutterlove.com.
Services are provided by CocoaButterLove.com. Orders paid through 2Checkout.com will be sold by
2CheckOut.com Inc. (Ohio, USA). Your credit card or bank statement will reflect a charge by "2CO.COM *Cocoa".
If you would like to learn more about 2Checkout.com and its policies,
visit their website.
If you choose to order through PayPal, your credit card or bank statement will reflect a charge by
"PayPal". If you would like to learn more about PayPal and its policies,
visit their website.
Member Account and Password Security
You will receive confirmation of your password and username upon completing the registration process. You
are responsible for maintaining the confidentiality of the password, and are fully responsible for any
and all activities that occur under your account.
You agree to:
- use a unique password for your Website account.
- keep your password a secret.
- ensure that you log out and close the browser at the end of each session.
Member Profiles
In consideration of your use of the Website Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the African
and Asian American Unity registration and profile form.
- post only your personal pictures.
- maintain and promptly update your profile data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or African and
Asian American Unity have grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Cocoabutterlove.com has the right to terminate your account and refuse
any and all current or future use of the site service.
Your Use of the Service and Content Posted on the Site
You understand and agree that:
- Cocoabutterlove.com may review and delete any content, messages, private messages,
photos or profiles, and other materials you may upload to the Service or users of the Service
(collectively, "Content") that in the sole judgment of Cocoabutterlove.com violate this
agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of members.
- you are solely responsible for the content that you publish or display (hereinafter, "post") on the
service, or transmit to other members.
- by posting Content to any public area of the Website, you automatically grant, and you represent and
warrant that you have the right to grant, to Cocoabutterlove.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, 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 will use the Service in a manner consistent with any and all applicable laws and regulations.
Illegal or Prohibited Content
The following is a partial list of the kind of content that is illegal or prohibited on the Website.
Cocoabutterlove.com 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 service and terminating the membership of such violators. It
includes (but does not limit itself to) Content that:
- includes in your member profile any telephone numbers, street addresses, last names, URLs or email
addresses.
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual.
- harasses or advocates harassment of another person.
- includes text and/or pictures containing nudity, uses phrases, texts, pictures containing libel,
obscene, offensive, violent, racist, or pornographic materials/information, including member profile,
chat rooms, mail, message board, personal messages. Offensive language is forbidden anywhere on the
site.
- displays pornographic or sexually explicit material of any kind.
- Provides material that exploits people under the age of eighteen (18) in a sexual or violent manner,
or solicits personal information from anyone under eighteen (18).
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
In order to protect our members from such advertising or solicitation, African and Asian American
Unity reserves the right to restrict the number of emails which a member may send to other members.
- promotes information that you know is false or misleading, or promotes illegal activities, or conduct
that is abusive, threatening, obscene, defamatory or libelous.
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music files.
- contains restricted or password only access pages, or hidden pages or images (those not linked to or
from another accessible page).
- 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.
- engages in commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, bartering, advertising, and pyramid schemes.
Non-Commercial Use by Members
The Website is for the personal use of individual members only, and may not be used in connection with
any commercial endeavors. Organizations, companies, and/or businesses may not become members, and may not
use the service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive
redress.
Member Disputes
It is your responsibility to investigate matches/members of this site and that you will verify they are
legitimate date seekers. There are many different frauds, schemes, and deceptions on the Internet, and we
strongly caution you to be skeptical of any of our members until you learn more about them and verify
their background. You are solely responsible for your interactions with other Website Members. African
and Asian American Unity will not be held responsible for any incident following a contact or a date
between members. We reserve the right, but have no obligation, to monitor disputes between you and other
members.
Modifications to Service
Cocoabutterlove.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that Cocoabutterlove.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. COCOABUTTERLOVE.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT COCOABUTTERLOVE.COM MAKES NO WARRANTY THAT THE WEBSITE WILL
MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
COCOABUTTERLOVE.COM MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COCOABUTTERLOVE.COM WILL NOT BE
LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH
MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA AND/OR OTHER MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT COCOABUTTERLOVE.COM DOES NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITE. AFRICAN AND ASIAN AMERICAN
UNITY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER AFRICAN AND ASIAN AMERICAN
UNITY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITE, ARE ENGAGED IN RENDERING
LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. COCOABUTTERLOVE.COM
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY
HAVE.
YOU UNDERSTAND AND AGREE THAT COCOABUTTERLOVE.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS
CONTAINED, SUGGESTED OR REFERENCED IN THE WEB SITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR
OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFRICAN AND ASIAN
AMERICAN UNITY OR THROUGH THE WEBSITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT COCOABUTTERLOVE.COM MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT COCOABUTTERLOVE.COM IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEBSITE. As a convenience to our members
and users, we may provide links to resources which are beyond our control. We make no representations as
to the quality, suitability, functionality or legality of any sites to which we may provide links, and
you hereby waive any claim you might have against Cocoabutterlove.com with respect to such
sites.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED
DISCLAIMERS MAY NOT APPLY TO YOU.
Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER COCOABUTTERLOVE.COM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO
YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGE, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY
OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR
INABILITY TO USE THE WEBSITE, (B) YOUR RELIANCE ON CONTENT OF THE WEBSITE, AND (C) ANY GOODS, SERVICES OR
OTHER WEBSITES ADVERTISED ON THE WEBSITE, EVEN IF COCOABUTTERLOVE.COM OR SUCH RELATED PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL
CLAIMS YOU MAY HAVE AGAINST COCOABUTTERLOVE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS (INCLUDING, BUT NOT LIMITED
TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES AND DAMAGES YOU SUSTAIN IN CONNECTION
WITH YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE
AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
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, with or without explanation, 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.
If we terminate your membership in the service because you have breached this agreement, you will not be
entitled to any refunds. You may terminate your membership at any time, for any reason, effective upon
sending written notice via email to unsubscribe@cocoabutterlove.com. All membership fees paid are
non-refundable.
Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages,
including without limitation reasonable legal fees, which we may suffer from your activities on or use of
the service, including without limitation any breach by you of this agreement or any charges or
complaints made by other parties against you. You shall cooperate as fully as reasonably required in the
defense of any claim. We reserve the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such
claim.
Privacy Policy
Use of the Website and/or the Service is also governed by our Privacy Policy. If you are located outside
of the United Sates, please note that the information that you provide is being sent to the United
States. By becoming a member of the Service, you consent to your data being sent to the United States and
to such other third parties as may be involved in the provision and operation of the Service.
Any personal data received from customers will be used only for communication between the African and
Asian American Unity Team and you. 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 Cocoabutterlove.com
related products and services.
Cocoabutterlove.com will not use this information for any other purpose. Any information
Cocoabutterlove.com collects will not be shared or sold to any other company or individual.
Personal and network information will be disclosed to third parties only in case of illegal activity on
the site.
Violations
To report a violations/abuse/scam, please contact us at
abuse@cocoabutterlove.com.
Links
This service may provide links to other World Wide Web sites or resources. Because African and Asian
American Unity has no control over such sites and resources, you acknowledge and agree that African and
Asian American Unity is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge and agree that African
and Asian American Unity shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the site service or use of the service.
Proprietary Information
Cocoabutterlove.com owns and retains other proprietary rights in the Services and the
Website. The Services and the Website contain the copyrighted material, trademarks and other proprietary
information and software of the Website and its licensors. In Addition, other members may post
copyrighted information, which has copyright protection whether or not it is identified as copyrighted,
except for that information which is in the public domain or for which you have been given permission,
you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary
information.
Disputes
If there is any dispute about or involving this Website and/or the service, by using this Website, you
agree that the dispute will be governed by the laws of the State of New York without regard to its
conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal
courts of the State of New York. Any claim against us shall be limited to the amount you paid, if any,
for use of the service during the previous 12 months.
By subscribing to the Website, the member accepts and agrees with all the terms and conditions contained
herein.
|
™
