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TERMS OF SERVICE

Welcome to The Acme Dating Company and AcmeDating.com operated by Penguin Marketing Group, a Florida limited liability corporation. By using our system (the "System") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member or create a mailbox ("Member"). If you wish to become a Member and communicate with other Members and make use of the Acme Dating Company, read these Terms of Service. By using the System you are indicating your acceptance of the terms of this Agreement.

This Agreement sets out the legally binding terms of your use of the System and your membership in the System and may be modified by us from time to time, such modifications to be effective upon announcement by us on AcmeDating.com and the System.

You must be eighteen or over to visit our website or use the System whether or not you set up a mailbox. Membership in the System is void where prohibited. By using the System, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

1. Term. This Agreement will remain in full force and effect while you use the System. You may terminate your membership at any time, for any reason by calling customer service. We may terminate your membership for any reason by deleting your mailbox on the System. If we terminate your membership in the System because you have breached the Agreement, you will not be entitled to any refund of unused Acme Credits, prepaid message chips or unlimited access time or other benefits of the System.
2. 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 or businesses may not become Members and should not use the System for any purpose. Illegal or unauthorized uses of the System will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive remedies.
3. Proprietary Rights in Content on The Acme Dating Company. We own and retain all proprietary rights in the System and AcmeDating.com. These contain the copyrighted material, trademarks, and other proprietary information of Penguin Marketing Group LLC, and its licensors. Except for that information which 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.
4. Content Posted on the Site.
  1. You understand and agree that we may review and delete any content, messages, or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  2. You are solely responsible for the Content that you publish or record on the System, or transmit to other Members.
  3. By posting Content to any public area of The Acme Dating Company, you automatically grant, and you represent and warrant that you have the right to grant, to Penguin Marketing Group LLC 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.
  4. The following is a partial list of the kind of Content that is illegal or prohibited on the System. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the System and terminating the membership of such violators. It includes Content that:
    • is patently offensive, 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;
    • promotes information that you know is false, 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;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • 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; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  5. You must use the System in a manner consistent with any and all applicable laws and regulations.
  6. You may not include in your public message or chatline greetings any telephone numbers, street addresses, last names, URLs or email addresses.
  7. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the System. Although we cannot monitor the conduct of Members off the System, it is also a violation of these rules to use any information obtained from the System in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.


5. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

6. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, but has no obligation, to monitor disputes between you and other Members.

7. Privacy. Use of the System is also governed by our PRIVACY POLICY.

8. Disclaimers. Penguin Marketing Group LLC is not responsible for any incorrect or inaccurate Content posted on the System or in connection with the System, whether caused by users of the System, Members or by any of the equipment or programming associated with or utilized in the System. We are not responsible for the conduct, whether online or offline, of any user of the System. Penguin Marketing Group LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the System. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the System, any Content posted on the System or transmitted to Members, or any interactions between users of the System, whether over the phone or online or offline. The Website and the System are provided "AS-IS" and Penguin Marketing Group LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the System.

9. Limitation on Liability. In no event will Penguin Marketing Group be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the System, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Penguin Marketing Group's liability to you 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 to us in connection with the System.

10. Disputes. If there is any dispute about or involving the System, by using the System, you agree that the dispute will be governed by the laws of the State of Florida 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 Florida, County of Palm Beach.

11. Indemnity. You agree to indemnify and hold Penguin Marketing Group, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the System in violation of this Agreement or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

12. Other. This Agreement, accepted upon use of the System, contains the entire agreement between you and Penguin Marketing Group regarding the use of the System. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

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