TERMS OF USE FOR AFFLUENT ARRANGEMENTS' SERVICES

Please read the following terms and conditions carefully, as they form the agreement between us (Affluent Arrangements, its parent company, and the Affluent Arrangements website) and you (the end user.) If you do not agree to these terms and conditions, you may not use the service and should not proceed to register or continue use. By using the Service after SEPTEMBER 20, 2006 you are agreeing to be bound by this Agreement, including all amendments made to date.

When you sign up for and/or use any service within the Affluent Arrangements group of communities or websites you agree to all of the terms and conditions of this Agreement. Use includes the act inclusive to, but not limited to, visiting the Affluent Arrangements website and any directory or subdirectory located therein. It is the user's express responsibility to exit the website immediately if they do not agree to these terms and conditions.

User Agreement

This Agreement constitutes your agreement with Bella Cima, Inc. ("Affluent Arrangements") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Affluent Arrangements or any successor or assignee of Affluent Arrangements, and "You," "Your," "You're," "User," and "Enduser" means the person visiting or using this website and any of its services.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. These rights may be superseded by local laws and ordinances in your location. It is your express responsibility to be aware of and abide by them. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adult

You represent, warrant and attest that you are at least 18 years of age, or 21 years of age (in certain areas.)

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:
a. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
b. you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
c. you will not forward chain letters or "Spam" through the Service;
d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
e. you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or if it is fraudulent, misleading or otherwise unlawful, or violates any law;
f. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;
g. you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, Affluent Arrangements' systems, or to other members' systems in any way; and
h. you will not post or transmit in any manner any contact or personally identifying information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information, or by any online communication means provided by Affluent Arrangements. Exempt from the above is the information required by us or our payment provider(s) to be used internally and confidentially for purposes of joining or subscribing to our Service.

Advertising

Unless you indicate on your Preferences page that you do not want to participate in such programs, you agree to grant Affluent Arrangements a license for the right to use your images*, text*, or recordings* on our partners' sites or in the marketing of the Service.

* Excludes your personal information, such as your email address or full name. Please read our privacy policy.

Membership Categories

Users of the Service may become "Guests", "Free Members" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Free Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Full Members are allowed to access. Free Members are not charged by us for the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests or Free Members. Full Members are not charged by us for the features that are free to Free Members. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "Paid Features", for which a Full Member is charged.

Fees and Payments

Affluent Arrangements may from time-to-time test or employ different payment models and fees. Upon the completion of registration, your account may be placed into the different payment schedules solely at Affluent Arrangements' discretion.

OPTION A

a. Full Members of the Service are required to purchase membership

Full Members may purchase a subscription by credit card in accordance with our pricing policy for subscription as posted on the Service from time to time.

b. THE PURCHASE OF MEMBERSHIP IS NON-REFUNDABLE.

c. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes (1)) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

(1) Taxes

Affluent Arrangements is a United States Corporation with operations based in California, and as such we are required to charge a Sales Tax on any purchase of Affluent Arrangements Services made by a California resident. Affluent Arrangements will charge and collect Sales Tax on any purchase made from a Californian credit card, drawn on a Californian account and/or from a Californian location or address.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Statement. You acknowledge that
(a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
(b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them, and you should use caution in, as well as accept full responsibility for, selecting the personal information you post or provide to others through the Service; and
(c) we cannot and do not assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service who we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us at our sole discretion.

You affirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing through the Service. Affluent Arrangements cannot and does not assume any responsibility for your failure to do so.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video, and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out herein or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings, and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, at our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners, or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. However, we cannot and will not be held liable in any way for any service outages of a third party or utility used or contracted by us or by you. We also reserve the right to suspend our Service with or without warning for system or software upgrades, or for routine maintenance with no liability to you whatsoever. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security

Your account is private and is not be used by anyone else. You are solely responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation, reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Affluent Arrangements, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Affluent Arrangements or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Advice Columnists

The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified professional with respect to such issues.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine at our sole discretion. If you do not agree to any modifications, you are required terminate your use of the Service. Your continued use of the Service now, or following the posting of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Affluent Arrangements related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

Governing Law

This Agreement is entered into in California, United States of America. You agree that it will be governed by the laws of California, and any disputes arising out of this Agreement will be subject to the courts of the State of California, and the federal courts applicable within the United States of America. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Affluent Arrangements has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Affluent Arrangements, if Affluent Arrangements' obligations hereunder are assumed by a third party, Affluent Arrangements shall be relieved of any and all liability under this Agreement.


© Affluent Arrangements, 2006-2007.
This agreement was last updated on January 7, 2007