SingularCity Terms of Use

SingularCity Social Network Terms of Use

Introduction

Welcome to SingularCity. Singular Communications, LLC operates a website located at http://www.SingularCity.com (also referred to as “Singular magazine,” “SingularCity” or “the website” or “the SingularCity website”) that provides an activity, feature and content rich web destination for Internet users who are primarily  25 years old plus. These terms of use (“TOU”) constitute a binding agreement – and the only agreement – between Singular Communications and you governing your use of the website. By visiting the website, you agree to be bound by all of the terms and conditions of these TOU, whether you are a “Visitor” (which means you are just browsing at SingularCity), a “Registered Member” (which means you have registered with the SingularCity online community).

If you do not agree to these TOU, please do not register for or enter the SingularCity website. Singular Communications may also modify these TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view these TOU. Your continued use of the SingularCity website after any modification will mean you agree to these TOU as modified. If you do not agree to a modification, you should stop visiting SingularCity immediately.

We at Singular Communications take these TOU seriously. We believe they are necessary to create a Web atmosphere in which SingularCity Visitors, Members, content providers and service providers may feel safe and respected. If we believe you have breached these TOU, we may, without notice, suspend or terminate your ability to access the SingularCity website and/or any other service, specific content, digital products, products, courses or events, provided to you by SingularCity, including any personal website.

Registered Members

Visitors to SingularCity may register their identifying information and become “Registered Members.”  While SingularCity is intended for single and unmarried adults 30 years old and older, anyone 13 or older may register (but see our notices below regarding “Children Under Age 13″ and “Children Between the Ages of 13 and 18″). As a Registered Member, you have your own profile that identifies you according to privacy settings you control as a Member of SingularCity, and have access to community tools (e.g., discussion groups and blogs) and other services in which only Registered Members may participate.

Each Registered Member receives a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the SingularCity website. You agree to immediately notify SingularCity of any unauthorized use of your password or account or any other breach of security. SingularCity cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Information and Representations Provided at Registration and Thereafter

By registering with SingularCity, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form and in all descriptive content you post about yourself on SingularCity. If any of your information changes, you agree to update your registration information as soon as possible. If Singular Communications suspects that your registration information or descriptive content is not complete, current or accurate or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted (including but not limited to information about yourself or your Company), and you may be barred from using the SingularCity website.

Children Under Age 13

You may register on SingularCity if you are 13 or older. SingularCity is not directed at children under 13 years of age. Any registration, use of, or access to the SingularCity website by anyone under 13 is unauthorized, unlicensed and in violation of these TOU.

SingularCity does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register on SingularCity or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 13 may provide any personal information to or on the SingularCity website. If we learn that we have collected personal information from a child under age 13 with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at reportabuse@singularcity.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask their parents for permission before posting any information about themselves on any website or sending any information about themselves to anyone over the Internet.

Parents of children between the ages of 13 and 18 who wish to allow their children access to the SingularCity website have the responsibility to determine the content that is appropriate for their children. Please be aware that SingularCity Members have created areas on the SingularCity website that may contain adult or mature content.

Privacy Policy

Your use of SingularCity is subject to our Privacy Policy. To view the SingularCity Privacy Policy, please visit click here.

Reliance on Medical, Legal, Financial, Investment and Other Information

Singular magazine sometimes presents resources for the purpose of informing, entertaining and creating a community among SingularCity Visitors and Registered Members. Singular Communications intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided by Singular magazine to suggest an authoritative course of action for an individual with legal, financial, educational, medical or mental health concerns. The information contained here should not replace a consultation with a qualified expert in the field who is familiar with your particular circumstances, such as an attorney, accountant, financial or investment adviser, teacher, physician, health care provider or therapist.

Other Parties and Websites

From time to time, SingularCity may make available to you certain services offered by third parties or pages of the SingularCity website may include links to other parties’ websites. Those third party services and websites are not governed by these TOU and/or Privacy Policy but may be governed by other terms of use and privacy policies. Also, Singular Communications does not review all the content of these external websites and is not responsible for the quality of information on any of the external websites or any link contained in the external websites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp

Copyright

Singular Communications is the owner of this website as a whole and of any individual content on the website that is provided by Singular Communications staff, Members, or contributors who provide work under contract with Singular Communications. All Singular Communications content is protected under the copyright and intellectual property laws of the United States and other countries. The SingularCIty website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of SingularCity content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from SingularCity or from Singular magazine.

Content and Comments Posted by SingularCity Members

SingularCity is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas. The interactive nature of postings on SingularCity makes it impossible for Singular Communications to assume responsibility for the materials posted and Registered Members. The ideas, suggestions, opinions, comments and observations made by Registered Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”) are not endorsed by Singular Communications, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the website is the sole responsibility of the person who originally posted the Citizen Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.

Singular Communications does not claim any ownership rights in Member Content. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to Singular Communications or posting it on the website, you expressly grant Singular Communications a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Citizen Content in any form, solely in connection with the SingularCity website or other affiliated or related Singular Communications ventures. This license is sub-licensable (so that Singular Communications is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SingularCity website and any other SingularCity services). This license will continue perpetually unless and until you remove your Member Content from the SingularCity website. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that Singular Communications may retain archived copies of your Member Content.

If you choose to post Member Content on SingularCity Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of SingularCity reflects your respect for the legal rights of Registered Members connected with Singular Communications. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list).

You acknowledge that SingularCity may or may not pre-screen or monitor Member Content (for instance, to determine if it was created by the Member posting it, or if it is posted without authorization), but that Singular City and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the website, with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the website and to any and all materials you post on SingularCity, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (“Member Content”) whether the Member Content is included in blogs, SingularCity Groups (as defined below), private messages, emails, profiles, comments or any other portion or feature of SingularCity.

You may not, in connection with the website:

  • Upload, post, email or otherwise transmit any Member Content that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
  • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
  • constitutes a misrepresentation of facts or hate speech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited email or spam;
  • contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful programming routines;
  • Harm minors in any way;
  • Solicit personal information from anyone under 18;
  • Use or create inappropriate screen names or SingularCity Group names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Use SingularCity as a forwarding service to another website;
  • Do anything to prevent the full and complete display of advertisements on SingularCity pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the website;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people’s entries or other Member Content when you have not been granted the privileges to do so; or
  • Allow usage by others in such a way as to violate SingularCity’s TOU.

You may not, except with Singular Communication’s express advance authorization or in a specially designated area (e.g., account settings), use the website to:

  • upload, post, email or otherwise transmit any Member Content that provides any telephone numbers, street addresses, last names, URLs or email address;
  • engage in commercial activities within SingularCity (such as by advertising or selling products or services or inducing Registered Members, Guests and Visitors to the website to enroll in a promotional or money-making enterprise); or
  • solicit donations for any purpose.

Although Singular Communications provides rules of conduct for Citizens and Users of the website, SingularCity does not control and is not responsible for Citizens’ and Users’ activities regarding the website. SingularCity assumes no responsibility for monitoring Member Content or conduct that may violate these TOU, including these Rules of Conduct. With regard to any third party rights, Singular Communications relies on Member’s representations that they are either the creator of Member Content or have authorization to distribute it. If at any time Singular Communications chooses, in its sole discretion, to monitor or investigate any Member Content or conduct, SingularCity nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Member.

Free Goods

SingularCity may in its sole discretion allow the posting of Member Content that contains a link to free goods or services, but such posting is confined to SingularCity Groups (as defined below).

SingularCity Groups, and Group Leaders and Officers

Registered Members may create and maintain their own “SingularCity Groups” within the website. A “SingularCity Group” consists of Internet-based discussions and other functionality that enable participants in the group to communicate with each other.

The Registered Members who creates a SingularCity Group is the “Group Leader.” The Group Leader may invite up to three Group Officers. The Group Leader and the Group Officer(s) are encouraged to set a positive tone for the SingularCity Group and to report to Singular Communications any abuse or violation of these TOU.

In the Group Leader’s sole discretion, he or she may:

  • decide whether the SingularCity Group is restricted to certain individuals or is accessible to the general public;
  • change the SingularCity Group’s access designation (whether restricted or public) at any time;
  • in restricted SingularCity Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion; and
  • delete any Member Content posted to the SingularCity Group.

In addition, the Group Leader may also transfer or delegate any of these decisions and/or responsibilities to another Registered Member, who should be designated on the SingularCity Group home page as a successor Group Leader or as a “Group Officer.”

In response to Registered Member conduct in SingularCity Groups that violates these TOU, SingularCity may take any or all of the actions described in “Registered Members,” above, and/or the following actions with regard to the SingularCity Group:

  • delete an entire SingularCity Group;
  • change Group Leader or Group Officer status; or
  • block any participant from the SingularCity Group.


Copyright Infringement

Singular Communications respects the intellectual property of others, and we ask our Registered Members to do the same. Thus, in your use of and interactions with SingularCity and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Singular Communications reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Citizens who we believe to be infringing.

If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512—-000-.html.

Singular Communication’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email:
reportabuse@singularcity.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it
By mail:
Singular Communications, LLC,
3435 Ocean Park Blvd., Suite 107,
Santa Monica CA 90405.
310-481-0413

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Members or Visitors to the website. Singular Communications reserves the right, but has no obligation, to monitor or take action regarding disputes between these parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then SingularCity shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, SingularCity may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by SingularCity.

Indemnity

You agree to indemnify and hold Singular Communications and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the website, your use of the website or other SingularCity services, your connection to the website, your violation of these TOU or your violation of any rights of another.

General Practices Regarding Use and Storage

Singular Communications may establish general practices and limits concerning use of the website, including, for example, limits on the number of:

  • days that blogs, message board postings or other uploaded content and Member Content will be retained
  • SingularCity Groups to which you may belong
  • files (including graphics, photographs, videos or sound/music files) that may be posted
  • disk space that will be allotted on SingularCity servers on your behalf, and
  • times you may access the website in a given period of time (and the maximum duration of your visits to the website).

You agree that Singular Communications has no responsibility or liability for the deletion or failure to store any messages and other communications or other Citizen Content, provided by you or otherwise, maintained or transmitted by SingularCity.

Modifications to the website

SingularCity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. SingularCity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Termination

Singular Communications may, under any circumstances and without prior notice, immediately terminate your SingularCity account and access to the website or any other SingularCity services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account cancellations); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other Singular Communication’s products or services. Termination of your SingularCity account may include: (a) restriction of access to the website or any other SingularCity services; (b) removal of your Profile and Member Content associated with or inside your account (or any part thereof); and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in Singular Communication’s sole discretion and that Singular Communications shall not be liable to you or any third party for any termination of your account, any associated email address or access to the website.

Disclaimer of warranties

You expressly understand and agree that:

Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. SingularCity and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

SingularCity and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the website or any other Singular Communications services will meet your requirements; (2) the website will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the website will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through SingularCity will meet your expectations; and (5) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from SingularCity or through or from the website shall create any warranty not expressly stated in these TOU.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the website. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you or anyone in your family, have an epileptic condition, consult your physician prior to using the website. Immediately discontinue use of the website and consult your physician if you experience any of the following symptoms while using the website: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

Limitation of liability

You expressly understand and agree that Singular Communications and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SingularCity has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the website; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the website; or (5) any other matter relating to the website or singular communications.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

Notice

Singular Communications may provide you with notices, including those regarding changes to these TOU, by email, regular mail or postings on the website.

Violations of These Terms of Use

Please report any violations of these TOU, including objectionable Citizen Content or behavior, to reportabuse@singularcity.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please state the reasons for your concern and provide a link to the Citizen Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, SingularCity in its sole discretion may investigate the matter and take such action as SingularCity determines to be appropriate.

No Waiver

Singular Communication’s failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Singular Communications may at any time choose to take an action that it is permitted or legally entitled to take, even if Singular Communications has not taken such an action in the past, in the same or a similar situation.

Terms of Use Update
TOU updated January 2012

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