bedroom partner.com Service Agreement

This is a legal agreement ("Agreement") between you and AGL (the "Owner"), which will apply to you in respect of any and all services offered by or acquired from the bedroom partner.com web site (the "Site") located at www.bedroom partner.com (the "Service"). Upon successful registration, you become a member of the Service (a "Member"), and you agree to be bound by all of the terms and conditions of this agreement (the "Terms") for as long as you remain a Member, in addition to our Email, Acceptable Usage, Privacy and other terms and conditions posted on the Site from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME A MEMBER OF THE SERVICE.

THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!!!

The Owner or You may terminate this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party. If you send a notice of termination, your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Site from time to time.

The Owner assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the service through your membership. Use of the service is strictly prohibited to minors or any person under the age of 18, regardless of whether you have parental consent.

As a member, you agree that:

You will only use the Service in a manner that is accepted and legal according to all applicable laws and regulations.

You will adhere to our email and acceptable use policies and all other terms and conditions relating to your usage of the Services in respect of the Site, and will not transmit chain letters, junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Members of the Service.

You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.

By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant the Owner and other Members 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.

Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault)

You will not communicate, publish or display to any other Member any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as decided by the Owner. The Owner reserves the right to remove any such material from the Service without notice.

You will not engage in, and the Owner is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member of the Service (including but not limited to physical and emotional damage).

You will not use the Site, Services or your profile for any purpose other than to seek other persons for meeting, friendship or dating; the Service and profiles shall not be used for any commercial purpose whatsoever (including but not limited to escorts, commercial or non-dating solicitations, or otherwise). Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Site or by email or other means external to the Site, and 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 redress.

In order to protect our Members from improper advertising or solicitation, and to maintain usage integrity on the Site, we reserve the right to restrict access by all Members to all or certain elements of the Service on a per-action basis (including messaging, or otherwise), such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.

You will not include any contact information or identifying content of yourself or another person in your profile. In the event that such unauthorized information has been included in your profile (determined by the Site, in its sole discretion) you authorize and agree that the Site may carry out the following:
(i) immediately suspend or remove your profile, until such time as the breach is remedied; or
(ii) remove or obliterate all or any portion of such prohibited information, and allow the remainder of your profile to be posted on the Site.

You agree we reserve the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission
You will defend, indemnify, and hold harmless the Owner and Relationship Exchange Limited ("REX"), as the provider of the Site infrastructure, their officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Site or Service, including any breach by you of the Terms of this Agreement and our Email, Acceptable Usage, Privacy and other terms and conditions posted on the Site from time to time.

Please note you may be involuntarily exposed to offensive or obscene materials on the Service that may have been posted by Members, hackers or unauthorized users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members.

THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION, WHETHER ON THE BASIS OF COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR ANY MESSAGING OR OTHER ACTIVITY AND THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE, AND TO REVIEW USAGE, ACTIVITY OR THE CONTENT OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES WHICH ARE OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE SERVICE. THE OWNER SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL OR PROFILES, REGARDLESS OF WHETHER THE OWNER DETERMINES THAT SUCH MATERIALS OR PROFILES VIOLATE, OR ARE ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.

NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE TO MONITOR, CONTROL OR EDIT ANY COMMUNICATIONS BETWEEN ITS USERS, AND SUCH COMMUNICATIONS MAY BE OFFENSIVE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, COMMUNICATIONS, AND OTHER INFORMATION. ALL COMMUNICATIONS BETWEEN USERS ARE AT THE USER'S SOLE CONTROL AND RISK.

IN NO EVENT WILL REX, ITS AFFILIATES OR THE OWNER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER, REX OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY REX, ITS AFFILIATES, OR THE OWNER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

UNDER NO CIRCUMSTANCES WILL REX, ITS AFFILIATES OR THE OWNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER REX, ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER, REX, ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. REX, ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER REX, ITS AFFILIATES NOR THE OWNER WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

REX, ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR SERVICE.

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

This Agreement as construed between the Owner and you is governed under the laws of the jurisdiction of incorporation of the Owner, regardless of conflicts of law principles. However, this Agreement as construed between REX, its affiliates and yourself shall be governed under the laws of the Province of Alberta, Canada, regardless of conflicts of law principles. Any disputes or legal proceedings arising out of or relating to this Agreement shall:
(i) as they pertain to the Owner, at the Owner’s election be determined via arbitration in the jurisdiction of incorporation of the Owner (pursuant to the arbitration rules designated by the Owner), or in the courts of the jurisdiction of incorporation of the Owner; and
(ii) and as they may pertain to REX or its affiliates, at REX’s election shall be shall be determined via arbitration in the Province of Alberta, Canada (pursuant to the arbitration rules designated by REX), or in the courts in the Province of Alberta, Canada.

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that the performance of this Agreement, in all its aspects as it pertains to the Owner, does not take place outside of the jurisdiction of incorporation of the Owner, and performance of this Agreement, in all aspects as it pertains to REX, its affiliates and yourself, does not take place outside of the jurisdiction of Province of Alberta, Canada.

This Agreement, accepted upon registering for the Service, contains the entire Agreement regarding the use of the Service. This Agreement may be relied upon by REX as noted above, and may only be amended as it pertains to REX with the express consent of REX. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

<Top>