This document represents a legal document that serves as our Terms of Service. It governs the legal terms of our website, www.CurvesConnect.com (“Website”), along with any associated subdomains and applications and the services offered by them, all of which are owned and operated by Family Media Partners, Inc. (“Family Media”).
If you do not accept our Legal Terms, you should not access our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Website was posted on May 15, 2019.
All Postings, text, information, graphics, audio, video, and data found on our Website, whether free to all or part of our paid features of our Website, are collectively known as our “Content”. We may refer to Content provided by our Members as “Member Content” which includes Content offered through a Member Profile as well as Postings. When we refer to our Website, our Service and Content are included by reference, though we may refer to these separately.
Through our Website, we offer a service (“Service”) allowing Members to interact socially. Our Service is oriented towards allowing single men and women who consider themselves curvy, and anyone who does not judge a book by its cover, to create Profiles in order to meet each other online. Your use of our Service is subject to our Legal Terms.
Family Media grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly for your personal use and solely in accordance with our Legal Terms. Your use of our Website is solely for your personal and non-commercial purposes, unless otherwise provided in our Legal Terms.
Family Media offers our Service strictly as a venue and does NOT enter into any other relationship with you, other than that of an independent contractor. Our Legal Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Family Media or our affiliates.
YOU AGREE THAT OUR SERVICE IS NOT A DATING SERVICE. IT IS MERELY A VENUE FOR OUR MEMBERS TO INTERACT. FAMILY MEDIA DOES NOT MATCH YOU WITH OTHER MEMBERS. FAMILY MEDIA DOES NOT OFFER ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, THAT YOU WILL DATE, MARRY, OR OTHERWISE HAVE ANY RELATIONSHIP OF ANY KIND WITH OTHER MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT FAMILY MEDIA CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. FAMILY MEDIA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. FAMILY MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. REGARDLESS, FAMILY MEDIA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
IN ADDITION, YOU AGREE TO REVIEW OUR DATING SAFETY TIPS PRIOR TO USING THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES RELATED TO YOUR USE OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO YOUR INTERACTIONS WITH OTHER MEMBERS.
You may view some of our Content without becoming a Member of our Website. However, to use most functionality offered through our Website, you must register and become a Member. Your membership is not transferable or assignable and is void where prohibited. By registering with our Website, you certify that you are at least age 18 years of age or older (i.e. not a Child). If you are under the age of 18, you may NOT become a Member of our Website.
Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. Family Media has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that Family Media shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Any Posting you make through our Website is considered Member Content. For any Posting you make, you warrant to Family Media that you have legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text, images or videos. You are solely responsible for insuring that you do not infringe the rights of any third parties in such Posting and for any legal damages caused by your transmission, use, or display of your Posting.
You agree that your Member Content should not contain material that is considered offensive, indecent, or objectionable. However, you understand that we have little control over the Member Content provided by our Members and we do our best to ensure, but do not in any way guarantee the decency, legality, quality, accuracy or integrity of such Member Content. If your Member Content is reported to Family Media as being illegal, in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable Member Content within 24 hours of being notified by Family Media. Should you fail to comply with such a request, Family Media has full authority to either restrict your ability to use our Website OR to immediately terminate your account without further notification to you.
Family Media is not responsible for the monitoring or filtering of any Member Content. Without limiting the foregoing, you understand and agree that Family Media may review and delete any Member Content, including but not limited to messages, double-blind emails, photos or Profiles, in each case in whole or in part, that in the sole judgment of Family Media violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You acknowledge that Family Media is NOT liable for loss or damage to Member Content nor do we warrant that we may have a backup of your Member Content.
You should always maintain your own backup copies of Member Content.
Family Media does not make any ownership claims to your Member Content. However, by uploading Member Content, you grant Family Media a perpetual, worldwide, royalty-free, irrevocable license to use, display, and redistribute your Member Content in any form we see fit.
Family Media follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
Family Media will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
You agree not to use our Website to do any of the following:
1) make any Posting that: (a) violates any local, state, federal, or international laws, (b) infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, (c) harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable, (d) links directly or indirectly to any materials to which you do not have a right to link, (e) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers, (f) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment, or to extract information from our Website, (g) contains any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (h) you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements), and/or (i) in the sole judgment of Family Media, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose Family Media, our affiliates, or our Users to any harm or liability of any type.
2) use our Content to: (a) develop a competing Website or help anyone else to do the same, (b) create compilations or derivative works as defined under copyright laws, (c) re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism, (d) decompile, disassemble or reverse engineer our Website and any related Website, and/or (e) use our Website in any manner that violates our Legal Terms or any local, state, federal, or international laws.
3) use your account to: (a) allow another person to login as you and/or (b) violate any local, state, federal, or international laws.
Our Website may contain our Website marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. Our Website is also protected under international copyrights. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind.
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Our Website may contain links to third party Websites. These links are provided solely as a convenience to you. By linking to these Websites, we do not create or have an affiliation with, or sponsor such third party Websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Websites. Family Media has no control over the legal documents and privacy practices of third party Websites; as such, you access any such third party Websites at your own risk.
Family Media reserves the right to change any and all Content, features of our Website, and features of our Service, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons.
Family Media 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, Member Content. Family Media is not responsible for any technical malfunction or other problems of any telephone network or website, computer systems, servers or
providers, computer or mobile phone equipment, website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will Family Media be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
FAMILY MEDIA, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. FAMILY MEDIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE. FAMILY MEDIA DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUZED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SERVICE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BAZED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FAMILY MEDIA. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
Family Media, as well as all our affiliates, shall not be liable for any loss, injury, death, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your or other Members’ use of our Website; or (d) any delay or failure in performance of our Website.
FAMILY MEDIA AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FAMILY MEDIA AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL FAMILY MEDIA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF FAMILY MEDIA IS AWARE OR HAS BEEN ADVIZED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAMILY MEDIA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SERVICE.
Currently, you may become a Member of our Website for free. However, if you wish to your upgrade your Profile to include additional features (“Subscription”), you agree to pay for such Subscription and you authorize Family Media to charge your chosen payment provider ("Payment Method") for the Subscription. By paying for a Subscription, you represent and warrant that:
Your Subscription will continue indefinitely until cancelled by you. You authorize Family Media to charge your Payment Method at the beginning of your subsequent Subscription period for the fees due along with any sales or similar taxes that may be imposed on your Subscription. If you do not wish your account to renew automatically, or if you want to change or terminate your Subscription, please log in and go to the "Change / Cancel Membership" (or similar) page on your "Payment Reports" page. Your will be responsible for fees through the end of your current Subscription period.
You can cancel your Subscription at any time. If you cancel your Subscription, your account will be returned to a non-paying status at the end of your current Subscription period. You will lose access to all Subscription-level functionality at that time, which may include, but is not limited to, access to messages and other Content that are only available to Members who have current Subscriptions.
Any free trial or other promotion that provides Subscription access to the Service must be used within the specified time of the trial. You must cancel your Subscription before the end of the specified trial period in order to avoid being charged for the Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us to have the charges reversed.
You agree to indemnify, defend and hold harmless Family Media and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Website providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.
You acknowledge that if you violate the terms of our Legal Terms, Family Media reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Website and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations or intellectual property infringement, shall be settled solely by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ft. Lauderdale, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.
Our Legal Terms shall be treated as though it were executed and performed in the State of Florida in the United States, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Family Media under our Legal Terms shall survive the termination of your Account.