Terms of Service
Welcome to OnDaySix.com. This document comprises the terms and services agreement (“Agreement”) that sets forth the terms and conditions for your (“You”) use of our website’s tools and services. “You” collectively refers to our visitors, members and subscribers of OnDaySix.com.
We provide an online personals service to facilitate adults in introducing themselves to other adults. OnDaySix.com is owned and operated by OnDaySix LLC, a Delaware limited liability company with a business address of 351 Northpoint Drive Suite F, Redding, CA 96003.
The following terms and conditions govern all use of the OnDaySix.com website and all content, services and products available at or through the website.
Membership is void where prohibited. Membership at this website, as well as any usage of our tools and or services, is restricted to individuals who are at least 18 years of age and who are legally able to enter into a binding contract.
Please read this Agreement carefully before accessing or using the website and/or any of the tools and services that OnDaySix.com provides. By accessing or using the OnDaySix.com website, as well as any tools or services that we provide, such is your express agreement to be bound by each and every term and condition contained within these Terms of Service and that you have the legal capacity to accept and abide by these Terms.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our tools and/or services and may not be a member of the OnDaySix.com website.
If these terms and conditions are considered an offer by OnDaySix LLC, acceptance is expressly limited to these terms.
OnDaySix.com does not investigate the backgrounds, identities, statements or claims of its members. While you are free to interact with other members, you are solely responsible for any such interactions. Please use common sense while interacting with other members and follow sensible safety standards such as refraining from meeting alone with other members and always meeting other members in a public location for your own safety. You agree to take all reasonable safety precautions when meeting or communicating with any other member, especially if meeting any member offline. OnDaySix.com does not verify whether any member has a criminal record or not, or if they have been divorced, or if they have misrepresented any claim about their religion, social background, employment or any other claimed information or lack of provision of complete background information by any member. OnDaySix.com makes no warranties or guarantees about the conduct of any member or whether or not any member is potentially or actually compatible with any other member. IN NO EVENT SHALL ONDAYSIX.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE ONDAYSIX.COM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. DO NOT PROVIDE PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING FINANCIAL INFORMATION, BANK INFORMATION AND CREDIT CARD INFORMATION, TO ANY OTHER MEMBER.
The website, along with all products and services made available via this website, is offered subject to your acceptance of each and every term and condition contained herein and all other operating rules, policies, and procedures that may be published from time to time on this web site (collectively, the “Agreement”).
Memberships may be terminated without prior notice for any reason that OnDaySix.com determines, in its sole discretion to be reasonable and consistent with the overall business plan of OnDaySix.com as well as for the greater good of the overall OnDaySix.com membership community.
1. Your OnDaySix.com Account. If you create a username and/or profile on the website, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you submit content, comment on any content, post material (including, but not limited to photographs) to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “User Generated Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the User Generated Content in question constitutes text, graphics, photographs, an audio file, or computer software.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through our tools and services. You will not transmit any chain letters or junk email to other members.
You will use the tools and services that we provide in a manner consistent with any and all applicable laws and regulations as well as the general intentions and purpose of our greater user community. You will not include in your 'Profile' any telephone numbers, street addresses, last names, URL's or email addresses, other than in response to our requests in the personal or general information sections of the websites. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.
We may limit the number of messages that any member may send in a day. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other members.
You will refrain from sending or posting through our services and any defamatory, inaccurate, abusive, obscene, profane, indecent, offensive, sexually oriented, threatening, harassing, intolerant, racially offensive, “hateful”, disturbing, shocking, morally 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) or content that is generally not acceptable in a polite society or offensive to the majority of our users.
You will not include in your profile any indecent, sexually suggestive or offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language.
You will refrain from posting or distributing any photos, graphics, drawings or images containing nudity or personal information. We reserve the right, but we have no obligation, to reject any profile or photo, graphic, image, drawing, text or other content that does not comply with the prohibitions set forth in these terms. We reserve the right to refuse service to anyone, at our sole discretion. Please use common sense when using our various tools and services.
By making User Generated Content available, you represent and warrant that:
a. the downloading, copying and use of the User Generated Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, or rights of publicity or privacy of any third party and will not be defamatory in nature;
b. if your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the User Generated Content, including but not limited to any software, or secured from your employer publish the User Generated Content without reservation or payment or;
c. you have fully complied with any third-party licenses relating to the User Generated Content, and have done all things necessary to successfully pass through to end users any required terms and;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content and;
e. the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing) or would be content that the general Internet community and/or our own user community would find objectionable or harmful in nature, and;
f. the User Generated Content does not contain threats or incite violence towards individuals or entities, contain “hate” language or is intolerant in nature, or violate the laws of any foreign jurisdiction, and;
g. your User Generated Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods, and;
h. your account is not named in a manner that misleads your readers into thinking that you are another person, or that your background, experiences, education, religion and personal and business credentials are factual and complete if revealed by you.
By submitting User Generated Content to OnDaySix.com for inclusion on the website, you grant us a worldwide, permanent, transferrable, royalty-free, and non-exclusive license to reproduce, modify, distribute, copy, edit, adapt and publish the User Generated Content solely for the purpose of displaying, distributing and promoting your content. If you delete User Generated Content, we will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and that it is possible that the Content may have been republished by third parties elsewhere on the Internet without our knowledge or permission.
Without limiting any of those representations or warranties, OnDaySix.com has the right (though not the obligation) to, in our sole discretion refuse or remove any content that, in our reasonable opinion, violates any OnDaySix.com policy or is in any way, in the sole discretion of OnDaySix.com, harmful, undesirable or objectionable to OnDaySix.com or our intended audience, or terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. OnDaySix.com will have no obligation to provide a refund of any amounts previously paid, if any.
3. Membership and Subscription Requirements. Membership is available at no cost to our members, however, some features and services are not available to those members who have not subscribed and paid for access to our premium features. The ability to contact other members is a premium service that is available only with a paid subscription membership. Please see our subscription details that we publish on the OnDaySix.com website for further information about our current subscriber prices and subscription benefits. Our subscription policies, rules and guidelines are incorporated into these Terms by reference as if fully set forth herein. Within these Terms, the word “member” includes the subscribing membership community as well as those members who are using only our free services. We reserve the right to remove the profiles of non-subscribing “free members” at will and without prior notice.
4. Free Trials and Other Promotions. Free trials and other promotional subscriber-level access are provided on a limited time basis only and such services provided for free during set promotional periods must be used only during the set promotional period. Access to the our subscriber level services during a “free promotional” period requires that you provide us with your credit card information and we will bill your credit card for regularly periodic payments following the termination of the free promotional period unless you cancel your subscription before the end of the free promotional or trial period as stated in our promotional offer. If you have cancelled your subscription membership prior to the end of the free trial period and your credit card was mistakenly billed by OnDaySix.com, please contact our customer service department at once to have the charges reversed.
5. Recurrent Billing. When members request to subscribe to our “paid for” services, OnDaySix.com will bill that subscriber’s credit card for an initial service period and then will bill the credit card for recurring periodic charges, with the period being as set by the subscriber, such as monthly, yearly or as otherwise made available for subscribers by OnDaySix.com. Your subscription is your expressed indication to us that you agree to be billed for the initial period as well as all recurring periods pursuant to the subscription order that you have placed. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. YOU MUST KEEP YOUR CREDIT CARD/PAYMENT INFORMATION CURRENT, COMPLETE AND UPDATED WITH ONDAYSIX.COM. SHOULD YOUR CREDIT CARD BE STOLEN, LOST, OR OTHERWISE COMPROMISED, PLEASE CONTACT OUR SERVICE DEPARTMENT AT ONCE. SHOULD THERE BE ANY CHANGE IN OUR CREDIT CARD BILLING ADDRESS, NUMBER, OR EXPIRY DATE PLEASE LET OUR SUPPORT DEPARTMENT KNOW AT ONCE. SHOULD YOU BECOME AWARE OF ANY UNAUTHORIZED USAGE OF YOUR ONDAYSIX.COM ACCOUNT, USER ID, OR PASSWORD, PLEASE ALERT ONDAYSIX.COM AT ONCE. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR ACCOUNT, USER ID AND PASSWORD. YOUR RECURRING SUBSCRIPTION CHARGES WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED FINANCIAL ACCOUNT UNLESS YOU, IN WRITING, CANCEL YOUR SUBSCRIPTION BEFORE THE NEXT RECURRING BILLING PERIOD. SUBSCRIBERS ARE BILLED BASED ON OUR PROVISION OF ACCESS TO OUR SERVICES, RATHER THAN ACTUAL SUBSCRIBER USAGE. SOME TOOLS AND SERVICES, AS WELL AS THE ONDAYSIX.COM WEBSITE ITSELF, MAY NOT BE AVAILABLE 24 HOURS A DAY, SEVEN DAYS A WEEK, DUE TO PLANNED AND UNPLANNED SERVICE OUTAGES. WE DO NOT PROVIDE REBATES OR REFUNDS FOR SERVICE OUTAGES NECESSARY FOR SITE REPAIRS, IMPROVEMENTS OR OUTAGES THAT ARE OUTSIDE OF OUR CONTROL.
6. Cancellations. You may cancel your subscription to the services at OnDaySix.com at any time during your subscription period or any renewal period unless otherwise stated in this section. You may cancel your account by accessing your "account settings" from your "Dashboard" page, clicking "Cancel My Account" and providing any information requested. In doing so, your subscription will terminate at the end of your previously paid subscription period, and you will not receive any refund for any unused days in such subscription period.
7. Responsibility of Website Visitors and Members. OnDaySix.com has not reviewed, and cannot review or pre-screen all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, OnDaySix.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. OnDaySix.com disclaims any responsibility for any harm resulting from the use by visitors of the website, use or reliance of or upon any tools or services made available via the website, or from exposure to any content made available via the website of any nature.
8. Copyright Infringement and DMCA. Pursuant to Section 512(c) of the U.S.A Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, any interested party may send us a notice of Claimed Copyright Infringement. All Notices must be sent pursuant to the format as required by the Digital Millennium Copyright Act or they will be discarded without review.
By Surface Mail Only
351 Northpoint Drive Suite F, Redding, CA 96003.
9. Intellectual Property. This Agreement does not transfer from OnDaySix.com to you any OnDaySix.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OnDaySix.com or third party owners. All other trademarks, service marks, graphics and logos used in connection with OnDaySix.com, or the website are trademarks or registered trademarks of OnDaySix.com or third party owners. Your use of the website grants you no right or license to reproduce or otherwise use any OnDaySix.com or third-party trademarks.
10. Changes and Limitations. OnDaySix.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. OnDaySix.com may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of OnDaySix.com and that there is no requirement for OnDaySix.com to protect against activities by the alteration of any HTML code that publishes the website.
11. Termination. OnDaySix.com may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your membership account (if you have one), you may simply discontinue using the website. We may also ban any member, including revoking access, revoking passwords and user IDs, revoking accounts and/or taking action to block or restrict the User's IP or other methods used to access our site, for any reason we deem appropriate, with no prior notice given and with no explanation given. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The website is provided “as is” and “where is.” OnDaySix.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OnDaySix.com nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the website at your own discretion and risk.
13. Limitation of Liability. ONDAYSIX.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. IF YOUR JURISDICTION REQUIRES A WAIVER AS A REQUIREMENT FOR THIS SECTION TO BE VALID, YOU HEREBY STIPULATE TO SUCH A WAIVER AS A CONDITION OF USING THE TOOLS AND SERVICES THAT THIS SITE PROVIDES. In no event will OnDaySix.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement for any amounts that exceed the fees paid by you to OnDaySix.com under this agreement during the twelve (12) month period prior to the cause of action. OnDaySix.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. General Representation and Warranty. You represent and warrant that your use of the website will be in strict accordance with this Agreement, the spirit and intention of the website and general population of members and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless OnDaySix.com, its parent entity if any, its contractors, and its licensors, and their respective directors, members, officers, employees, affiliates and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
17. Jurisdiction/Arbitration. This Agreement constitutes the entire agreement between OnDaySix.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OnDaySix.com, or by the posting by OnDaySix.com of a revised version. Except to the extent applicable to law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the State of California, United States, and the sole venue for any legal disputes arising out of or relating to any of the same will be the state and/or federal courts located in or near Redding, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. Each party will prepay one half of the arbitration fees in advance of the arbitration, to the arbitration service provider, with the party requesting arbitration being required to prepay it’s half of the costs of arbitration directly to the arbitration service provider before the responding party will be obligated to pay it’s half of the costs of arbitration. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party without the prior written permission of OnDaySix.com; OnDaySix.com may assign its rights in whole or in part under this Agreement without condition or prior notice. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Revision: March 26th, 2012
Please contact us with any inquiries regarding this agreement. OnDaySix.com is a trademark of OnDaySix LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE TERMS AND PROVISIONS CONTAINED ABOVE.