THEBACHELOR.COM SERVICE AGREEMENT
TERMS OF SERVICE
1.
Acceptance.
This
TheBachelor.com Service Agreement ("Agreement") is made by and
between PocketSoul LLC, a Georgia corporation
dba ("TheBachelor.com" or "Company") and you.
This is an electronic contract that sets out legally binding terms. By affirming that you agree with these terms,
or accessing or using any part of this website (the "Site"),
you agree that (a) you consent to have this Agreement provided to you in
electronic form; and (b) you have read and agree to the terms of this Agreement
for all past, present and future uses of the Site. The provisions of this
Agreement also apply to any TheBachelor.com, or its licensors’, software
("Software") downloaded onto your personal computer. TheBachelor.com
reserves the right to make changes to any part of this Agreement at any time
without notification to you. The changes
will apply to your use of the Site and to any use of the Software that you make
after TheBachelor.com posts such changes on the Site. Your use of the Site after TheBachelor.com
posts such changes on the Site will constitute acceptance by you of such
changes. Therefore, you should review this Agreement as posted on the Site from
time to time.
2. Your Ability to Enter into the Agreement.
You
affirm that you are either more than 18 years of age, or are an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement, and to abide by
and comply with this Agreement. You may not submit anything to the Site, or
provide any information about yourself, to TheBachelor.com unless you are at
least 13 years old, even if you have the consent of a parent or guardian to do
so.
3. General Contest Rules and
Conditions.
The
Site facilitates the operation of online dating contests ("Contests")
by users and other sponsors. Set forth below are the general terms and
conditions ("General Rules") for organizing and participating
in a Contest on the Site. Some Contests will have their own particular rules
("Official Rules"), and the Official Rules will govern and
control the conduct of that Contest and supersede these General Rules to the
extent of a conflict.
a. Organizing and Participating in a
Contest: Any authorized user of the
Site may organize a Contest. This person is referred to as the “Contest
Organizer.” The Contest Organizer is
responsible for establishing any Official Rules for that Contest Organizer's
Contest. The Contest Organizer may also
provide other instructions and requirements for the Contest on its Contest Page
(as such term is defined below). TheBachelor.com
may be the Contest Organizer for some Contests.
Contest Organizers may provide prize(s) for the Contest. Some Contests may have a sponsor who provides
prize(s) for the Contest (“Sponsor”).
Any authorized user of the Site may submit an entry in a Contest based
on the qualification rules established for the contest. These persons are
referred to as “Entrants.” By
participating in a Contest, participants certify that he/she has followed, and
agrees to be bound by, the Official Rules of the Contest, as well as these
General Rules and this Agreement. All Entrants consent to use of their
personality rights, including without limitation, of their name, likeness, and
entry material, in any manner by TheBachelor.com or the Sponsor or any other
promotional partners for advertising, distribution, sale and trade without further
compensation, unless prohibited by law. By participating in a Contest,
participants agree to be bound by the decisions of the Company with respect to
the Contest, which are final.
b. Eligibility in non-prize contests: All TheBachelor.com members are eligible to enter any
Contest on the Site that does not have a prize (a “Free Contest”), in
accordance with these General Rules and any Official Rules on the Contest page
for that Contest.
c. Eligibility in for-prize contests: Unless otherwise provided in the Official Rules,
Contests with a prize (“For-Prize Contests”) are open to legal residents
of the 50 United States and the District of Columbia who, as of the date of
entry submission, have attained the age of majority in their state of
residence, or are emancipated minors, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
General Rules and the Official Rules. Employees of TheBachelor.com, its
affiliates, subsidiaries, Sponsors, advertising, promotion agencies, and their
immediate families and those living in same household of each are not eligible
to participate in any For-Prize Contest. You may enter more than once in any
Contest; however, each entry must be accompanied by a unique performance or
work created by you.
d. Duration and Entry: Contests begin the moment that a Contest Organizer
creates the Contest by posting it on a page of the Site (the “Contest Page”). Contests will end at the time and on the date
specified on the Contest Page. Contests may be designated by the Contest
Organizer as either “open” or “closed.” For open Contests, you may enter the
Contest through the Contest Page. For closed Contests, the Contest Organizer
must invite you to participate in the Contest. Unless otherwise noted in the
Official Rules, no purchase is necessary for any Contest. The Contest Organizer
may specify eligibility requirements for each contest on the Contest Page or in
the Official Rules.
e.
Invitations: If you are a Contest Organizer, or if you are an
Entrant, you are encouraged to share your Contest or entry in the Contest with
friends and family and ask them to create a free TheBachelor.com account and
participate in your Contest or, if applicable, vote for your entry. However, no
Contest Organizer or Entrant is permitted to send “spam,” as further described
under “User Conduct” below. With respect to Contests that are subject to
voting, you may not create multiple accounts for the purpose of voting more
than once for an entry. Noncompliance with these or any other General Rule or
Official Rule will result in disqualification and legal action as necessary.
f. Submission of Entries: Unless otherwise noted in the Official Rules, entries
must only depict the original performance (e.g., singing) or work (e.g.,
photography) of the Entrant. Any entry or comment which in the sole opinion of
the Contest Organizer, a Sponsor or TheBachelor.com is deemed inappropriate (e.g.,
defamatory or depicts nudity, violence or inappropriate acts, etc.) or which
otherwise violate these General Rules, the Official Rules for the Contest, or
this Agreement will be removed, and the Entrant may be disqualified. All
submitted content must be in the language of the website where the contest was
created (e.g., TheBachelor.com uses English) unless otherwise noted in the
Official Rules.
g. Selecting Winners; Voting: The manner in which an Entrant wins a Contest will be
determined by the Contest Organizer. In some Contests the winner may be the
Entrant that is selected at the discretion of the Contest Organizer because the
Contest Organizer feels the Entrant’s performance or work is entertaining or
otherwise best meets the selection criteria, if any, in the Official
Rules. In other Contests user voting may
be implemented. In a thumbs up/down
Contest, authorized users of the Site will have the opportunity to cast one
vote in the affirmative for each performance or work they feel is entertaining
or otherwise best meets the selection criteria, if any, in the Official Rules.
In the case of a faceoff Contest, an authorized user of the Site may vote for
one of the two entries in each match-up. If the same user is presented with the
same matchup a second time, only their latter vote will be counted. The
selection or voting will end at the time and on the date specified on the
Contest Page. On or about that same
date, TheBachelor.com will total the number of eligible votes received and
contact the winner about the prize (if any) shortly after that date. The Company may apply a weight to votes based
on a trust based scoring system that factors in voter accuracy and potential
fraud. With respect to Contests in which
the winner is selected by the Contest Organizer, the Contest Organizer will
inform TheBachelor.com as to who the winning Entrant is and TheBachelor.com
will contact the winner about the prize (if any) shortly thereafter.
h. Contest Organizer Tools: Contest Organizers have the right, within their own
Contests, to remove entries, comments and votes that violate these General
Rules, the Official Rules for the Contest or this Agreement.
i. Prize: Prizes are provided by the Contest Organizer or a
Sponsor. Not all Contests will have a prize. The details of the prize and
associated worth of the prize are provided either in the Official Rules or on
the Contest Page. Winners may make no
substitution or transfer of a prize. All federal, state and local income taxes
are sole responsibility of winners. Winners assume all liability for any
injury, damage caused or claimed to be caused by participation in a Contest or
use or redemption of any prize.
THEBACHELOR.COM
IS NOT RESPONSIBLE FOR ANY PRIZE AWARDED BY ANY CONTEST ORGANIZER OR SPONSOR
(UNLESS THEBACHELOR.COM IS THE CONTEST ORGANIZER OR SPONSOR OF THE APPLICABLE
CONTEST AND OFFERED THE PRIZE), INCLUDING FOR ANY WARRANTY, SUPPORT OR OTHER
SERVICES ASSOCIATED WITH THE PRIZE.
THEBACHELOR.COM IS NOT RESPONSIBLE IF A CONTEST ORGANIZER OR SPONSOR
FAILS TO AWARD A PRIZE TO A WINNING ENTRANT (UNLESS THEBACHELOR.COM IS THE
CONTEST ORGANIZER OR SPONSOR OF THE APPLICABLE CONTEST AND OFFERED A PRIZE).
j. Winners: To find out the name of the winner(s) of a Contest,
visit the Contest Page after the specified Contest end date. Non-verified
winners may be notified by email and must respond within 4 days of
transmission. If TheBachelor.com or the Sponsor does not receive response with
this time period, the winner may be disqualified and an alternate winner will be
determined.
4. Proprietary Rights.
TheBachelor.com
owns and retains all proprietary rights in the Site. The Site contains the
copyrighted material, trademarks, and other proprietary information of
TheBachelor.com, and its licensors. Except with respect to information which is
in the public domain, or as may be permitted in this Agreement, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
You acknowledge and agree that, except for the license expressly
described under “Software” below, you have no right, title and interest in the
Software, in any form, or in any copies thereof, including all worldwide
copyrights, trade secrets, patent rights and any other proprietary information
and confidential information rights therein.
5. Submission of Content.
The
Site and Software may enable you to create content (“Content”) that you
submit to TheBachelor.com for display on the Site, whether as an entry in a
Contest, as a Contest Organizer, or otherwise.
Subject to: (a) Company’s, or its licensors’, ownership of any
underlying code incorporated into Content that you create with the Software;
and (b) Company’s or third parties’ ownership of material on the Site, such as
lyrics and music, that may be incorporated in Content you provide to Company,
you retain ownership of the copyright and other intellectual property rights in
the Content, including but not limited to your performance. You hereby grant to Company a perpetual,
irrevocable, royalty free, worldwide license to use, copy, publicly perform,
publicly display, reproduce, adapt, distribute, sublicense, modify, make, have
made, offer for sale and sell, incorporate into other works, prepare derivative
works of and otherwise fully exploit and commercialize any Content that you
submit to Company in any media now known or hereafter known. Company may do any or all of the foregoing
for any purpose its deems, at its sole discretion, appropriate. Any Content that
you submit is deemed non-confidential, and TheBachelor.com shall be under no
obligation to maintain the confidentiality of any information, in whatever
form, contained in the Content.
You
shall be solely responsible for the Content and the consequences of posting or
publishing it. In connection with the Content, you represent and warrant that:
(a) the Content does not infringe or violate the rights of any third party, and
you own or have the necessary licenses, rights, consents, and permissions to
use and authorize TheBachelor.com to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all Content to enable
inclusion and use of the Content in the manner contemplated by the Site and
this Agreement; and (b) you have the written consent, release, and/or
permission of each and every identifiable individual person in the Content to
use the personality rights, including without limitation, the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of the Content in the manner contemplated by this Site and this Agreement.
Company has the right in its sole discretion to refuse to post Content for any
reason, including, but not limited to, submitted Content that appears to
contain material protected by intellectual property rights held by a third
party.
You
agree that TheBachelor.com is not responsible for any violations of any
intellectual property rights in any Content that you submit to TheBachelor.com.
You understand that by using the Site and the services it enables that your
Content will be publicly available to others and that TheBachelor.com has no
obligation to prevent the unauthorized copying, dissemination, alternation or
other use of your Content by others.
6. What to Do if you Believe
Anything on this Site Infringes Your Intellectual Property Rights.
If
you are a copyright owner or agent of an owner and believe that Content on this
Site or anything else on this Site infringes your intellectual property rights,
please provide TheBachelor.com’s Copyright Agent the following information:
(a) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
(b) a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
(c) a
description of where the material that you claim is infringing is located on
the site;
(d) your
address, telephone number, and email address;
(e) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
(f) a
statement by you, made under penalty of perjury, that the above information
provided by you is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
TheBachelor.com’s
Copyright Agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By
mail: Copyright Agent c/a TheBachelor.com, 10100 Santa Monica Blvd Suite 410
Los Angeles Ca 90067
By
email: copyright@thebachelor.com
Upon
receiving your complaint, the Company may, in its sole discretion, remove
material that you believe infringes your copyright or other intellectual
property. In addition, the Company may, in appropriate circumstances and at its
discretion, disable and/or terminate the account of users who may be repeat infringers.
7. User Conduct.
You
agree not to use the Site to:
(a) upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity,
including, but not limited to, a TheBachelor.com official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content submitted to the
Site;
(e) upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”
or any other form of solicitation, except that you may provide promotional
materials in those areas (such as shopping) that are designated for such
purpose;
(h) upload, post, email, transmit or
otherwise make available 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;
(i) disrupt the normal flow of dialogue,
cause a screen to “scroll” faster than other users of the Site are able to
type, or otherwise act in a manner that negatively affects other users’ ability
to engage in real time exchanges;
(j) interfere with or disrupt the Site
or servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
(k) intentionally or unintentionally violate
any applicable local, state, national or international law;
(l) provide material support or
resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
(m) “stalk” or otherwise harass another;
and/or
(n) collect or store personal data about
other users in connection with the prohibited conduct and activities set forth
in paragraphs (a) through (m) above.
8. Software.
Company
provides you with a limited license to use the Software you are about to
download, solely for the purpose of creating Content and submitting the Content
to Company for display and distribution through the Site. You shall not copy,
distribute, sell, lease, lend, sub-license, or charge others to use or access
the Software, or reverse engineer, disassemble or attempt to discover the
structure or underlying ideas of any Software. You shall not use the Software
to create Content for any use other than in connection with the Site, and you
shall not provide any Content created with the Software to any third party
other than Company. All Software is provided on an “AS IS” basis without any
warranty.
9. Site Availability.
You
understand that the Site may be taken down for maintenance from time to time
and that most Site features, including access to Contests, will not be
available during that time.
10. Non-Commercial Use by Users.
The
Site is for the personal use of authorized users only and may not be used in
connection with any commercial endeavors.
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 and unauthorized framing of or linking
to the Site may be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress. Use of
the Site is with the permission of TheBachelor.com, which may be revoked at any
time, for any reason, in TheBachelor.com’s sole discretion.
11. 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 TheBachelor.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. TheBachelor.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 Microsoft .Net Passport to your TheBachelor.com account.
12. Your Interactions with Other Users
of the Site.
You
understand that during the course of using the Site, participating in Contests,
and going on dates, you will interact with other users of the Site either
online or in person. You are solely
responsible for your interactions with other users of the Site (including
without limitation, Entrants, Contest Organizers, and Sponsors). You understand that TheBachelor.com does not
in any way screen its users, nor does TheBachelor.com inquire into the
backgrounds of its users or attempt to verify the statements of its users.
TheBachelor.com makes no representations or warranties as to the conduct of
users. TheBachelor.com is not
recommending to you any person or group of persons. You understand that TheBachelor.com does not
make such recommendations and does not vouch for or recommend any of them. You understand that finding the right
person(s) to associate with is your
personal decision for which you alone are responsible.
You
understand that meeting new people, by whatever method or means, always
requires taking normal precautions you should otherwise follow in establishing
new relationships. Those may include, but are not limited to, meeting in public
places, checking with mutual friends, free or fee-based internet search
options, and otherwise using common sense about protecting yourself and your
property. You understand that you are responsible for protecting yourself and
your personal and financial information, that you are not entrusting that
responsibility to anyone else, and that you understand that nothing on
TheBachelor.com is designed to or should be expected to do any of that for you.
13. Termination of Services.
You
may establish only one account per person, and up to two accounts per computer
or address, to participate in the activities offered on the Site.
TheBachelor.com reserves the right to monitor any effort to establish multiple
accounts; in the event TheBachelor.com discovers that you have opened more than
one account per person, all additional accounts will be closed without notice
and continued violation will result in the termination of any and all of your
accounts. TheBachelor.com also reserves
the right to deny access to anyone, including, but not limited to those users
who use proxy servers and/or IP addresses residing in certain geographical
areas outside of the U.S.
TheBachelor.com
reserves the right to terminate any portion of the Site at any time, for any
reason, with or without notice, even though termination may affect your ability
to participate or run Contests.
14. Warranty Disclaimer.
YOU
AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, THEBACHELOR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
PARTICULARLY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.
THEBACHELOR.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, (F) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE
OF THE SITE, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THEBACHELOR.COM
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
THEBACHELOR.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. Limitation of Liability.
IN
NO EVENT SHALL THEBACHELOR.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (A) ANY ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, (F) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE
OF THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT THEBACHELOR.COM SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16. Indemnity.
You agree to defend, indemnify and hold harmless TheBachelor.com,
its parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Site; (ii) your violation of this Agreement;
(iii) your violation of any third party right, including without limitation any
copyright, intellectual property, or privacy right; or (iv) any claim that your
Content infringed upon the rights of or caused damage to a third party. This
defense and indemnification obligation will survive your use of the Site. TheBachelor.com may in its sole discretion
control the defense, at your expense, of any claim indemnified herein. In the
event that TheBachelor.com determines not to control the defense of any claim
hereunder, it may join in defense with counsel of its choice at its own
expense. You will not settle or resolve any such claim in a manner that imposes
any liability or obligation on TheBachelor.com or affects TheBachelor.com’s
rights in connection therewith without the advance written approval of
TheBachelor.com.
17. 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.
18. General.
You agree that: (i) the Site shall be deemed solely based in Georgia and (ii) the Site shall be
deemed a passive website that does not give rise to personal jurisdiction over
TheBachelor.com, either specific or general, in jurisdictions other than
Georgia This Agreement shall be governed by the internal substantive laws of the
State of Georgia without respect to its conflict of laws principles. Any claim
or dispute between you and TheBachelor.com that arise in whole or in part from
the Site or this Agreement shall be decided exclusively by a court of competent
jurisdiction located in Fulton County,
Georgia This Agreement, together
with the Privacy Notice at http://www.TheBachelor.com/privacy and any other
legal notices published by TheBachelor.com on the Site, shall constitute the
entire agreement between you and TheBachelor.com concerning the Site. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and
effect. No waiver of any term of this
this Agreement shall be deemed a further or continuing waiver of such term or
any other term, and TheBachelor.com's failure to assert any right or provision
under this Agreement shall not constitute a waiver of such right or provision.
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