Terms Of Use

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Last Updated on Saturday, 27 June 2009 13:25 Written by Legal Saturday, 23 May 2009 13:05

Terms Of Use

JustDontWifeHer.com Terms of Use Agreement

JustDontWifeHer.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with each other. The services offered by JustDontWifeHer.com ("JustDontWifeHer.com" or "we") include the JustDontWifeHer.com website (the "JustDontWifeHer Website"), the JustDontWifeHer.com messaging service, and any other features, content, or applications offered from time to time by JustDontWifeHer.com in connection with the JustDontWifeHer Website (collectively, the "JustDontWifeHer Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the JustDontWifeHer Services. By using the JustDontWifeHer Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the JustDontWifeHer Website) or you are a "Member" (which means that you have registered with JustDontWifeHer.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the JustDontWifeHer Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the JustDontWifeHer Website and discontinue use of the JustDontWifeHer Services immediately. If you wish to become a Member, communicate with other Members and make use of the JustDontWifeHer Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes JustDontWifeHer.com's policy for acceptable use of the JustDontWifeHer Services and Content posted on the JustDontWifeHer Website, your rights, obligations and restrictions regarding your use of the JustDontWifeHer Services and JustDontWifeHer.com's Privacy Policy. In order to participate in certain JustDontWifeHer Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the JustDontWifeHer Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Subject: Terms of Use Agreement.


JustDontWifeHer.com may modify this Agreement from time to time and such modification shall be effective upon posting by JustDontWifeHer.com on the JustDontWifeHer.com Website. You agree to be bound to any changes to this Agreement when you use the JustDontWifeHer Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on JustDontWifeHer.com and that you provide to other Users. Your JustDontWifeHer.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other JustDontWifeHer.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and JustDontWifeHer.com assumes no responsibility or liability for this material. If you become aware of misuse of the JustDontWifeHer Services by any person, please contact info@JustDontWifeHer.comor click on “Moderation/Report User” in the User’s Profile menu.

JustDontWifeHer.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the JustDontWifeHer Services at any time, for any or no reason, with or without prior notice, and without liability. JustDontWifeHer expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of JustDontWifeHer Services if JustDontWifeHer determines, in its sole discretion, that you pose a threat to JustDontWifeHer and/or its Users, are in violation of the Terms of Use Agreement, or for any other reason at the discretion of JustDontWifeHer.

1) Eligibility. Use of and Membership in the JustDontWifeHer Services is void where prohibited. By using the JustDontWifeHer Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the JustDontWifeHer Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

2) Term. This Agreement shall remain in full force and effect while you use the JustDontWifeHer Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the ”Remove Manager” page located under the “Contact Us” menu or send an email from the address you have registered at JustDontWifeHer.com to: remove@JustDontWifeHer.comwith the Subject of “Remove” and in the text of the email please provide your Registered User Name. JustDontWifeHer.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3) Fees. Membership at JustDontWifeHer.com is free but you acknowledge that JustDontWifeHer.com reserves the right to charge for certain JustDontWifeHer Services and to change its fees from time to time in its discretion upon posting public notice of such fees. If you agree to such fees and JustDontWifeHer.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any subscription fees for such services.

4) Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JustDontWifeHer.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5) Non-commercial Use by Members. The JustDontWifeHer Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JustDontWifeHer.com. Illegal and/or unauthorized use of the JustDontWifeHer Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the JustDontWifeHer Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the JustDontWifeHer Services.

6) Proprietary Rights in Content on JustDontWifeHer.com.

a) JustDontWifeHer.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the JustDontWifeHer Services. After posting your Content to the JustDontWifeHer Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the JustDontWifeHer Services, you hereby grant to JustDontWifeHer.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the JustDontWifeHer Services.

b) The license you grant to JustDontWifeHer.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to JustDontWifeHer.com), fully-paid and royalty-free (meaning that JustDontWifeHer.com is not required to pay you for the use on the JustDontWifeHer Services of the Content that you post), sublicensable (so that JustDontWifeHer.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the JustDontWifeHer Services), and worldwide (because the Internet and the JustDontWifeHer Services are global in reach). This license will terminate at the time you remove your Content from the JustDontWifeHer Services. The license does not grant JustDontWifeHer.com the right to sell your Content, nor does the license grant JustDontWifeHer.com the right to distribute your Content outside of the JustDontWifeHer Services.

c) Members who choose to close their account and discontinue membership are responsible for removing publicly posted content prior to closing their account. All content in a Member’s User Profile will be deleted upon the closing of your account but publicly posted news articles, and other Content that you have publicly posted will not be automatically removed upon closing your account. Furthermore all Content posted in the Forums will not be deleted as this would damage the integrity and intelligibility of the Forums. The Terms of Use Agreement will remain in force and applied to any Content that a User has publicly posted at JustDontWifeHer.com. Such Content will be removed from JustDontWifeHer.com within sixty days of receipt of a written request from that User with the exception of Content in Forums.

d) You represent and warrant that: (i) you own the Content posted by you on or through the JustDontWifeHer Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the JustDontWifeHer Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the JustDontWifeHer Services.

e) The JustDontWifeHer Services contain Content of JustDontWifeHer.com ("JustDontWifeHer.com Content"). JustDontWifeHer.com Content is protected by copyright, trademark, patent, trade secret and other laws, and JustDontWifeHer.com owns and retains all rights in the JustDontWifeHer.com Content and the JustDontWifeHer Services. JustDontWifeHer.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JustDontWifeHer.com Content (excluding any software code) solely for your personal use in connection with viewing the JustDontWifeHer Website and using the JustDontWifeHer Services.

f) The JustDontWifeHer Services contain Content of Users and other JustDontWifeHer.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JustDontWifeHer Services.

7) Content Posted.

a) JustDontWifeHer.com may delete any Content for any reason which JustDontWifeHer administrators find reason for. JustDontWifeHer.com assumes no responsibility for monitoring the JustDontWifeHer Services for inappropriate Content or conduct. If at any time JustDontWifeHer.com chooses, in its sole discretion, to monitor the JustDontWifeHer Services, JustDontWifeHer.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

b) You are solely responsible for the Content that you post on or through any of the JustDontWifeHer Services, and any material or information that you transmit to other Members and for your interactions with other Users. JustDontWifeHer.com does not endorse and has no control over the Content. Content is not necessarily reviewed by JustDontWifeHer.com prior to posting and does not necessarily reflect the opinions or policies of JustDontWifeHer.com. JustDontWifeHer.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8) Content/Activity Prohibited. The following is a partial, but exclusive list of the kind of Content that is illegal or prohibited to post on or through the JustDontWifeHer Services. JustDontWifeHer.com reserves the right to investigate and take appropriate legal action against anyone who, in JustDontWifeHer.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the JustDontWifeHer Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of JustDontWifeHer.com:

a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal information from anyone under 18;
f) provides any telephone numbers, street addresses, or email addresses;
g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, intimidating, threatening, obscene, defamatory or libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i) involves the transmission of "spimming," or "spamming";
j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l) solicits any passwords or personal identifying information for commercial or unlawful purposes from other Users;
m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n) includes a photograph of another person that you have posted without that person's consent; or
o) uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
p) posts links to external websites or files that violate any of the above

q) The following is a partial list of the kind of activity that is illegal or prohibited on the JustDontWifeHer Website and through your use of the JustDontWifeHer Services. JustDontWifeHer.com reserves the right to investigate and take appropriate legal action against anyone who, in JustDontWifeHer.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
ii) advertising to, or solicitation of, any Member to buy or sell any products or services through the JustDontWifeHer Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the JustDontWifeHer Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, JustDontWifeHer.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which JustDontWifeHer.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the JustDontWifeHer Services, you acknowledge that you will have caused substantial harm to JustDontWifeHer.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay JustDontWifeHer.com $50 for each such unsolicited email or other unsolicited communication you send through the JustDontWifeHer Services;
iii) covering or obscuring the banner advertisements on your personal profile page, or any JustDontWifeHer.com page via HTML/CSS or any other means;
iv) any automated use of the system, such as using scripts to add friends or send comments or messages;
v) interfering with, disrupting, or creating an undue burden on the JustDontWifeHer Services or the networks or services connected to the JustDontWifeHer Services;
vi) attempting to impersonate another Member or person;
vii) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
viii) selling or otherwise transferring your profile;
ix) knowingly or unknowingly, using any information obtained from the JustDontWifeHer Services in order to harass, intimidate, abuse, or harm another person;
x) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the JustDontWifeHer Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or using the JustDontWifeHer Services in a manner inconsistent with any and all applicable laws and regulations.

9) Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of JustDontWifeHer.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to JustDontWifeHer.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the JustDontWifeHer Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the JustDontWifeHer Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. JustDontWifeHer.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, JustDontWifeHer, ADD CORPORATE ADDRESS HERE.

10) Member Disputes. You are solely responsible for your interactions with other JustDontWifeHer.com Members. JustDontWifeHer.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

11) Privacy. Use of the JustDontWifeHer Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12) Disclaimers. JustDontWifeHer.com is not responsible for any incorrect or inaccurate Content posted on the JustDontWifeHer Website or in connection with the JustDontWifeHer Services, whether caused by Users of the JustDontWifeHer Services or by any of the equipment or programming associated with or utilized in the JustDontWifeHer Services. Profiles created and posted by Members on the JustDontWifeHer Website may contain links to other websites. JustDontWifeHer.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by JustDontWifeHer.com. Inclusion of any linked website on the JustDontWifeHer Services does not imply approval or endorsement of the linked website by JustDontWifeHer.com. When you access these third-party sites, you do so at your own risk. JustDontWifeHer.com takes no responsibility for third party advertisements which are posted on this JustDontWifeHer Website or through the JustDontWifeHer Services, nor does it take any responsibility for the goods or services provided by its advertisers. JustDontWifeHer.com is not responsible for the conduct, whether online or offline, of any User or Visitor of the JustDontWifeHer Services. JustDontWifeHer.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, any User or Member communication. JustDontWifeHer.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 any email or other services due to technical problems or traffic congestion on the Internet or on any of the JustDontWifeHer Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the JustDontWifeHer Services. Under no circumstances shall JustDontWifeHer.com be responsible for any loss or damage, including personal injury or death, resulting from use of the JustDontWifeHer Services, attendance at a JustDontWifeHer.com event, from any Content posted on or through the JustDontWifeHer Services, or from the conduct of any Users of the JustDontWifeHer Services, whether online or offline. The JustDontWifeHer Services are provided "AS-IS" and as available and JustDontWifeHer.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JustDontWifeHer.com cannot guarantee and does not promise any specific results from use of the JustDontWifeHer Services.

13) Third Party Websites and Content. JustDontWifeHer contains (or you may be sent through the JustDontWifeHer or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the JustDontWifeHer and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the JustDontWifeHer or relating to any applications you use or install from the site.

14) Limitation on Liability. IN NO EVENT SHALL JUSTDONTWIFEHER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF JUSTDONTWIFEHER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUSTDONTWIFEHER.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 JUSTDONTWIFEHER.COM FOR THE JUSTDONTWIFEHER SERVICES DURING THE TERM OF MEMBERSHIP.

15) U.S. Export Controls. Software available in connection with the JustDontWifeHer Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the JustDontWifeHer Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16) Disputes. If there is any dispute about or involving the JustDontWifeHer Services, you agree that the dispute shall be governed by the laws of the State of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Pennsylvania, Municipality of Norristown. Either JustDontWifeHer.com or you may demand that any dispute between JustDontWifeHer.com and you about or involving the JustDontWifeHer Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, Pennsylvania USA, provided that the foregoing shall not prevent JustDontWifeHer.com from seeking injunctive relief in a court of competent jurisdiction.

17) Indemnity. You agree to indemnify and hold JustDontWifeHer.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the JustDontWifeHer Services 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 and/or if any Content that you post on the JustDontWifeHer Website or through the JustDontWifeHer Services causes JustDontWifeHer.com to be liable to another.

18) Other. This Agreement is accepted upon your use of the JustDontWifeHer Website or any of the JustDontWifeHer Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and JustDontWifeHer.com regarding the use of the JustDontWifeHer Services. The failure of JustDontWifeHer.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. JustDontWifeHer.com is a trademark of JustDontWifeHer, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.