Dating Skills Review™ (Personal Upgrades Limited) Terms of Use

Welcome to the network of interactive services owned, operated, or provided by Personal Upgrades Limited (PUL). The Personal Upgrades Limited (PUL) Terms of Use (“Terms”) govern your use of any PUL website or service (collectively, the “Services”) that includes an authorized link to these Terms.

Your use of this Internet site or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms. PUL may modify these Terms at any time without notice by posting the revised Terms on our sites.

PLEASE CAREFULLY READ THESE TERMS. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PUL REGARDING YOUR USE OF THE PUL WEBSITE(S). IF YOU ARE UNABLE OR UNWILLING TO AGREE TO OUR TERMS, IN PART OR IN WHOLE, AND DO NOT WISH TO BE BOUND BY IT, PLEASE DISCONTINUE ACCESSING / UTILIZING THIS WEBSITE.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

These Terms describe:

  1. Change / Modifications of the Site
  2. Content on Our Sites
  3. Minors
  4. Third-Party Sites, Products, and Services
  5. Third-Party Views, Opinions, and Statements
  6. Dating Skills Review's Fee-Based Services
  7. Privacy Policy
  8. Your Conduct on Our Sites
  9. Law Compliance and Other Information
  10. Indemnification
  11. Disclaimers
  12. Arbitration
  13. Miscellaneous

Changes / Modifications of the Site

In our sole discretion, PUL has the right, but not the obligation, to take any of the following actions at any time and for any reason without providing prior notice:

  • Restrict, suspend, or terminate a user’s access to all or any part of our Services
  • Make changes to all or any part of our Services
  • Refuse, move, or remove any material that is available on our sites, or a user submits
  • Deactivate or delete a user’s account(s) and all related information / files to that account
  • Establish general practices and limits concerning use of our sites

You agree that PUL will not be liable to you or any third party for initiating any of these actions.

You understand and agree that PUL’s Services may include communications such as service announcements, administrative messages, and advertisements from us, or our partners, and that these communications are considered part of the Services. Users are unable to opt out of receiving these messages.

Content on Our Sites

Our sites include a combination of content created by PUL, third parties, our partners, and our users. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks, or those of our partners, or affiliates. Modifying, publishing, transmitting, participating in the transfer or sale of, reproducing, creating derivative works of, distributing, publicly performing and displaying, or in any way exploiting any of the materials or content on our sites, in part or in whole, is prohibited.

The content contained on our sites includes among other things, product reviews, white papers, and stock quotes, and information about products and services offered by parties other than PUL’s Dating Skills Review (e.g., product descriptions, specifications, pricing, availability, and performance). We do not guarantee the accuracy, integrity, or quality of the content on our sites, and you may not rely on any of this content. Without limitation, PUL is not responsible for postings by users in the user opinion, message board, or feedback sections of our sites.

You accept sole responsibility for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant PUL, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with viewing and using that content. In our sole discretion, PUL has the right, but not the obligation, to edit, refuse to post or to delete any submitted content, in part or in whole, that is in violation of these Terms or that we deem to be unacceptable or otherwise objectionable for any reason whatsoever.

Under no circumstances will PUL be liable in any way for any submitted content, including, but not limited to, any errors or omissions in any content, alterations to content, or for any loss or damage of any kind incurred as a result of the use of any submitted content posted, emailed, or otherwise transmitted via our site and its newsletter.

Minors

PUL’s Dating Skills Review website is intended for adult audiences over the age of 18. If we obtain actual knowledge that a user is under the age of 18, we will remove that user's personally identifiable information from our databases. We recommend, without endorsing, that parents use parental control software to restrict their child’s Internet browsing options. Please refer to Personal Information of Minors in our privacy policy regarding the collection of personally identifiable information from children.

Third-Party Sites, Products, and Services

Our sites contain links to other Internet sites owned by third parties. Your use of each of those third-party sites is subject to the conditions, policies, and terms of each of those sites. We have no control over sites that do not belong to PUL, and we are not responsible for any changes to or content on those sites. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that third-party site or its content, and is viewed / used at your own risk. Please contact the site administrator or webmaster of those third-party sites if you have any concerns or questions regarding such links or third-party site content.

PUL does not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to those products. Your communication and interaction with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that PUL will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your interactions and transactions with third parties. Questions, complaints, or claims related to any third-party website’s products or services should be directed to that third party or vendor.

Third-Party Views, Opinions, and Statements

The PUL website contains views, opinions, and statements of third-party individuals and companies. We do not endorse nor make any representation or warranty whatsoever regarding the views, opinions, or statements provided by any third-party or any user of our website. By accessing and using our sites, users take full responsibility for evaluating the accuracy, completeness, and usefulness of any views, opinions, statements, or content provided by us. Please seek professional advice as appropriate.

PUL’s Dating Skills Review editor and user reviews reflect a review at a particular point in time. Third-party product owners may modify their content or their proposition, in part or in whole, over time (e.g., adjustments to product pricing on some products). Whilst Dating Skills Review makes efforts to ensure that product information in our database is up to date, it is your own responsibility to verify the validity of a product price before purchase, including the verification of the current product details to ensure your purchasing expectations have been satisfied (e.g., the same content, proposition that was reviewed on our site).

Dating Skills Review's Fee-Based Services

Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. PUL may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, as well as institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

Privacy Policy

All of the information that PUL collects from you (e.g., personally identifiable information, registration and credit card information) is subject to our privacy policy.

Your Conduct on Our Sites

Registration Information – If PUL requests registration information from you, you agree to provide us with true, accurate, current, and complete information that you update as necessary to keep it accurate, current, and complete.

Password – If PUL issues you a password, it is your responsibility not to disclose it and to maintain its confidentiality. Use of another person’s password to access / use our sites is prohibited. You are also responsible for maintaining the confidentiality of your accounts on our sites and agree to immediately notify us of any unauthorized use of your passwords or accounts, or any other breach of security. In addition, you agree to log-out from your accounts at the end of each session. PUL will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Technology and software – Our sites technology, its software, and the Services are the property of PUL, our affiliates, and our partners. You agree not to copy, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to PUL’s technology, software, or the Services. You agree not to modify the software underlying PUL’s sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use PUL’s sites to take any of the following actions:

  • Violate the legal right of others through defamation, abuse, harassment, stalking, threatening, or otherwise;
  • Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  • Transmit files containing viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
  • Advertise or offer to sell any goods or services for any commercial purpose unless you have obtained written consent to do so;
  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  • Download any file that you are aware of or reasonably aware of that cannot be legally obtained in such manner;
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations, or labels of the origin, or the source of software, or other material;
  • Restrict or inhibit any other user from accessing and using any public area within our sites;
  • Collect or store personally identifiable information about other users, or falsify information about others;
  • Interfere with or disrupt our sites, servers, or networks;
  • Impersonate any person or entity, including, but not limited to, a Dating Skills Review representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;
  • Take any action that imposes an unreasonably or disproportionately large data load on our infrastructure;
  • Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, news groups, forums, communities, and/or message or communication facilities (collectively, the "Forums") to only send and receive messages and material that are appropriate and related to that particular Forum.

If a username is required to access or use our sites, you agree to choose a username that is not obscene, indecent, abusive, or that might otherwise subject PUL to public disparagement or scorn. In our discretion, we reserve the right, without prior notice, to change your username, delete your posts from our sites, deny you access to our sites, or perform any combination of these options if in violation of these Terms.

Unauthorized access to PUL’s sites is prohibited, a breach of these Terms, and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by PUL for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means provided by PUL.

Use of our sites is subject to existing laws and legal process. None of the content contained in these Terms shall limit PUL’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us at .

Law Compliance and Other Information

Subject to applicable law, PUL reserves the right to release information concerning any user of our sites or the Services if and when we have grounds to believe that the user is in violation of our Terms or engages in (or grounds to believe is engaging in) any illegal activity, and to release information in response to court and governmental orders, other enforceable requests from government entities, civil subpoenas, discovery requests, and otherwise as required by law.

Indemnification

You hereby agree to indemnify, defend, and hold PUL and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Dating Skills Review Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Dating Skills Review Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of the following:

  1. Your connection and use of our sites;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to our sites;
  4. Your violation of these Terms;
  5. Your violation of the rights of any other person or entity.

PUL reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

PUL disclaims any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based Services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites; failures of our service providers (including telecommunications, hosting, and power providers); computer viruses; natural disasters or other destruction or damage of our facilities; or acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

NEITHER PUL NOR ANY OF OUR PARTNERS, OR AFFILIATES MAKES ANY WARRANTY (i) THAT OUR SITES WILL MEET THE USER’S REQUIREMENTS, (ii) THAT OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) AS TO THE ACCURACY AND RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES, (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) THAT ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS, OR AFFILIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR THE COMPLETENESS OF ITS CONTENT.

OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT IS DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOADING OF ANY SUCH MATERIAL.

NEITHER PUL NOR OUR PARTNERS, OR OUR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

PUL may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or the property of you or PUL (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

PUL’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and PUL and govern your use of our sites, and supersede any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of Hong Kong, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Hong Kong, if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.