Terms of Service

The following Terms of Service are applicable to this site, Over 40 Personals, Advercast LLC DBA Particular Personals (hereafter "Particular Personals"), which powers this site, and all Particular Personals partners and their online communities.

1. Acceptance of Terms of Service

By completing the registration process and clicking on the "Create My Account" button, you agree to be bound by these Terms of Service and to use Particular Personals and its partner sites in a manner consistent with all applicable laws and regulations.

2. Registration Information/Privacy

Particular Personals may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your name, address, email address or telephone number without your prior written consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

Particular Peronals and its partner sites are intended for adult use only. Anyone under the age of 18 is not permitted to participate in Particular Personals or its partner sites. And Particular Personals reserves the right to terminate your account if we learn that you have provided Particular Personals or its partner sites with false or misleading registration information.

3. Modifications to these Terms of Service

Particular Personals may modify these Terms of Service from time to time in its sole discretion. We will provide you with reasonable notice of any such changes; your continued use of Particular Personals and its partner sites will signify your acceptance of any changes.

4. Modifications to

Particular Personals and its personals partner sites may, at our discretion, add or delete features, services and partners.

5. Joining Particular Personals via a Partner

If you join Particular Personals through a partner, and that partner's relationship with Particular Personals is severed for any reason, you will not will not lose your membership, your personal ad or any credits associated with your account. Instead, you will be converted into a particularpersonals.com personals user and will be able to access your account through particularpersonals.com or any other partner site.

6. Content by Members

You alone are responsible for any content you post on Particular Personals or its partner sites, including but not limited to message board posts, chat participation, homepages, personal ads and member profiles and the consequences of any such content. You agree not to use Particular Personals or its partner sites to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of or any of its partner sites.

Do not post any contact information in your personal ad, including, but not limited to, email addresses, phone numbers, URLs, ICQ numbers or any kind of instant messaging identification. We will remove any contact information that we find in personal ads. Particular Personals and its partner sites are not responsible for any interactions that occur between members after such contact information has been privately exchanged.

Any images posted in personal ads must be of you only.

Particular Personals and its partner sites assume no liability for the contents of or replies to any personal advertisements, or the actions of any individuals. Any such liability rests exclusively with the advertiser or respondent. Particular Personals may, in its sole discretion, reject or delete any personal advertisements which it deems inappropriate.

If you decide to post a photo, you may be featured as a Personal of the Day on Particular Personals partner sites (including their homepages). If you are featured as Personal of the Day, any changes you make to your ad that day (including adding or deleting photos, editing preferences or text, hiding or deleting the ad, etc.) may not be reflected in the photo or quote featured.

Do not post images of genitalia or other graphic sexual content in your personal ad; if you do, we will delete the images from your ad. If you continue to repost the images, we will delete your entire ad and terminate your account without refund.

Particular Personals and its partner sites reserve the right to delete or remove any member content, and to terminate your account if we become aware and determine, at our sole discretion, that you are violating any of the foregoing guidelines.

Particular Personals and its personals partner sites reserve the right to excerpt any member content, text or imagery, including but not limited to, text and images in your Personal Ad and posts made in the Message Boards, and feature it elsewhere on this site and on its partner sites.

7. Copyrighted Material

Particular Personals and its partner sites respect the intellectual property of others and we ask that our users do the same. All material in Particular Personals and its partner sites, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Your access to content posted by other Particular Personals members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it. Any material protected by copyright may not be posted on or its partner sites without the express permission of the author or owner of the copyright on that material.

If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide Particular Personals copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.

2. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.

3. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL -- or URLs in the case of multiple works -- must be provided.

4. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.

5. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Particular Personals or its partner sites actual knowledge of facts or circumstances from which infringing material or acts are evident.

The Designated Agent for Notice of claims of copyright infringement of Particular Personals Networks and its partners is:

copyright@particularpesronals.com

The Designated Agent will accept reports alleging copyright infringement by persons using Particular Personals services.

8. Your Account and Password

You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Particular Personals of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account at any time by emailing cancel@particularpersonals.com. Once your account has been deleted you will no longer have access to any remaining credits in your account and you will not be refunded. Credits are non-transferable. All Particular Personals credits are final sale and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported to Particular Personals within 60 days, to customercare@particularpersonals.com.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF PARTICULAR PERSONALS AND ITS PARTNER SITES IS AT YOUR SOLE RISK. PARTICULAR PERSONALS AND ITS PARTNER SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

PARTICULAR PERSONALS AND ITS PARTNER SITES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PARTICULAR PERSONALS AND ITS PARTNER SITES MAKE NO WARRANTY THAT PARTICULAR PERSONALS AND ITS PARTNER SITES WILL MEET YOUR REQUIREMENTS, OR THAT PARTICULAR PERSONALS AND ITS PARTNER SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES PARTICULAR PERSONALS AND ITS PARTNER SITES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PARTICULAR PERSONALS AND ITS PARTNER SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH PARTICULAR PERSONALS AND ITS PARTNER SITES. PARTICULAR PERSONALS AND ITS PARTNER SITES ARE NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PARTICULAR PERSONALS AND ITS PARTNER SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

PARTICULAR PERSONALS AND ITS PARTNER SITES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PARTICULAR PERSONALS AND ITS PARTNER SITES OR ANY TRANSACTIONS ENTERED INTO THROUGH PARTICULAR PERSONALS AND ITS PARTNER SITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH PARTICULAR PERSONALS AND ITS PARTNER SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PARTICULAR PERSONALS AND ITS PARTNER SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE PARTICULAR PERSONALS AND ITS PARTNER SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PARTICULAR PERSONALS AND ITS PARTNER SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF PARTICULAR PERSONALS AND ITS PARTNER SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Member Content Storage

Particular Personals and its partner sites assume no responsibility for the deletion of or failure to store your content.

11. Indemnification

You agree to indemnify Particular Personals, its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Particular Personals and its personals partner sites, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

12. Termination of Membership

Particular Personals and its partner sites reserve the right to refuse membership to anyone. Particular Personals may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by Particular Personals, or for online conduct that Particular Personals and/or its partner sites believe is harmful to other members, the business of Particular Personals and/or its partner sites, or other third-party information providers.

While we can't regulate what happens between members once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. If we feel that your continued use of Particular Personals could lead to offline behavior that is harmful to other members or the business of Particular Personals, we will suspend your account with no refund. Depending on the severity and/or number of complaints, we may or may not send you warning emails before suspending your account.

13. Legal Venue

This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.

14. Severability & Headings

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.