Terms of Service
1. TERMS AND CONDITIONS
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SERVICE NOW.
2. NO INDIRECT DAMAGES/LIABILITY
Regarding published content or post(s), The Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Post(s) provided by third parties and members and nothing in this agreement is intended to waive or remove such immunity. In no event shall The Company be liable to you or to any other party for indirect damages or losses in connection with material including but not limited to: slander and/or defamation of character. Please be advised that upon these terms and conditions, The Company will not be held responsible for any damages or losses. The web Service and its third party partners and providers use their best efforts to maintain our services but The Company is not responsible for the results of any defects that exist in our domain, or any resulting lost profits or other consequential damages. We make no representation that this service is error free and advise that the Internet is used at your own risk without any expectation of indemnity. To the fullest extent permitted by law, The Company, our officers, directors, employees, agents, representatives, volunteers and assigns, hereby disclaim all liability of any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the “Service” or from any computer virus transmitted through the Service or other Services accessed from this Service, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall The Company’s total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the Terms of Agreement, including our Privacy Statement, or use of the Service exceed, in the aggregate, $100.00 (US).
You agree to indemnify and hold The Company, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, representatives, volunteers, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys’ fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Service, including claims relating to Post(s) or content you submit, posted to or transmitted through this Service, and your connection to and use of this Service. The Company reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with The Company in asserting any available defenses.
“SecretsToCatchaCheatingSpouse.com,” is a registered Service Mark File ______________of SecretsToCatchaCheatingSpouse.com and may be used publicly only through written permission. All SecretsToCatchaCheatingSpouse.com logos and illustrations are REGISTERED under File No.____________. All trademarks and logos featured on SecretsToCatchaCheatingSpouse.com are displayed pursuant to licenses obtained from the owners of those trademarks and logos, and may not be used publicly without the written consent of the owners of such trademarks and logos. All users of the Service agree to not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. Use of any of our trademarks as metatags on other web Services also is strictly prohibited. You may not display this web site in frames (or any of the Post(s) via in-line links) without The Company’s express written permission, which may be requested by contacting The Company through email.
5. LIMITED LICENSE/COPYRIGHT AND INTELLECTUAL PROPERTY LAW RESTRICTIONS.
Limited License/ Copyright and Intellectual Property Law Restrictions. Except for public domain material, this site is protected by intellectual property laws, and U.S.copyright laws. You are hereby granted a non-exclusive license to use the material at this site (“Content”) while connected to this site (including, where available, to email individual stories to friends directly from this site). You are also granted a limited license to print one copy of any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other web sites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at legal at SecretsToCatchaCheatingSpouse dotcom. You may, however, establish ordinary links to our site without our written permission.
6. PROPRIETARY RIGHTS AND RESTRICTIONS
The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the The Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, content or Post(s) to any public area of the web site, you automatically grant, and you represent and warrant that you have the right to grant, to The Company and its Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and Post and to prepare derivative works of, or incorporate into other works, such information and Post, and to grant and authorize sub-licenses of the foregoing. You acknowledge and agree that all Post(s) and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. The Company products and service names are trademarks and/or service marks of The Company (the “SecretsToCatchaCheatingSpouse.com Marks”) and are owned exclusively by The Company. You will not display or use the SecretsToCatchaCheatingSpouse.com Marks, in any manner, without The Company�s prior permission.
7. LINKS AND THIRD PARTY SERVICES
You may establish ordinary links to our Service without our written permission. The Company may produce automated search results or otherwise link you to other Services on the Internet. These Services may contain information or material that some people may find inappropriate or offensive. These other Services are not under The Company control, and you acknowledge that The Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Post of such Services. The inclusion of such a link does not imply endorsement, sponsorship, affiliation of the Service by The Company or any association with its operators. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such Post, goods or services available on such Linked Services.
8. USEAGE POLICY
By posting or submitting Post(s) to this Service, you:
a. Agree that you, and not The Company, are solely responsible for all content or information, including text, communications, software, images, sounds, data, or other information (hereafter “Post(s)”) that you upload, post, publish, display, email or otherwise transmit via our web Service or to other Registered Users.
b. Agree to act responsibly at this site and to treat others with respect. The Company does not control the Post(s) posted via the web Service and does not guarantee the accuracy, integrity, appropriateness or quality of any Post. You will not post on the Service or transmit to other Registered Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity such as any personally identifying information such as social security, drivers license or passport numbers, date of birth, addresses, telephone/fax numbers, references to business or personal addresses or email addresses.) Under no circumstances will The Company be liable in any way for any Post, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Post posted, emailed or otherwise transmitted to The Company.
c. Agree to use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
d. Agree that The Company is not obligated to maintain back-up copies of any Post(s) and shall have no liability for failure to maintain such Post(s). We recommend that you retain a copy of all Post(s) that you submit or post to SecretsToCatchaCheatingSpouse.com.
e. Agree that you will not provide inaccurate, misleading or false information to the Service or to any other Registered User. If information provided to the Company, or another Registered User subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such information.
f. Agree you will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
g. Agree that you will not provide an unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provide material of anyone under the age of 18 in any manner, or solicit personal information from anyone under 18; provide material involving sex with animals; provide or create computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other Registered Users; or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, chain letters, and pyramid schemes.
h. Warrant and represent that you own or otherwise control all of the rights to the Post(s) and that public posting and use of your Post(s) by The Company will not infringe or violate the rights of any third party.
i. Grant The Company and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the Post in any form, anywhere and for any purpose.
j. Will not engage in advertising to, or solicitation of, Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
k. Are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
l. Agree to opt-in to receive our emailed newsletters and receive correspondence, including advertisements from SecretsToCatchaCheatingSpouse and its partners.
m. Will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
n. Agree that The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
o. Acknowledge this Service may contain discussion groups, bulletin boards, chat rooms and other interactive services. We do not monitor use of our discussion groups, bulletin boards or chat rooms. Similarly, we do not exercise editorial control over the Post(s) of any third party Services, electronic mail transmission, text message, news group, bulletin board, chat room or other material created or accessible over or through the Service. As a result, you may be exposed to Post(s) on the web site or on Services accessible over or through the Service that you find offensive or objectionable. Although we do not have any obligation to monitor these services or this self-published content, we do reserve the right at all times to remove any information or materials that are unlawful, threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us in our sole discretion and to disclose any information necessary to satisfy the law, regulation or government request. We also reserve the right to permanently block any user who violates these terms and conditions.
p. Agree to no use software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
q. Agree not to post information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person’s state, province, or country of residence.
r. Agree that organizations, companies, and/or businesses may not become Registered Users of the web site and should not use the web site or Service for any purpose.
s. Agree not to post females into the database
t. Agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Post contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the SecretsToCatchaCheatingSpouse.com Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Service is updated on a real time basis and is proprietary or is licensed to The Company by our users or third parties.
The following examples constitute a misuse of the interactive services:
(a) using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardized or impaired;
(b) using the services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offense to others on grounds of race, religion, creed or sex;
(c) using the services to harm, or attempt to harm, minors in any way;
(d) using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offense or give rise to civil liability;
(e) using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;
(f) using the services to create, host or transmit unsolicited advertising material to other users;
(g) using the services to create, host or transmit any material that harasses another; using the services to make fraudulent offers to sell or buy products, items or services;
(h) adding, removing or modifying identifying network header information in an effort to deceive or mislead;
(i) using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;
(j) using the services to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
(k) using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally;
(l) reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorized to use.
This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the interactive services that may result in the restriction, suspension or termination of your access to the Service. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable Post. Users also agree to comply with any applicable rules regarding the export of any data from any country.
9. ONLINE CONTENT
Opinions, advice, statements, offers, or other information or Post(s) made available through the Service, but not directly by the Company., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Post(s).THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
10. MATERIALS SUBMITTED BY YOU
Unless specifically requested, The Company does not solicit nor does The Company wish to receive any confidential, secret or proprietary information or other material from you through the Service, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by The Company, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Service, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by The Company without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY THE COMPANY TO THE EXTENT PERMITTED BY LAW.
11. RESTRICTION, SUSPENSION AND TERMINATION
The Company may restrict, suspend or terminate your access to the Service and/or your ability to avail of any of the services on the Service, including interactive services, if The Company believes that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which The Company may have against you in respect of your breach of these Terms & Conditions. The Company may also remove the Service as a whole or any sections or features of the Service at any time. Please note that The Company have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
12. USER INFORMATION
In the course of your use of the Service, you may be asked to provide personal information to The Company (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Service Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and Post of the User Information.
We may store and process personal information collected on our site in the United States or any other country in which SecretsToCatchaCheatingSpouse.com or its agents maintain facilities. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country.
We may share aggregated information with others such as how many users clicked on a particular advertisement.
You will indemnify The Company against any loss, damage or cost incurred by The Company arising out of your use of the Service, any of its services or any information accessible over or through the Service, including information obtained from linked Services, your submission or transmission of information or material on or through the Service or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to The Company is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). The Company reserves the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with The Company in any such defenses.
14. DISCLAIMER OF WARRANTIES
You expressly agree that use of this web site is at your sole risk. There is no warranty that your access to or use of this site will be uninterrupted or error free; or that any particular results may be obtained by use of this site. This site is made available on an “as is” basis without warranties of any kind, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, other than those which are implied by and incapable of exclusion, restriction, or modification under the laws of this agreement. Neither we nor any other person or entity providing content via this site shall be liable to you for any direct, indirect, incidental, special or consequential damages.
The Company does not warrant that the Service will be free from viruses. Although The Company takes reasonable steps to secure the Service, you acknowledge that the internet is not a completely secure medium and The Company makes no warranties express or implied, that any information or materials you post on or transmit through the Service will be safe from unauthorized access or use. If you are dissatisfied with the Service, your sole remedy is to discontinue using the Service.
The Company, Its subsidiaries and its licensors do not warrant that the Post(s) is accurate, reliable or correct; that this Service will be available at any particular time or location; that any defects or errors will be corrected; or that the Post is free of viruses or other harmful components. Your use of this Service is solely at your risk. Any material viewed, downloaded or otherwise obtained through the use of this Service is done solely at your own discretion and risk, and you will be solely responsible for any damage, including without limitation personal injury or distress, damager to your computer system or loss of data that results from the viewing or download of any such material. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
15. YOUR RESPONSIBILITY
You should always verify the information set out in this Service with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Service and to ensure the compatibility of such software with your equipment.
The Company makes no claims in regards as to the accuracy or suitability of any information found on this web Service. The Company is not responsible for any information found on this web site. Message Board Rules must be followed on the Message Board otherwise we reserve the right to delete your post and/or terminate your account.
16. JURISDICTION AND VENUE
This Service is controlled and operated by The Company and its representatives from their offices in Anaheim, CA. They make no representation that the materials available on this Service are appropriate or available for use in other locations, and access to them from jurisdictions where their Posts are illegal is prohibited. In the event of a dispute arising out of or relating to this site, or your use of or access to this site, litigation must be brought in city or federal court in the City of Anaheim and the United States.
The terms of this Agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
The Company reserves the right to terminate your access to the Service for any reason or no reason. The Company may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to The Company but reserves the right to terminate your membership without notice. You acknowledge that The Company shall not be liable to you or any third party for any termination of your access to this Service.
18. MEMBER DISPUTES
The Company does not control the information provided by other users that are made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Service. You are solely responsible for your interactions with other web site members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the website, you release The Company, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Company reserves the right, but has no obligation, to monitor disputes between you and other members.
19. INTERNATIONAL USE
20. CHOICE OF LAW AND FORUM
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Secrets To Catch a Cheating Spouse
2034 E. Lincoln Ave., #252
Anaheim, CA 92806
22. ENITRE AGREEMENT
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
All survey questions and answers were created, written and authored by random, anonymous women. All survey questions and answers are the property of their owners and are not affiliated, nor owned or authored, by SecretsToCatchaCheatingSpouse.com, their owners, affiliates, directors, officers or employees.
Is this website legal?
Yes. If you are considering a lawsuit, you should read this page first.
Our users are anonymous. The Supreme Court of the United States has held that anonymity of speech is protected under the First Amendment to the Constitution (see McIntyre v. Ohio, 514 U.S. at 337; Talley v. State of California, 362 U.S. 60). United States courts also recognize the right to speak anonymously � AND have held that the right extends to speech on the Internet. When courts have ordered disclosure of the name of an anonymous user, a litigant must show that its need for identifying information outweighs the user’s constitutional right. SecretsToCatchaCheatingSpouse.com recognizes this right to anonymity.
According to the Electronic Frontier Foundation:
Anyone questioning the legality of anonymous postings on an internet site should familiarize themselves with 47 USC Section 230, the federal law that permits many entities to “host” other people’s content without being liable for defamation/libel etc. “By its plain language, # 230 creates a federal immunity to any cause of action that would make service providers liable for information originating with a third-party user of the service.” Zeran v. AOL, 129 F.3d 327, 330 (4th Cir. 1997).
Does this change when SecretsToCatchaCheatingSpouse deletes inappropriate comments?
The answer is NO according to the following:
(2) Civil liability.–No provider or user of an interactive computer service shall be held liable on account of– “(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
The following is a list of websites containing legal information, as well as quotes and legal precedents. Please feel free to click on the links.
The Anti SLAPP Resource Center
Student Press Law Center
ACLU: Student Cyber Liberties
ACLU Northern California
Electronic Frontier Foundation: Anti-SLAPP Cases
News.com: Relevant e-Bay case
In addition, according to the United States Supreme Court, two items must be proven for a libel (written) law suit.
1. Who wrote the libel (SecretsToCatchaCheatingSpouse.com keeps no records or IP’s so therefore, you must prove and subpoena the person who wrote the information.)
If a correction needs to be made to a posting, anyone is free to post an automatic comment at no charge.
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Secrets To Catch a Cheating Spouse
2034 E. Lincoln Ave., #252
Anaheim, CA 92806