Terms and Conditions

Terms and Conditions for PickMIDate.com

Thank you for using PickMIDate.com, the service that allows single adults in Metro Detroit to meet one another online and at live events. PickMIDate.com is owned and operated by Shandy Productions, LLC. By using the PickMIDate.com website (the "Website"), you agree to be bound by these Terms of Use ("this Agreement") whether or not you register as a member of PickMIDate.com (becoming a "Member.") Please read this Agreement carefully before becoming a Member of or making any use of this Website, or before making use of the PickMIDate.com Service ("the Service.") If you object to anything in these Terms or the PickMIDate.com Privacy Policy, do not use the Website or the Service. PickMIDate.com reserves the right to make changes to this Agreement at any time, effective upon posting the revised Agreement and a notification message on the Website. Your use of the Website or the Service after such posting will constitute your acceptance of such changes.

1. Acceptance of Terms of Use Agreement
   
   a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. PickMIDate.com may modify this Agreement from time to time. Such modifications will be effective upon posting the revised Agreement and a notification message on the Website. This Agreement includes PickMIDate.com's Acceptable Use Policy, Privacy Policy, and other notices regarding the Website and the Service. By accessing the Website or becoming a Member, you accept these Terms and agree to all terms, conditions and notices contained or referenced herein.
   
   b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
    
2. Eligibility. In addition to any terms relating to your Membership type, you must be at least eighteen (18) years of age to use the Website or the Service. By using the Website, 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.
   
   
3. Additional Provisions Applicable to "Dating Members" and "Community Members."
   
   a. Description. Dating Members are single adults who have registered for the PickMIDate.com Service and selected the option of becoming a Dating Member, either at the time of registration or subsequent thereto. Community Members are adults who have registered for the PickMIDate.com Service and selected the option of becoming a Community Member, either at the time of registration or subsequent thereto.
   
   b. Eligibility. In addition to the requirements set forth in Section 2, above, Dating Members must be single or separated from your spouse to register as a Dating Member of PickMIDate.com. Membership in the Service is void where prohibited.
   
   c. Pricing. [FILL IN PRICING INFORMATION HERE].
   
   d. Non-commercial Use. Dating Memberships and Community Memberships are for the personal use of individual Dating Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose.
   
   e. Your interaction with other Members. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, Whether through the website or at in-person events sponsored and/or organized by pickmidate.com. YOU UNDERSTAND THAT pickmidate.COM DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES pickmidate.COM INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. pickmidate.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL pickmidate.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE (which shall include attendance at live events sponsored by and/or organized by pickmidate.com), INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE, whether such meetings occur electronically or in person. 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. YOU UNDERSTAND THAT pickmidate.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
   
   f. PickMIDate.com Events and Contests.
   
   
   1. Personal Costs. From time to time, PickMIDate.com will sponsor and/or organize in-person events related to the Service. Unless explicitly stated otherwise herein or expressly in writing by PickMIDate.com, all attendees at Events are responsible for paying for personal costs associated with such Events (including, but not limited to, costs for admission, transportation, food, etc.)
   2. Contests. From time to time, PickMIDate.com will hold contests that will be governed by Official Rules posted on the PickMIDate.com website in conjunction with such contests.
   
   
4. Additional Provisions Applicable to "Vendor Partners."
   
   a. Description. A Vendor Partner is another individual or entity representing a commercial or nonprofit interest who has registered and been accepted by PickMIDate.com as a PickMIDate.com affiliate. The specific terms of such relationship shall be defined on a case-by-case basis between the parties.
   
   b. No Selection Guarantee. Vendor Partners are selected on an application basis only. Submitting a Vendor Partner application does not guarantee your selection by PickMIDate.com.
   
   c. Terms of Relationship. Specific terms of a Vendor Partner's relationship with PickMIDate.com, including the fees associated with Vendor Partner membership, will be outlined in an electronic communication from PickMIDate.com to the Vendor Partner's representative. Such terms are in addition to, and not in place of, the terms of this Agreement. In the event that such terms conflict with the terms of this Agreement, the terms of this Agreement shall be superseding.
   
   d. Termination of Relationship. PickMIDate.com reserves the right to terminate a Vendor Partner relationship at any time. If the termination is due to the Vendor Partner's breach of any portion of this agreement, the Vendor Partner will not receive any refund of fees paid to PickMIDate.com.
   
   e. Vendor Partner Conduct. Vendor Partners, their representatives and affiliates, shall at all times behave professionally toward PickMIDate.com's representatives, affiliates and Members. Vendor Partners shall not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Vendor Partners shall comply with all promises and/or representations made to PickMIDate.com and its representatives and Members. Vendor Partners shall not make false statements, whether orally or in writing, about PickMIDate.com, its representatives or its Members. Vendor Partners shall not use the PickMIDate.com logo, name or other identifier in association with Vendor Partner's promotional materials or publicity except as otherwise explicitly permitted in writing by PickMIDate.com. If, in the sole judgement of PickMIDate.com a Vendor Partner is found to be in violation of this or any other provision, PickMIDate.com shall reserve the right to terminate the Vendor Partner's membership without providing refund fees. PickMIDate.com shall provide electronic notice to the Vendor Partner within two weeks of such membership termination.
   
   f. Confidentiality Agreement. In the course of a Vendor Partner's (or potential Vendor Partner's) discussions and/or relationship with PickMIDate.com, a Vendor Partner (or potential Vendor Partner) may discover confidential information belonging to PickMIDate.com. Under no circumstances shall the recipient of any such information disclose, transmit or otherwise communicate such confidential information at any time prior to, during or subsequent to the relationship with PickMIDate.com. You understand that the breach of this provision would cause irreparable harm to PickMIDate.com and therefore agree that PickMIDate.com may, in addition to its other remedies, obtain injunctive relief.
   
   
5. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions in [INSERT NAME OF WHERE THEY WILL FIND SUCH INSTRUCTIONS], or by sending PickMIDate.com written notice of termination to [FILL IN ADDRESS], or by sending e-mail notice of termination to [FILL IN EMAIL ADDRESS]. PickMIDate.com may terminate your membership by sending notice to you at the email address you provide when you registered on the Website, or such other email address as you may later provide to PickMIDate.com. If PickMIDate.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of any fees you may have paid. All decisions regarding the termination of accounts shall be made in the sole discretion of PickMIDate.com. PickMIDate.com is not required to provide you notice prior to terminating your membership. PickMIDate.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
   
   Improper Use. 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 may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of PickMIDate.com, which may be revoked at any time, for any reason, in PickMIDate.com's sole discretion. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without PickMIDate.com's prior expressed written permission. You agree that you will not use any device, software or routine to bypass any robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any activities conducted by PickMIDate.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
   
   
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify PickMIDate.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PickMIDate.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Facebook Account to your PickMIDate.com account.
   
   
7. PickMIDate.com Content
   
   a. Proprietary Rights. PickMIDate.com owns and retains all proprietary rights in the Website and the Service. The Website contains material protected by copyright, trademark and other intellectual property laws, along with other proprietary material, owned by PickMIDate.com and its licensors and Vendor Partners. Except for information that is in the public domain or for which you have been granted written permission by a representative of PickMIDate.com with actual express authority to grant such permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
   
   b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers or other information or content made available through the Service, but not directly by PickMIDate.com, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. PickMIDate.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website and/or  associated with the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or that is provided (whether orally or in writing) at any in-person event sponsored by and/or organized by PickMIDate.com. Under no circumstances will PickMIDate.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
   
   c. Suspected Infringement. Just as PickMIDate.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, c/o [INSERT ADDRESS] or to [INSERT EMAIL ADDRESS]. Please include: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that you claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit PickMIDate.com to contact you, such as your address, telephone number and an e-mail address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf for this purpose. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. Any personal information you provide in your email will be used only for purposes related to your e-mail.
   
   
8. Use of Mobile Applications. If, at any time PickMIDate.com provides applications for use on mobile devices (telephones, etc.), be aware that your carrier's normal rates and fees apply in addition to any cost that PickMIDate.com may impose.
   
   
9. Content Posted by You on PickMIDate.com
   
   a. Sole Responsibility. You are solely responsible for any statement, advice, representation, offer, or any other information you provide whether in writing, through video or audio files, or through visual works (collectively, "Content") that you publish or display ("post") on the Website or otherwise through the Service (such as by transmission to other Members). You will not post or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive (whether for racial, ethnic, religious, appearance, or any other reasons), sexually suggestive, threatening, or illegal material, or any material that infringes upon or violates another party's rights (including, but not limited to, intellectual property rights, privacy rights, and publicity rights). You will not provide false, inaccurate or misleading information to PickMIDate.com or to any Member. If you provide information to PickMIDate.com or any Member that subsequently becomes inaccurate, misleading or false, you will promptly notify PickMIDate.com of such change.
   
   b. Review. You understand and agree that PickMIDate.com may review and delete any Content, in whole or in part, that in the sole judgment of PickMIDate.com violates this Agreement or which might be offensive or illegal, or that might violate the rights of others, or that might harm or threaten the safety of Members or other parties.
   
   c. Posting in Public Areas. By posting Content to any public area of PickMIDate.com ("public" means that parties other than you and PickMIDate.com staff have permission to access; this may include your Member profile), you automatically grant, and you represent and warrant that you have the right to grant, to PickMIDate.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 aforementioned information and Content. You further represent and warrant that public posting and use of your content by PickMIDate.com will not infringe or violate the rights of any third party.
   
   d. Prohibited Content. The following is a partial list of the type of Content that is illegal or prohibited on the PickMIDate.com Website and at in-person events sponsored by and/or organized by PickMIDate.com. PickMIDate.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 Content from the Website and/or Service, and terminating the membership of such violators. The list of prohibited Content includes, but is not limited to, Content that:
   
   
   1. 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);
   2. harasses or advocates harassment of another person;
   3. involves the transmission of "junk mail," "chain letters," or unsolicited mass electronic mailing ("spamming");
   4. promotes information that you know to be false or misleading, or promotes activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
   5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music files or links to them;
   6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
   7. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
   8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
   10. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
   
   
10. Prohibited Conduct. PickMIDate.com reserves the right to investigate and terminate your membership if you have misused the Website and/or the Service, or behaved in a way that could be regarded as inappropriate, or where your behavior could constitute unlawful or illegal conduct. The following is a partial list of the type of actions you may not engage in with respect to PickMIDate.com. Such prohinited actions include, but are not limited to:
    
    a. You will not impersonate any individual or entity;
    b. You will not "stalk" or otherwise harass any person;
    c. You will not make any statements that express or imply an endorsement by PickMIDate.com without the specific prior written consent by PickMIDate.com;
    d. You will not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner(s) of such proprietary rights;
    e. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
    f. You will not interfere with or disrupt the Website or the the servers or networks connected to the Website;
    g. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    h. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website;
    i. You will not "frame" or "mirror" any part of the Website, without PickMIDate.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to PickMIDate.com the Website in order to direct any person to any other web site for any purpose;
    j. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for PickMIDate.com or cause others to do so.
    
    
11. Communications With PickMIDate.com. When communicating with any representative of PickMIDate.com, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If, in the sole discretion of PickMIDate.com, your behavior toward any representative of PickMIDate.com or any of its Vendor Partners or other affiliates is found at any time to be threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to a refund of any fees that you may have paid for any services provided to you by PickMIDate.com or its affiliates.
    
    
12. Termination or Modification of Service. PickMIDate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PickMIDate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
    
    
13. IP Address Blocking. In order to protect the integrity of the Service, PickMIDate.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
    
    
14. Member Disputes.  You are solely responsible for your interactions with other PickMIDate.com Members. PickMIDate.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
    
    
15. Disclaimers.
    
    a. Not Responsible for Content. PickMIDate.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. PickMIDate.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service, including the conduct of any Vendor Partner. PickMIDate.com 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. PickMIDate.com is 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 Service. Under no circumstances will PickMIDate.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and PickMIDate.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PickMIDate.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
    
    b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. PickMIDate.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
    
    
16. Links. PickMIDate.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PickMIDate.com has no control over such sites and resources, you acknowledge and agree that PickMIDate.com 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 PickMIDate.com 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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
    
    
17. Linked Accounts. PickMIDate.com permits you to associate your PickMIDate.com information and/or Content with your ID/username on other websites such as Facebook, Twitter, etc. When you establish a linked account, you can post content on PickMIDate.com and automatically posted the same Content, or a link thereto, to your Facebook, Twitter or other account. In addition, when you establish a linked account, you can sign into PickMIDate.com with your Facebook log-in information. PickMIDate.com is not responsible for the operation of functionality of Facebook Connect, Twitter, or any other third-party site, application and/or software. Facebook and Facebook Connect are  registered trademarks of Facebook, Inc.  Twitter is a registered trademark of Twitter, Inc.
    
    
18. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will PickMIDate.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if PickMIDate.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PickMIDate.com'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 PickMIDate.com for the Service during the term of membership.
    
    
19. Indemnification. You agree to indemnify and hold PickMIDate.com, 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 Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
    
    
20. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
    
    
21. Waiver. PickMIDate.com's lack of enforcement of any provision of this Agreement at any time shall not constitute a waiver of any of PickMIDate.com's rights under this Agreement or otherwise under the law.
    
    
22. Jurisdiction and Choice of Law. Your use of the Website and/or the Service constitutes your express agreement that, if there is any dispute arising out of the Website and/or the Service, any such dispute shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Michigan, in Wayne County, for the resolution of any such dispute.
    
    
23. Entire Agreement. This Agreement contains the entire agreement between you and PickMIDate.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.